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HomeMy WebLinkAbout980720.tiff L/ ztek- tzt '.‘"/ tess6 GENERAL SERVICES PHONE (970) 356-4000, EXT. 4234 FAX: (970) 352-0242 915 10TH STREET III D C P.O. BOX 758 GREELEY, COLORADO 80632 COLORADO March 6, 1998 To: Board of County Commissioners From: Pat Persichino, Director of General Services/Personnel Subject: Items to be included in third reading of County Ordinance 118W, Weld County Personnel Policies 1. Page 19, VACATION LEAVE: Paragraph 3, add second sentence to read: "Accruals in excess of two (2) times the annual accrual at the end of the year will be lost effective 12/15 (12/31, Social Services)." 2. Page 20, SICK LEAVE BANK: Item B, Second Sentence, Delete Words "In January of" and replace with, "each month of succeeding years." 3. Page 25, PERSONAL LEAVE: Add after December 15, "(December 31, Social Services)." These changes are necessary to accommodate the different pay periods of Social Services. Pat Persichino 980720 SECTION VI LEAVE TIME VACATION LEAVE No annual leave is earned by temporary,part-time, seasonal,hourly paid employees or initial review employees during their first six months of their employment. During the first six(6)months,employees in the initial review period will not accrue vacation leave. Upon successful completion of their first six(6)months,employees will be awarded their accrued vacation. Successful completion means that the employee meets or exceeds appraisal standards on the employee's six month appraisal Employees may schedule vacation leave after the successful completion of their first six(6)months. Vacations must be scheduled in advance with the employee's supervisor. Vacation shall not conflict with work requirements of the department. Scheduled vacations may be canceled at any time for any reason by the Department Head/Elected Official. Annual vacation is earned on a monthly basis as of the 15th of each month according to length of County service as follows: Continuous Years of County Service Hours Accrued Monthly ,Tobi Share Accrual 50 .75 Under 5 8.00 hours ' 4 6 Over 5„but under 10 10.00 hours 5 7,5 Over 10,but under 20 12.00 hours 6 9 Over 20 13.33 hours 6.5 10 Effective 7-16-97,Social Services employees have the following exceptions; Employees who have been With the department less than five(5)years and are accruing ten(10)hours of vacation will be grandfathered in until their years of service are equivalent to six(6)years, An employee cannot accumulate in excess of two times the annual vacation accrual. Accruals In excess of,two(2)times th',e.annual accrual at the;end of the yearvvill;be lost efectis I2/15(12/31,Social=Services).Vacation time cannot be used in conjunction with a termination; the last day worked will be considered the termination date. Earned but unused vacation will be payable upon termination of employment. Official holidays occurring during vacation leave are counted as holidays,not as vacation. Illness and emergency closure days during vacation periods are counted as vacation days. Department Heads,Chief Deputies,and Elected Officials designated by the Home Rule Charter and the Board of County Commissioners do not accrue paid vacation SICK LEAVE Sick leave is not a right. It is a privilege given to eligible employees to be used in the following circumstances: A. When an employee is unable to perform the job duties because of illness,injury,or any other medically disabling condition. B. When the employee has medical, surgical,dental or optical examinations or treatment; C. When an employee who is required to care for an ill member of the immediate family uses accumulated sick leave up to 40 hours for any one illness or injury. All regular and job share employees are eligible for sick leave 30 days after employment. Sick leave is accrued from date of hire with no maximum accrual limit. THIS REVISION: 118-N Page ADOPTED: B EFF. DATE: Sick Accrual Regular Employee 8 Job Share,75 6 Job Share.50 4 For employees hired prior to January 1, 1985,accumulated sick leave is payable upon termination at one-half the hours of accumulated unused sick leave,not to exceed one month's salary. Employees hired after January 1, 1985 will not be paid for accumulated sick leave upon termination of employment. Employees are to report their absence(s)daily directly to their supervisor within one hour of the employee's regular starting time. Failure to report may be considered cause for denial of paid sick leave for the period of absence unless the employee furnishes an acceptable explanation. Not calling in and obtaining an approved absence for three days is considered abandonment of job and may result in termination. An employee may be required to provide a medical doctor's verification of illness or fitness for duty at any time. Abuse of sick leave or excessive absenteeism may result in the loss of the privilege to earn sick leave or in other disciplinary actions,including termination. All regular full-time employees are authorized five sick leave occurrences per calendar year. A sick leave occurrence is defined as a minimum of one sick leave day, or a number of consecutive sick leave days taken at any one time, or a combination of hours equaling one sick day.;Employees who exceed the five occurrences are subject to disciplinary action, including, but not limited to, the revocation of all sick leave privileges as set forth in this section, suspension, leave without pay,and/or termination. "Advanced" sick leave is not permitted. Employees may not carry negative sick hours. Under no circumstances may sick leave be used for more than 6 months consecutively. This is so coordination may happen with Weld County's long term disability program. SICK LEAVE BANK In order to provide a no cost,short term disability program for employees the County has established a Sick Leave Bank Program. This program is voluntary and the benefits are to go solely to members of the Sick Leave Bank. The Sick Leave Bank is based on a donation of hours of the individual's sick leave,per member,per year. (Regular Employee=4;job Share.75=3;Job Share 50=2)Employees who do not contribute to the Bank cannot use sick leave bank hours. Admission to Bank participation for new members shall be allowed after the employee's one year anniversary. Only regular,full time employees and job share employees',are eligible for the Sick Leave Bank. Approval of a Sick Leave Bank Request is not guaranteed by the Department Head,Elected Official or Sick Leave Bank Governing Board. A. Each month a pro-rated donation of hours of the employee's individual sick leave,will be deducted and credited to the Bank. (Reg=.66;JS 75=.5; JS .50=.33) B. Sick leave days in the Bank are carried over from year to year. An additional contribution is required i,.Ja.,ua.y 00.010001i;p40014443itin while a member of the Bank. Hours donated to the Sick Leave Bank are not refundable. C. The Bank is administered by the Sick Leave Bank Governing Board. The Board is composed of five(5)voting members. These include five (5) employees elected by the participants in the Bank and one (1) non-voting representative from Payroll. The following conditions govern the granting of sick leave days from the Bank: 1. Application forms are available through Personnel. Applications for benefits from the Bank are made in writing to the Sick Leave Bank Board via the Personnel Department. THIS REVISION: 11S-N ADOPTED: Page 20 EFF. DATE: �( WELD COUNTY J l PERSONNEL POLICY HAND' 2 , IMPORTANT In reading this Handbook,please remember that complete details of benefit plans or policies are not always included. If there are inconsistencies between the formal terms of a benefit plan and this Handbook, the actual terms of the plan,or the policy will be controlling. A complete copy of each plan document is available for your review in the Personnel Department. The Weld County Board of County Commissioners reserves the right to revoke, suspend, interpret, discontinue or modify any county program, benefit plan,or employment policy,whether it is contained in this Handbook or if it is in addition to this Handbook. The language used in this Handbook and in all Departmental Supplemental Personnel Policy Forms is not intended to create, nor is it to be construed to constitute, a contract between Weld County, the Board of County Commissioners of Weld County, and/or any one or all of their employees. All Weld County employees have been in the past and are currently considered to be employed "at will." ORDINANCE 118-NO Amended Effective Dcee...bcr 16, 1995April 6, 1998 TABLE OF CONTENTS SUBJECT INDEX I. Purpose of Handbook Introduction 1 Management Rights 1 Exempt Positions . 2 II. Employment Information EEO 3 Political Activities 3 Promotions/Transfers 4 Vacancies 4 Re-employment 5 Employment of Relatives 5 III. Employee Definitions Initial Review Employee 6 Promotional/Transfer Review Employee 6 Special Review 6 Regular Employees 6 Other Employees 6 Job-Share Employees 7 IV. Conduct,D:.,en,ln1aty Actions-,Discipline, and Grievance P 1 . Conduct 8 Reporting Misconduct 9 Sexual Harassment 9 Drug-Free Work Place 10 Suspension and Termination for Charges with a Crime 11 Licenses Requites:le .ts 11 Disciplinary Actions 12 Dismissal Procedures 12 Grieving a Dismissal 13 Employee Grievances 13 Non-Grievable Items 13 Grievance Procedures 14 Grievance Hearings 15 V. Termination of Employment LayoffReduetion in Force Sequence 19 Resignation 19 Retirement 20 Abandonment of Position 20 References 20 VI. Time Off Vacation 21 Sick Leave 21 Sick Leave Bank 22 Unpaid Medical Leave of Absence 25 Personal Leave Days 29 Holidays 29 Funeral Leave 30 Leave of Absence Without Pay 30 Jury Duty 30 Closure of County Operations 31 Professional Leave 31 Military Leave 31 Department Head Leave 31 VII. Working Hours Work Week and Work Day 32 FLSA 32 Compensation for Overtime 32 Time Working 33 Meal Hours 33 Breaks 34 IX. Health and Safety General 35 Reporting Injuries 35 Communicable Diseases 36 Medical Examinations 40 Recreational Activities 40 X. Education and Training Tuition Assistance 41 Seminars and Conferences 42 XI. Miscellaneous Policies Confidential Information 43 Private Use Personal Property 43 Personnel Records 43 Solicitations 44 County Stationary for Charitable Contributions 44 Outside Employment 44 Appearance/Dress 45 Use of Private Automobile 45 Conflict of Interest 45 XII. Salary, Classification and Pay Salary Policy 46 Objectives of the Pay System 46 Pay System Concepts 47 Classification and Pay Plan 47 Job Descriptions 47 Position Reclassification 48 Key Elements of the Pay System 49 Pay Steps 49 Grandfathering 50 Mechanics of the System 50 New Hires 50 Promotions 50 Transfers 51 Demotions 51 XIII. Performance Evaluations Evaluation Process 53 Performance Evaluations Due 54 Evaluation Review/Appeal 54 Process for Updating Performance Standards 55 XIV. Payroll Pay Day 56 Automatic Deposits 56 Wage Garnishment 56 Mandatory Payroll Deductions 56 Procedure to Correct Payroll Errors 57 SECTION I PURPOSE OF HANDBOOK INTRODUCTION INTRODUCTION This Handbook contains the Weld County Board of Commissioners' personnel policies, plans, and procedures as enacted by Weld County Ordinance 118, as amended, and as required by Section 4-2B of the Weld County Home Rule Charter. It is designed to be used by department heads, supervisory and staff personnel, and employees in the day to day administration of the County personnel program. In cases that are unique to a specific department or office, Departmental Supplemental Personnel Policies will be issued. These Supplements must be approved by the Board of County Commissioners. MANAGEMENT RIGHTS The contents of this Handbook and all Departmental Supplemental Personnel Policy Forms are presented as a matter of information only. The Weld County Board of Commissioners reserves the right to modify, revoke, suspend, terminate, interpret, or change any or all of these plans,policies or procedures, in whole or in part, at any time. The language used in this Handbook and in all Departmental Supplemental Personnel Policy Forms is not intended to create, nor is it to be construed to constitute, a contract between Weld County and any one or all of its employees. All Weld County employees have been in the past and are currently considered to be employed "at-will". All plans, policies, and procedures contained in the Handbook and in all Departmental Supplemental Personnel Policy Forms will be administered in accordance with federal and state laws and with the Weld County Home Rule Charter. The contents of this Handbook supersede all previous versions of the Handbook, all personnel plans, policies, procedures, manuals, resolutions, and/or personnel operations manuals, except for the procedures set forth in any Departmental Supplemental Personnel Policies that have been received by Personnel and approved by the Board of County Commissioners. EXEMPT POSITIONS The following positions are exempt from the provisions of these policies and the Weld County Personnel System, except that the Board of County Commissioners shall establish, for the exempted positions,the compensation and benefits package. A. Undersheriff. B. The appointed chief deputy of the Clerk and Recorder, Assessor, and Treasurer. C. All hourly employees as described in Section III. THIS REVISION: 118-MO Page 1 ADOPTED:I l 27 953-23-98 EFF. DATE:12 16 954-6-98 D. All Elected Officials as defined by the Weld County Home Rule Charter. E. Reserve Deputies or Sheriffs Posse F. The District Attorney for the Nineteenth Judicial District and any and all assistants, deputies, and other employees of said District Attorney. G. Employees of the hospital division as i...,laded i..II,,.a„Rtrk Cl❑.rt.,.. (NCMC) I I. The Weld County Attorney and all Assistant Weld County Attorneys. Weld County is involved in a number of jobs programs. Participants in the below listed programs are not regular employees of Weld County and are not covered by the policies of this Handbook. A. Work Study. Contracts with area schools such as Aims and UNC. B. Contracts for specialized services. The county enters into special contracts for some services in lieu of hiring an employee. C. Student Intern Programs. Area schools place student interns in County Departments. D. Employment Services of Weld County. The Weld County Department of Human ReseareesServxees places people in various programs including in-school and summer youth, CWEP or JOBS, etc. E. Useful Public Service. This program is limited to individuals required to perform public service in lieu of some other penalty. F. Any other job program as approved by the Board of County Commissioners. THIS REVISION: II 8-INO Page 2 ADOPTED:II 27 953=23.-98 EFF. DATE:4-2-I-64.54-6-98 W9S4-5-98 SECTION II EMPLOYMENT INFORMATION EQUAL EMPLOYMENT OPPORTUNITY (EEO) Weld County strives to attain complete compliance with all provisions of Equal Employment Opportunity laws. Recruiting, selection and advancement of employees will be on the basis of their relative ability, knowledge, skills, and other relevant factors. It is the intent of Weld County to: 1. Recruit, hire,train and promote persons in all job titles without regard to race, religion, color, sex, age, national origin, disability, veteran status,or any other status or condition protected by applicable state law, except where a bona fide occupational qualification applies. 2. Administer all personnel actions such as compensation, benefits,transfers, layoffs, return from layoff, county sponsored training, education and tuition assistance without regard to race, religion, color, sex, age, national origin, disability, veteran status, or any other status or condition protected by applicable state law, except where a bona fide occupational qualification applies. If any employee has a suggestion, problem, or complaint with regard to equal employment, the employee should contact the Director of Personnel. Any applicant for a job with Weld County who feels he/she might have been illegally discriminated against on the basis of race, color, religion, sex, national origin, or belief, age, or disability, during the application/job selection process, may appeal this alleged discrimination in writing to the Director of Finance and Administration of Weld County. The Director of Finance and Administration or his designee will then investigate the alleged discrimination. POLITICAL ACTIVITIES In accordance with Section 4-2 of the Weld County Home Rule Charter no employee shall, during working hours, engage in any political activity. This includes requiring an applicant or employee to divulge political beliefs or to make contributions to political parties or groups. Any County employee, except an Elected Official,who seeks election to partisan public office, shall request a leave of absence,without pay,immediately after announcement of candidacy. Any employee who takes a leave of absence in order to seek election to a partisan public office may not use any accumulated paid leave except for accumulated compensatory time. Requests for leave of absence, without pay, will be made through the Personnel Department. Leaves of absence without pay for political activities must be approved by the Board of County Commissioners prior to the employee taking the time off from work. The employee must return to work immediately upon completion of the campaign or election. THIS REVISION: 118-MO Page 3 ADOPTED:I 127 9S3.23.98 EFF. DATE:12 16 9611.6-98 RECRUITMENT,SELECTION,AND APPOINTMENT PROMOTIONS/TRANSFERS Promotions and transfers may be given to employees for the purpose of better utilizing the abilities of Weld County employees. Weld County is interested in employee development and encourages all employees to prepare for advancement to higher positions. Vacancies are advertised within the County for a period of five(5)consecutive work days. Promotions and transfers from within the County are made when appropriate. County employees are encouraged to apply for vacancies for which they are qualified by completing a Transfer Request Form and a Weld County Employment Application. County employees who meet the position criteria may be selected for interview for the position. All requests for transfer should be channeled through the employee's supervisor to the Department Head/Elected Official and then to the Personnel Department. Department Heads and Elected Officials have the discretion to promote individuals within their departments based on performance and/or qualifications without conducting interviews. VACANCIES Because there are times when it is necessary to fill the position as quickly as possible, the County may find it expedient to advertise concurrently in the outside market at the same time the position is advertised internally. Applications are screened by the Personnel Department by comparing the applicant's qualifications to the job requirements. In specialized professional fields, departments may assist in the screening process. The Personnel Department will certify a list of names of the applicants that meet the minimum qualifications to the departments and refer the most qualified applicants to the Department Head/Elected Official for interview and final selection. Department Heads/Elected Officials may not interview applicants unless they have been certified by Personnel. Department Heads/Elected Officials are the only authorized appointing officials for Weld County. This authority cannot be delegated. In all instances of transfer,the employee will be subject to a promotional review period of six months. RE-EMPLOYMENT At the discretion of the Department Head/Elected Official,a regular employee who resigned within one year and was in good standing at the time of the resignation may be rehired. Upon re-employment,the employee shall be subject to all conditions of employment, including the twelve(12)month initial review period applicable to new employees. If the date of termination is less than 31 days,the employee will be reinstated with no change in hire date. EMPLOYMENT OF RELATIVES In accordance with Section 4-2 of the Weld County Home Rule Charter, an appointing or employing authority may not employ or request the employment of any person who is related to him or her as spouse, parent, child, brother, sister or in-law. A supervisor may not have a relative as defined above placed under him/her for supervision. THIS REVISION: 118-MO Page 4 ADOPTED:I 1 27 953-23-98 EFF. DATE:12 16 954.6-98 THIS REVISION: 118-MO Page 5 ADOPTED:I 1 27 953-23.98 EFF. DATE:I2 16954.6.98 SECTION III EMPLOYEE DEFINITIONS INITIAL REVIEW EMPLOYEE All new employees, except hourly personnel, are on initial review status for the first twelve (12) months of employment. The initial review status may be extended beyond the first twelve (12) months at the supervisor's discretion. Upon satisfactory completion of the review period, the employee will become a regular member of the County workforce. Employees on an initial review whether for the twelve(12) months or extended may not file a grievance with Weld County and the Employee Grievances section of this Handbook does not apply. PROMOTIONAL/TRANSFER REVIEW EMPLOYEE Employees promoted or transferred into a new position will be under a review status for six(6)months. SPECIAL REVIEW EMPLOYEE A Department Head or Elected Official may institute a special review due to performance that was not up to department standards. The length of the special review period shall be at the discretion of the Department Head or Elected Official. REGULAR EMPLOYEE A regular employee is a full-time employee who is not on any review period. All personnel policies and procedures are applicable to regular employees including grievance procedures. Regular employees may take advantage of benefits including insurance,time off, and retirement. FULL-TIME EMPLOYEE A full-time employee is an employee who is regularly scheduled to work at least 3440 hours per week. Depending on the situation, any of the above definitions may apply to full-time employees. FULL-TIME(SEASON/VI EMPLOYEE. A part-time employee working 40 hours,per week,but for only part of the year. They are not paid any leave time, but may participate in the health insurance program, They have none of the giievance rights as described in this Handbook and cannot participate in the Weld County Retirement Plan: THIS REVISION: 1184.40 Page 6 ADOPTED 11 27 953.23-98 EFF. DATE:12 16 954-6-98 HOURLY EMPLOYEE IIowly An hourly employees-are is paid only for the hours they work.worked. They are not paid for any leave time. Hourly employees have none of the grievance rights as described in this Handbook. They do not participate in the Weld County?Retirement programs-Plan. PART-TIME EMPLOYEE A Ppart-time employees-are is regularly scheduled to work less thanes 40 hours per week. They may participate in the health, life, and disability insurance programs. Participation in the insuranec program is dependent upon whether insurance cots are in the dcpatmcntal budget for the position.They have none of the grievance rights as described in this Handbook and cannot participate in the Weld County Retirement Plan. JOB SHARE EMPLOYEE (positionjs are categorized based on the budgeting for the department) paid leaves are prorated based on the number of hours worked. The only salary adjustments that job share hourly arc-eligible for are annual Bost of livinjg adjustments. IIoursc are submitted weekly for numbc of hours worked. pay;andsalary level inereses. Salary remains the same based on normal working hours submitted by the department. Job shale sick and vacation prorated aeerural rates are based on the table below: Normal IIours Worked/Month Aeeet,al ILL/Month 138 173.33 8 130 137 6 87 129 4 Job share employees have none of the grievance rights as described in this personnel Policy Iandbook A part-time employee who participates in all county benefits except retirement. Benefits are earned on a pro-rata basis based on standard hours worked. Job share,sick and vacation prorated accrual rates are based on the table below: Normal Hours Worked per Week Accrual Rate/Month 30- 39 6 20- 29 4 WORKING AFTER RETIREMENT THIS REVISION: 118-MO Page 7 ADOPTED:I 127 953-23-98 EFF. DATE:12 16 954-6-98 Employees retiring from Weld County service under the State of Colorado PERA retirement program shall be governed by PERA rules and regulations for employees working after service or disability retirement. Refer to PERA rules and regulations. Employees retiring from Weld County service under the Weld County rRetirement-t,,s,a,,r Plan may work no more than a total of 1,644 hours annually as an hourly,part-time, or job share retiree employee to continue receiving Weld County rRetirement Plan benefits.Depending on the job situation,a retiree may receive pay and benefits in any one of the following retiree categories: HOURLY RETIREE EMPLOYEE 1-IAn hourly retiree employees-are is paid only for the hours they worked. They are not paid for any leave time. Hourly retiree employees have none of the grievance rights as described in this Handbook. They do not participate in Cot„ty rairel„e t progral„s.the Weld County Retirement!Plan. PART-TIME RETIREE EMPLOYEE Part-time retiree employees are regularly scheduled to work less than 3-2 40 hours per week. They may participate in the health, life, and disability insurance programs. Participation in the insurance program is dependent upon whether insurance costs arc in the departmental budget for the position. They have none of the grievance rights as described in this Handbook and cannot participate in the Weld County Retirement Plan. JOB SHARE RETIREE EMPLOYEE(positions arc categorized bacd on the budgeting for the department) paid-Laves-are-prorated based on the number of hours worked. The only salary adjustments that job share hourly arc eligible for arc annual cost of livinjg adjustments. Ilourse are submitted weekly for numbe of hours worked. Job share sick and vacation prorated accrural rates arc based on the table below: N: .1 I I:. s W: - el.tk &m ad Rat.,/Me.,th [Aeration of B.,,,.,fits 138 137 6 75% 87 129 4 50% Below 87 No ae.,r,.al N ,, A part-time retiree employee participates in all county benefits except retirement.Benefits are earned on a pro-rata basis based on standard hours worked. Job share sick and vacation prorated accrual rates are based on the table below: THIS REVISION: 1184.40 Page 8 ADOPTED 11 27 953-23,98 EFF. DATE:12 16 954-6-98 Normal Hours Worked/Month Accruaj Rate/Month 30Y 39 6 20-29 4 Department Head classification shall receive a proration of Department Head benefits based on the number of hours worked,as depicted above under Proration of Benefits. As with full-time Department Head positions, no sick leave or vacation accrual applies. Joh shad retiree employees have none of the grievance rights as described in this Person See folowing chart for breakout of benefit by employee type. THIS REVISION: 118-4.40 Page 9 ADOPTED:!1 27 953.23-98 EFF. DATE:12 16 954.6-98 BENEFIT TABLE;BY'EMPLOYEE TYPE Benefit FuIT „;? Job Full Time Pad .Hourly Retired €: ......:.. ... Retire Retired :...::.:: :..:..::.: : .. . iadia, < ;: :::N:'.:. : a ular:�:.s:=. ........ ... g ........:....�..:..:.,, ...Temp;..;::. ,....::..:i.. .�::.:.: SEiare Tune Cost of Yes Yes Yes Yes Yes Yes Yes Yes :Living:::. . ...... : Step Yes Yes No **No No Yes No No Progression Health Ins Yes *Yes *Yes *Yes No *Yes *Yes No Disability Yes Yes No Yes No Yes Yes No Insurance._ ,,; .Lite Ins Yes Yes No Yes No Yes Yes No Retirement Yes No No No No No No No Sick Leave Yes *Yes No No No *yes No No Vacation Yes *Yes No No No *Yes No No Holiday Yes *Yes No No No *Yes No No Personal Yes *Yes No No No *Yes No No .>Leave,:;:..:.. :, $ereavement Yes *Yes No No No *Yes No No Leave Sick Leave Yes *Yes No No No *Yes No No dank Grievance Yes Yes No No No Yes No No :;Rights *Pro-rated **Ambulance-Yes Note: Must consistently work 20 hours or more per week to receive health insurance with a pro-ration for under 40 hours per week. Retiree limited to no more than 1,644 hours per year. THIS REVISION: 118-MO ADOPTED:I 127 953-23-98 Page 10 EFF. DATE:I2 16 954.6-98 SECTION IV CONDUCT,DISCIPLINARY ACTION,AND GRIEVANCE PROCEDURES DISCIPLINE/GRIEVANCE CONDUCT Every county employee should be aware that they are public employees and it is the employee's duty to serve citizens in a courteous and efficient manner. An employee must maintain a standard of conduct and performance which is consistent with the best interests of Weld County. Examples of conduct that may result in disciplinary action or discharge include, but are not limited to, the following: A. Failure to meet performance standards. B. Conduct endangering the safety or well-being of self, fellow employees or the public. C. Negligent or willful damage or waste of public property. This includes misuse of County property, equipment, vehicles or other materials for private gain, use or convenience and unauthorized use, possession or storage of County property. D. Failure to comply with lawful orders or regulations. E. Insubordination. Offensive-language F. �=�«��o��s�,guage or conduct toward the public or fellow employees,or fighting words or conduet.Any acts or threats of violence,threatening behavior,or the use of obscene,abusive,or threatening language or gestures toward the public or fellow employees: G. Violation of the Drug-Free Workplace policy stated in this Handbook. H. Unexcused absence. I. Conviction of a serious crime (See Suspension for Charge with Crime). J. Accepting bribes, money, or property or services of value in the course of employment. K. Any material omission or falsehood in the application or interview for employment. L. Falsifying sickness, or any other cause of absence. M. Dishonesty. N. Giving preferential treatment to individuals or groups. THIS REVISION: 118440 Page I I ADOPTED 1 127 953-23-98 EFF. DATE 12 16 954-6-98 O. Breach of confidentiality. P. Loss or suspension of driving privileges in those positions that require a valid driver's license. Q. Any conduct which is likely to have adverse effect upon the functioning of Weld County Government. R. Violation of any policy duly adopted by Resolution or Ordinance of the Board of County Commissioners of Weld County and set forth in the Weld County Administrative Manual, including, but not limited to, smoking in buildings and vehicles under the control of Weld County and lobbying by Weld County employees without authorization. This list is for illustrative purposes only and is not intended to be all inclusive. REPORTING MISCONDUCT An employee observing misconduct should report the incident immediately to the Department Head/Elected Official. Employees may report misconduct of a Department Head/Elected Official to the Personnel Department. If misconduct did occur, appropriate disciplinary action may be taken. No Department Head/Elected Official shall initiate or administer any disciplinary action against an employee on account of the employee's reporting misconduct, unless the reporting employee: A. Knows that the report is false, or the report was made with disregard to its truth or falsity; or B. Discloses information which is confidential from government records which are closed to the public, pursuant to Section 24-72-204, C.R.S.; or C. Discloses information that is confidential under any other provisions of law. Employees should refer to Sections 24-18-101, 201 of the Colorado Revised Statutes,to determine what should be done to comply with State law regarding possible conflict of interest. SEXUAL HARASSMENT 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 decisions affecting an individual; or THIS REVISION: 118-440 Page 12 ADOPTED:I 127 953-23-98 EFF. DATE:12 16 954-6-98 (3) The harassment has the purpose of or the effect of unreasonably interfering with an individual's work performance or creating an intimidating,hostile or offensive working environment. All incidents of sexual harassment must be reported immediately to the Weld County Personnel Department. 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. DRUG-FREE WORKPLACE In accordance with the DRUG-FREE WORKPLACE ACT of 1988, Weld County as a federal grant recipient is required to certify to the granting agency that it will ensure a drug-free workplace. Failure to comply with this requirement could result in suspension of the grant payments or termination of the grant payments or both. It is in the best interest of Weld County and its employees to provide for a safe, drug-free workplace. This requirement presents both a necessity and an opportunity to take immediate action to eliminate drug abuse from the workplace. To that end,the following policy is in effect. STATEMENT OF POLICY: (1) All employees are prohibited from being under the influence of alcohol or illegal drugs during working hours and/or while performing any duties for Weld County. (2) The use, sale, possession, transfer or purchase of illegal drugs on Weld County property, or during working hours and/or while performing any duties for Weld County is strictly prohibited, and will be subject to disciplinary action, up to and including termination. (3) No alcoholic beverage will be brought onto or consumed on Weld County premises,or consumed during working hours or while performing duties for Weld County. Possession or consumption of alcoholic beverages on Weld County premises,or consuming alcoholic beverages during working hours or while on duty for Weld County,will result in disciplinary action, up to and including termination. (4) No prescription drug will be brought onto Weld County premises by any person other than the one for whom it is prescribed. Such drugs will be used only in the manner, combination, and quantity prescribed. Employees who must use over the counter or prescription drugs that may cause adverse side effects or may affect their ability to perform work in a safe and productive manner must notify their supervisors prior to starting work. The supervisors, after inquiry, will decide if the employees may remain at work and what work restrictions, if any, are necessary. (5) For the purposes of these rules, an alcoholic beverage is any beverage that has an alcoholic content in excess of three percent(3%) by volume. (6) Drug means any substance other than alcohol capable of altering an individuals mood, perception, pain level, or judgement. A prescribed drug is any substance prescribed for individual consumption by a THIS REVISION: 118-A4O Page 13 ADOPTED:I 1 27 953,23.98 EFF. DATE:I2 16 954.6.98 licensed medical physician. An illegal drug is any drug or controlled substance,the sale, possession or consumption of which is illegal. If an employee is suspected of being in violation of this policy, the employee will be sent to the County designated drug testing facility for testing at County expense If the test result is positive,the employee will be placed on.Leave Without Pay status and will be.subiect to further disciplinary action up to and including dismissal for a first offense. The employee will not Ink allowed to return to work until a negative drug test result is provided. This test will be at the expense of the employee. Any employee found in violation of the above-stated policy will be subject to disciplinary action, up to and including dismissal for a first offense. Compliance with the above-stated policy is a condition of employment for all employees of Weld County. Further, any employee who is convicted under a criminal drug statute for a violation or who pleads guilty or nob contendere to such charges must notify the County within five(5)days of such conviction or plea. Failure to do so will result in disciplinary action, including termination from employment for a first offense. Employees convicted or who plead guilty or nob contendere to such drug-related violations are subject to termination and/or mandatory attendance and successful completion of a drug abuse assistance or similar program as a condition of continued employment. All fees for any program will be at the expense of the employee: SUSPENSION AND TERMINATION FOR CHARGE WITH CRIME In the event an employee is formally charged or indicted for the commission of a crime,the Department Head/Elected Official may suspend such employee, with or without pay, pending prosecution of the offense. If an employee is found guilty of any crime by a court or jury,the County shall immediately suspend such employee without pay until the employee's conviction shall become final and the employee has exhausted, or by failure to assert them, has waived all rights to a new trial and all rights of appeal. At the time such employee's conviction is final (post conviction and sentencing hearings),the employee may be terminated. A deferred judgment and sentence upon a plea of guilty or nob contendere shall be deemed to be a final conviction at the time the employee enters the plea and such plea is accepted by the Court. For the purposes of this section, "crime" shall be defined as a felony or class I or 2 misdemeanor as defined by state law, or a comparable federal or municipal crime or crime in some other state. The term "crime" does not include petty offenses. LICENSES In those positions requiring a driver's license,an employee may be suspended without pay upon knowledge by Weld County of an incident in which the license may be revoked or suspended. If the license is suspended or revoked for any period, upon administrative hearing or upon conviction of a traffic offense, or if the employee is determined by the Department Head or Elected Official to be unfit to operate the appropriate vehicle, the employee may be dismissed. THIS REVISION: 118-4,40 Page 14 ADOPTED:I 1 27 953-23-98 EFF. DATE 12 16 954.6-98 All Weld County Sheriffs deputies who are assigned to field operation duties must first be commissioned by the Weld County Sheriff,pursuant to the provisions of§ 30-10-510,CRS. Any deputy assigned to field operations duties and who is decommissioned for such work by the Weld County Sheriff has no right to continued employment as a Weld County Sheriffs Deputy. If an employee's job requires any license, certification or registration, the employee is responsible for obtaining it, keeping it valid, and presenting it to the County when requested. Should such required license, certification or registration expire or be revoked,the employee may be suspended without pay, or dismissed unless and/or until the license, certificate or registration is renewed or reinstated by law. If the employee's license or registration is not renewed or reinstated within a specific period of time, not to exceed ninety (90) days, the employee may be dismissed. DISCIPLINARY ACTIONS Disciplinary actions are to be corrective in nature and are intended to provide reasonable means for correcting performance. Disciplinary actions may include, but are not limited to warnings,reprimands, suspension without pay, special review period, demotion, and dismissal. For any disciplinary action,short of dismissal,which may result in a loss of pay or benefits,an employee,is entitled to a hearing with the Department Head, Elected Official, supervisor, or other designee who may impose the disciplinary action,at which no other person or representative shall be present. The employee will be informed of the incident that led to the hearing and will be afforded the opportunity to respond to the charges. After hearing and reviewing the employee's,response, the Department Head, Elected Official, supervisor,.or other designee will then administer the appropriate discipline. Documentation o€the hearing and of the disciplinary action will be forwarded to the Personnel Office. Weld County reserves the right to by-pass lesser disciplinary action and immediately dismiss an employee, if, in the sole opinion of the County,the employee's conduct,either by itself or considering the employee's prior performance, warrants dismissal or other discipline. Employees holding positions of higher levels of responsibility may be held to higher standards of performance and thus have more severe disciplinary actions imposed on them than those who hold positions of lower responsibility. Department Heads, Elected Officials or their appointees may impose disciplinary actions. However, Department Heads and Elected Officials are responsible for disciplinary action initiated by their appointees. At the time grievable disciplinary actions are taken against an employee,the Department Head/Elected Official shall make available to the employee a copy of the grievance section of this Handbook. DISMISSAL PROCEDURES No dismissal shall be made unless the employee is given a pre-dismissal hearing. These procedures apply to regular employees only. THIS REVISION: 1184.40 Page 15 ADOPTED.1I 27 953-23.98 EFF. DATE:12 16 9,4-6-98 The employee should receive written notification of the following: 1)the reason for the possible dismissal, and 2) the time, date, and place of the scheduled pre-dismissal hearing. The pre-dismissal hearing shall be scheduled the next working day after the employee receives the notification. The employee will be placed on administrative leave with pay until a determination of dismissal or retention is made. Attendance at the pre-dismissal hearing is limited to the Elected Official/Department Head,the immediate supervisor, the employee being considered for dismissal, the employee's legal counsel if desired, and a representative of the Personnel Department. If the employee is represented by legal counsel, the Elected Official/Department Head may also have legal representation. The employee shall have the right to make statements to the Elected Official/Department Head which may rebut the reasons stated in the pre-dismissal notification. This rebuttal may be presented orally or in writing. The pre-dismissal hearing shall not be a full evidentiary hearing. After receiving said rebuttal, and any other appropriate information, the Elected Official/Department Head shall, within one working day,render a determination as to whether the employee shall or shall not be dismissed or whether to extend the period of paid administrative leave in order to provide enough time to investigate the incident(s)so as to render an informed decision. If the Elected Official/Department Head decides to dismiss the employee, then notification will be provided to the employee under separate letter. The notification of dismissal shall include the reasons which the Elected Official/Department Head determines to justify dismissal. If the Elected Official/Department Head determines that the employee shall be retained, the Elected Official/Department Head may then elect to impose upon the employee any disciplinary measures short of dismissal. GRIEVING A DISMISSAL If the employee is dismissed pursuant to these procedures, he/she may exercise the right to grieve such dismissal without the necessity of complying with Steps I and 2 1,2,3 and 4 of the "Employee Grievances." EMPLOYEE GRIEVANCES An employee who feels that the policies set forth in this manual are not being properly applied, or has any disciplinary action taken against him/her that results in an immediate loss of pay may file a grievance. These actions include termination, demotion, and/or suspension resulting in loss in pay. NON-GRIEVABLE Employees cannot grieve a county policy that has been adopted by the Board of County Commissioners,even if they feel it is an unjust policy. The County's policies are addressed and adopted in public meetings in the form of a County Resolution or Ordinance. All employees are encouraged to attend public meetings, on their own time, that involve them as taxpayers and employees, in order to voice their opinions. THIS REVISION: 118-A4O Page 16 ADOPTED:I 127 953,23-98 EFF. DATE:12 16 954-6-98 Employees cannot grieve performance evaluations or written counseling forms. They can appeal these to their Elected Official or Department Head. 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. STEP 3: APPEAL TO THE DEPARTMENT HEAD/ELECTED OFFICIAL. If the employee is not satisfied with the supervisor's answer to the grievance,the employee may, within five calendar days of receiving the supervisor's answer,appeal the supervisor's answer to the Department Head or Elected Official. Such an appeal must be presented in writing. The writing shall state the nature of the grievance and explain the employee's position. Timeliness of appeal In all cases, failure to submit a written appeal to the Department Head or Elected Official within twenty calendar days of the incident which is the subject matter of the grievance shall constitute a stale grievance and waiver of grievance rights for the incident. Appeals directly to the Department Head/Elected Official In those instances when the discipline is being administered directly by the Department Head or Elected Official, the employee grievance procedure begins at Step 3. STEP 4: DEPARTMENT HEAD/ELECTED OFFICIAL RESPONSE TO THE APPEAL. The Department Head or Elected Official shall give a written answer to the grieving employee within five calendar days of the presentation of the grievance. STEP 5: FILING A FORMAL WRITTEN GRIEVANCE. If the 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 THIS REVISION: 118-MO Page 17 ADOPTED:11 27 953-23-98 EFF. DATE:12 16 954-6.98 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, and a 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. If the Personnel Director is administering the discipline, the Director of Finance and Administration will attempt reconciliation. STEP 7: SCHEDULING THE GRIEVANCE HEARING. If reconciliation is undertaken by the Weld County Personnel Director and it is not successful, the Personnel Director has fifteen calendar days from receipt of the written grievance to set a grievance hearing date and to notify the employee and Department Head or Elected Official of the hearing date. GRIEVANCE HEARINGS The Weld County Personnel Grievance Hearing Procedures are as follows: 1. PRESENCE AT HEARING. Presence of Employee Involved. Under no circumstances shall a hearing be conducted without the personal presence of the employee who requested 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 deemed to have waived his/her rights to a hearing. Persons in Attendance. The grievance hearing is not a public hearing. The Grievance Board, the grieving party, plus one representative, the responding Department Head or Elected Official, or other designated supervisor, plus one representative, a representative of the Personnel Department, the recorder, and any witnesses, while giving testimony, are the only persons allowed to be present at grievance hearings. The grieving employee 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 also be entitled to have an attorney representing him/her at the hearing. 2. COMPOSITION OF THE 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. THIS REVISION: 118-4.40 Page 18 ADOPTED:I 127 95323=98 EFF. DATE:I2 16 954.6-98 B. One County employee chosen by the by the Elected Official/Department Head that imposed the disciplinary action, but not from his/her office or department. C. A person with labor relations and/or legal background chosen by the Board of County Commissioners of Weld County. This person shall serve as the Chairperson of the Grievance Board. If either party fails to select a member to serve on the Grievance Board by the date designated by the Personnel Director,then the Personnel Director shall appoint a member. 3. POSTPONEMENTS AND EXTENSIONS Postponements of hearings and extensions of time of hearings 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 discretion of the Personnel Director. Postponements or extensions will not exceed two weeks, unless there are extraordinary circumstances. In the event an extension is granted at the request of a disciplined employee,he/she will not be eligible for back pay for the period of the extension should back pay be awarded. 4. PROCEDURE AND EVIDENCE The hearing shall be conducted informally and shall not be 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. The grievance hearing pursuant to these rules shall not be a hearing under the Administrative Procedures Act or an arbitration which may be subject to the rules of the American Arbitration Society. 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 party's main personnel file shall automatically become a part of the hearing record. E. In the event an employee is represented by an attorney, notice of such representation must be submitted to the Personnel Office at least five calendar days prior to the hearing so that the County Attorney or his/her designee may be prepared to represent the Department Head or Elected Official. If the employee cannot afford an attorney, the Grievance Board may, at its discretion, allow a person who is not an attorney to represent the employee. F. Any attorney who represents a grieving employee shall be paid by the employee. In no event shall Weld County, the Board of County Commissioners of Weld County, any Department Head/Elected Official, or any other employee be obligated to pay the grieving employee's THIS REVISION: 118-A40 Page 19 ADOPTED:11 27 953-23-98 EFF. DATE:12 16 954-6-98 attorney fees or any costs incurred by the employee in the course of the grievance hearing process. G. Any Weld County employee who is requested by either party to testify at the hearing must comply with the request. Failure to appear and testify upon request will subject the employee to disciplinary action. H. The Grievance Board Members shall not conduct their own pre-hearing investigations or talk with the Elected Official or Department Head or any other persons connected with the case about the facts of the case. Discussions, if any, prior to the hearing shall be limited to discussions with the Personnel Director as to procedural matters and the method of conduction the hearing. 5. BURDEN OF PROOF The grieving employee will have the burden of going forward to establish a prima facie case regarding his 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 a preponderance of 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 2d, Section 3:1(4). 6. RECORD OF HEARING A record of the hearing shall be kept by electronic recording unit. Either party may request the use of a court reporter instead of or in addition to the electronic recording unit. The requesting party shall pay for all costs associated with using the court reporter. 7. DECISION OF THE GRIEVANCE BOARD The Grievance Board 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 policies and procedures set forth in this Weld County Personnel Policies and Procedures Manual, Ordinance 118, as amended. The Grievance Board shall not fashion any binding remedy, but may suggest remedies to Department Heads/Elected Officials. A majority vote of the Grievance Board shall represent the official decision of the Grievance Board. Upon completion of the grievance process and within ten calendar days of the hearing's conclusion, a written report of the findings of fact and a decision of the Grievance Board will be prepared. A copy will be distributed to the grieving employee, the grieving employee's supervisor and Department Head/Elected Official, and Personnel. The Grievance Board's decision is final, unless timely appeal is made to the Board of County Commissioners as indicated below. 8. APPEALS THIS REVISION: 118-40 Page 20 ADOPTED II 27 953-23-98 EFF. DATE:1216954-6-98 Any party who seeks to modify the decision of 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 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. 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 Commissioners(BOCC)ffor review. The Beard BOCC may affirm the Grievance Board's decision, modify it in whole or in part, or remand the matter to the Grievance Board for further fact finding. A modification may only be made if, based upon the Grievance Board's findings of fact,the decision is clearly wrong or is in excess of his/her the Board's jurisdiction,authority, purposes, or limitations as defined by Ordinance No. 118, as amended, and the procedures outlined in the Weld County Administrative Manual. The Board may review the entire hearing record upon a majority vote of the Board of County Commissioners. Regardless of the above-stated grievance procedures, all employees are considered to be at-will employees and these procedures are not intended to create, nor are they to be considered to constitute, a contract between Weld County and any one or all of its employees. THIS REVISION: 118-640 Page 21 ADOPTED:I1 27 953.23-98 EFF. DATE:12 16 954-6-98 SECTION V REDUCTION IN FORCE,LAYOFF,ELIMINATION OF EMPLOYMENT-POSITIONS; RESIGNATION,RETIREMENT,ABANDONMENT OF-POSITION , AND REFERENCES TERMINATION OF EMPLOYMENT REDUCTION IN FORCE, LAYOFF, ELIMINATION OF EMPLOYMENT POSITION(S) The Board of County Commissioners of Weld County reserves the right to make reductions in force, layoffs, and/or eliminate employment position(s)at any time for any reason. Such reasons my include, but are not limited to, the following: workload changes,program changes,privatization,contracting out,policy decisions, funding reductions, departmental reorganizations, downsizing, and increased efficiency. The terms "reduction in force," "layoff," and "elimination of employment position(s)"are synonymous for the purposes of this section. The decision by the Board of County Commissioners, elected officials and all department heads retain the right to determine the structure and organization of the various departments of county government which, in the sole opinion of such officials,will create the greatest efficiency and highest level of service to citizens of Weld County. Such decisions include, but are not limited to,the hiring,retaining, promoting, reducing pay, and rehiring of employees who may have been impacted by decisions to reduce the force, layoff,and/or eliminate employment position(s). The decision(s) by such officials to hire, retain, promote, reduce pay, and/or rehire is not grievable. All decisions made pursuant to the provisions contained herein shall be in accordance with state and federal law. Each employee whose employment position has been eliminated shall receive notice of such action, in writing, from the Personnel Department or the Board of County Commissioners. The employee must receive the notice at least ten working days before the date of his or her release. RESIGNATION Employees are requested to notify their supervisor in writing as soon as possible of their intent to resign. As a matter of professional courtesy at least a two(2)week notice before date of resignation is a standard practice. If an employee wishes to retire, they must call the Personnel Department to schedule an appointment at least two weeks prior to their retirement date. All regular County employees who terminate their employment for any reason must return there ID card, keys, and employee handbooks. Final pay checks for terminating employees will be issued employees terminating during the payroll processing period after 4:34 p.m.of the first work day following he last day of work or after the employee's supervisor has notified the Personnel Department,whichever is later. However, employees terminating during the payroll processing period will have their paycheck for the current pay period direct THIS REVISION: 118-MO Page 22 ADOPTED:I l 27 953-23-98 EFF. DATE:12 16 9S4-6-98 deposited into their bank account. A check will be processed for sick and vacation time and for the time worked after the 16th the month. RETIREMENT An employee terminating employment from the County, for whatever reason, who is not vested in the retirement program,will have his/her contribution only to the County Retirement Plan returned plus interest. All refunds must be approved by the Weld County Retirement Board,the employee's contribution will not be returned any earlier than thirty-one(31)days after the last day of work or date of application for refund,whichever is later, nor any later than ninety(90)days from the last day of work or date of application for refund,whichever is later. PERA members must apply for their PERA refund via the State PERA Office. PERA refunds may take up to ninety (90) days from date of application for refund. Retirement funds will not be processed pending any grievance concerning dismissal. ABANDONMENT OF POSITION Failure to appear for work and failure to call in for three consecutive days without a reason acceptable to the County, may result in dismissal. REFERENCES The Weld County Personnel Department shouldwill be the only contact for job references. Any reference provided by an individual other than the Personnel Department will be considered a personal reference and the provider shall assume all liability for the information provided. No references on individuals are to be written on county letterhead unless they are approved by the Personnel Department. THIS REVISION: I18-A4O Page 23 II 127 953-23.98 EFF. DATE:12 16 954.6.98 SECTION VI TIME OFF LEAVE TIME VACATION LEAVE No annual leave is earned by temporary, part-time, seasonal, hourly paid employees or initial review employees during their first six months of their employment. DeperG„et.t Heads, Chief Deputies, and Elected Offic..13 designated by the IIome Rule Charter and the Board of County Commissioners do not aeerue paid vaeation.-During the first six (6) months, employees in the initial review period will not accrue vacation leave. Upon successful completion of their first six (6) months, employees will be awarded 8 h urs of r..e..t:e.. tint, in, ...Hi of this period.their accrued vacation. Successful completion means that the employee seared-a-meets or exceeds appraisal standards on the employee's six month, higher on their evaluation on the overall appraisal. Employees may schedule vacation leave after the successful completion of their first six(6)months. Vacations must be scheduled in advance with the employee's supervisor. Vacation shall not conflict with work requirements of the department. Scheduled vacations may be cancelled at any time for any reason by the Department Head/Elected Official. Annual vacation is earned on a monthly basis as of the 15th of each month according to length of County service as follows: Continuous Years of County Service Hours Earned Monthly Job Share Accrual .50 .75 Under 5 8.00 hours 4 6! Over 5, but under 10 10.00 hours 5 7.5 Over 10, but under 20 12.00 hours 6 9 Over 20 13.33 hours 6.5 10 Effective 7-16-97, Social Services employees have the following exceptions: Employees who have been with the department less than five(5)years and are accruing ten(10)hours of vacation will be grandfathered in until their years of service are equivalent to six(6)years. An employee cannot accumulate in excess of two times the annual vacation accrual. Accruals in excess of two(2) times the annual accerual at the end of the year will,be lost effective December 15(December 31, Social Services). When vVacation time is-used cannot be used in conjunction with a termination, the last day worked will be considered the termination date. Earned but unused vacation will be payable upon termination of employment. Official holidays occurring during vacation leave are counted as holidays, not as vacation. Illness and emergency closure days during vacation periods are counted as vacation days. Department Heads, Chief Deputies, and Elected Officials designated by the Home Rule Charter and the Board of County Comm issiones do not accrue paid vacation. THIS REVISION: 118-440 ADOPTED:II 27 953-23.98 Page 24 EFF. DATE:12 It 954.6.98 SICK LEAVE Sick leave is not a right. It is a privilege given to full t:... lgble employees to be used in the following circumstances: A. When an employee is unable to perform the job duties because of illness, injury, or any other medically disabling condition. B. When the employee has medical, surgical, dental or optical examinations or treatment; C. ', When.an employee who is required to care for an ill member of the immediate family may use accumulated sick leave up to 40 hours for any one illness or injury. All regular and job share employees are eligible for sick leave 30 days after employment. Sick leave is accrued at 8 hours per month from date of hire with no maximum accrual limit. Sick Accrual Regular Employee 8 Job Share.75 6 Joh Share.50 4 For employees hired prior to January 1, 1985, accumulated sick leave is payable upon termination at one-half the hours of accumulated unused sick leave,not to exceed one month's salary. Employees hired after January 1, 1985 will not be paid for accumulated sick leave upon termination of employment. Employees are to report their absence(s)daily directly to their supervisor within one hour of the employee's regular starting time. Failure to report may be considered cause for denial of paid sick leave for the period of absence unless the employee furnishes an acceptable explanation. Not calling in and obtaining an approved absence for three days is considered abandonment of job and may result in termination. An employee may be required to provide a medical doctor's verification of illness or fitness for duty at any time. Abuse of sick leave or excessive absenteeism may result in the loss of the privilege to earn sick leave or in other disciplinary actions, including termination. All regular full-time employees are authorized five sick leave occurrences per calendar year. A sick leave occurrence is defined as a minimum of one sick leave day, or a number of consecutive sick leave days taken at any one time, or a combination of hours equaling one sick day. Employees who exceed the five occurrences are subject to disciplinary action, including,but not limited to,the revocation of all sick leave privileges as set forth in this section, suspension, leave without pay, and/or termination. "Advanced" sick leave is not permitted. Employees may not carry negative sick hours. Under no circumstances may sick leave be used for more than 6 months consecutively. This is so coordination may happen with Weld County's long term disability program. THIS REVISION: 1184.40 ADOPTED:1127 953-23-98 Page 25 EFF. DATE:I2 I6-451.6.98 SICK LEAVE BANK In order to provide a no cost, short term disability program for employees the County has established a Sick Leave Bank Program. This program is voluntary and the benefits are to go solely to members of the Sick Leave Bank. The Sick Leave Bank is based on a donation of f.t1r(4)hours of the individual's sick leave, per member, per year. (Regular Employee!=4;Job Share .75=3;Job Share.$ =2) Employees who do not contribute to the Bank cannot use sick leave bank hours. Admission to Bank participation for new members shall be allowed after the employee's one year anniversary. Only regular, full time employees and job share employees are eligible for the Sick Leave Bank. Approval of a Sick Leave Bank Request is not guaranteed by the Department Head, Elected Official or Sick Leave Bank Governing Board. A. Each year four(1) hours of the employee's individual sick leave, will be deducted and credited to the BankFEach month',a pro-rated donation of hours of the employee's individual sick leave will be decudted and credited to the Bank. (Reguar=.66;Job Share .75=.5 Job Share .50= .33) B. Sick leave days in the Bank are carried over from year to year. An additional contribution is required ;..Ja.l..ary of each month of succeeding years while a member of the Bank. Hours donated to the Sick Leave Bank are not refundable. C. The Bank is administered by the Sick Leave Bank Governing Board. The Board is composed of seven (7)five(5) voting members. These include: the Personnel Director,the Weld County I Icalth Director anti five (5) employees elected by the participants in the Bank and one (1) non-voting representative from Payroll. The following conditions govern the granting of sick leave days from the Bank: 1. Application forms are available through Personnel.Applications for benefits from the Bank are made in writing to the Sick Leave Bank Board via the Personnel Department. 2. If a member is unable to make application for himself, the application may be filled out by a family member or other representative. 3. A medical doctor's statement specifying the nature of illness,the dates and medical service to the member,and the date of the patient's expected release for return to work will be presented with the application. If this information is not included,the application may not be considered. 4. The applicant must submit the request form to his Department Head/Elected Official prior to consideration by the Sick Leave Bank Board. 5. The Sick Leave Bank Board will consider the application at a meeting called by the Board's Chairperson. 6. The Department Head/Elected Official may attend the Sick Leave Bank meeting with, or for, that individual to discuss any problems related to the request. No other person may attend the Sick Leave Bank Board meeting. The Sick Leave Bank will consider the request and make a decision based on a majority vote. THIS REVISION: 118-40 ADOPTED:I 1 27 953.23.98 Page 26 EFF. DATE:12 16 951-6-98 7. Bank hours will not be granted until a member has used all of his/her individual sick leave days, vacation days, and any compensation time accumulated. 8. If the request is granted, the Sick Leave Bank days will not begin until after thirty days have expired. This thirty day elimination period begins on the first day of leave, whether it is paid or not. If the employee returns to work during the thirty day elimination period,the Sick Leave Bank request shall expire. 9. Not more than five (5)months shall be granted to one member in a twelve-month period. An employee may not have more than six months of combined, consecutive paid and/or unpaid leave. 10. Upon approval by the Sick Leave Bank Board, the Sick Bank Member will receive 66% of current hourly compensation based on number of hours of sick bank time during the pay period. 11. The Sick Leave Bank Board cannot approve sick leave days to be granted to members in an amount that exceeds the number of sick leave days accumulated in the Bank. If the need exists, the Board has the option to assess a contribution of four(4)additional hours from members to the Bank. Contributions of sick leave in excess of the amount stated herein cannot be accepted by the Bank. 12. Sick leave may be granted ONLY in cases of personal physical illness or injuries. This excludes use of the Bank for illness of family members. Other exclusions include but may not be limited to: a. elective or cosmetic surgery b. loss resulting from war c. committing or attempting to commit an assault or a felony d. occupational injuries or sicknesses e. willful self injury f. injury from outside employment g. active participation in a riot h. any other reason that the Sick Leave Bank Board finds to deny the r e q uest 13. If the leave is denied by the Sick Leave Bank Board, the Board will notify the applicant in writing, stating the reason(s) for the denial. 14. Any unused sick leave granted by the Board shall be returned to the Bank. D. Upon termination from the County, a Bank member will no longer be eligible to draw sick leave time from the Bank. E. The Sick Leave Board shall report the status of the Bank to the participants at the beginning of each calendar year. A quarterly report is made to the Board of County Commissioners. THIS REVISION: 118440 ADOPTED:I 127 953-23-98 Page 27 EFF. DATE:I2 16 954-6-98 F. The Sick Leave Bank Board assumes the full responsibility for the control of the Bank,and all decisions of the Board are final and not grievable pursuant to the grievance procedures found in this Handbook. G. The Sick Leave Bank Program may be terminated at any time by the Board of County Commissioners for any reason by resolution. If the program is terminated, any hours remaining in the Bank shall be divided on a pro rata basis among the members at that time. H. The Sick Leave Bank is separate and distinct from the Medical Leave of Absence as mentioned in other sections of this Handbook. Medical Leave of Absence may not be approved at the conclusion of Sick Leave Bank. I. There shall be no sick or vacation accrual by an employee while on Sick Leave Bank time. SHORT TERM DISABILITY INSURANCE Employees who are not eligible for the Sick Leave Bank,e.g. less than I year of employment,or those who do not wish to join the Bank can purchase short term disability insurance provided as a group policy by the County. The employee pays the total premium for this insurance. An employee may not participate in both Sick Leave I3ank and Short Term Disability plans at the same time. UNPAID FAMILY AND MEDICAL LEAVE POLICY A. General Provisions It is the policy of Weld County to grant up to 12 weeks of family and medical leave during any 12 month period to eligible employees, in accordance with the Family and Medical Leave Act of 1993 (FMLA). The leave may be paid, unpaid, or a combination of paid and unpaid, depending on the circumstances and as specified in this policy. B. Eligibility In order to qualify to take family and medical leave under this policy,the employee must meet all of the following conditions: 1. The employee must have worked for the county at least 12 months, or 52 weeks. The 12 months, or 52 weeks, need not have been consecutive. For eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave during the week. 2. The employee must have worked at least 1,250 hours during the 12 month period immediately before the date when the leave would begin. C. Type of Leave Covered THIS REVISION: 118-MO ADOPTED:II 27 953-23.98 Page 28 EFF. DATE 12 16 954-6-98 In order to qualify as FMLA leave under this policy,the employee must be taking the leave for one of the reasons listed below: 1. The birth of a child and in order to care for that child; 2. The placement of a child for adoption or foster care; 3. To care for a spouse, child, or parent with a serious health condition; or 4. The serious health condition of the employee which makes the employee unable to perform the functions of the employee's position. A "serious health condition" is defined as an illness, injury, impairment, or physical or mental condition which requires inpatient care at a hospital, hospice, or residential medical care facility, or a condition which requires continuing care by a licensed health care provider. This policy covers illnesses of a serious and long-term nature,resulting in recurring or lengthy absences. Generally, a chronic or long-term health condition which, if left untreated, would result in a period of incapacity of more than three days would be considered a serious health condition. Employees with questions about what illnesses are covered under this FMLA policy or under the county's sick leave policy may call the Personnel Department. The county may require an employee to provide a doctor's certification of the serious health condition. The certification process is outlined in Section H. An eligible employee can take up to 12 weeks of leave under this policy during any 12-month period. If husband and wife both work for the county and each wishes to take leave for the birth of a child, adoption, or placement of a child in foster care, or to care for a parent(but not a parent "in-law")with a serious health condition, the husband and wife may only take a total of 12 weeks of leave. D. Employee Status and Benefits During Leave While an employee is on leave,the county will continue the employee's health benefits during the leave period at the same level and under the same conditions as if the employee had continued to work. If the employee chooses not to return to work for reasons other than a continued serious health condition, the county will require the employee to reimburse the county the amount it paid for the employee's health insurance premium during the leave period. Under current county policy, the employee pays a portion of the health care premium. While on paid leave, the employer will continue to make payroll deductions to collect the employee's share of the premium. While on unpaid leave,the employee must continue to make this payment, either in person or by mail. The payment must be received in the Accounting Department by the end of each month. THIS REVISION: 118,40 ADOPTED:1 127 953-23-98 Page 29 EFF. DATE:I2 16 954-6-98 If the payment is more that 30 days late, the employee's health care coverage may be dropped for the duration of the leave. If the employee contributes to a life insurance plan, the employer will continue making payroll deductions while the employee is on paid leave. While the employee is on unpaid leave, the employee must continue to make those payments, along with the health care payments. If the employee does not continue these payments,the county may discontinue coverage during the leave period or will recover the payments at the end of the leave period in a manner consistent with the law. E. Employee Status After Leave An employee who takes leave under this policy will be able to return to the same job or a job with equivalent status, pay, benefits, and other employment terms. The position will be the same or one which entails substantially equivalent skill, effort, responsibility, and authority. The county may choose to exempt certain highly compensated employees from the requirement and not return them to the same or similar position. F. Use of Paid and Unpaid Leave If the employee has accrued paid leave,the employee must use paid leave first and take the remainder of the 12 weeks as unpaid leave. An employee who is taking leave because of the employee's own serious health condition or the serious health condition of a family member must use all paid vacation,personal,and qualifying sick leave prior to being eligible for unpaid leave. Under the county's sick leave policy,the limit of paid sick leave to care for a family member is 40 hours for any one illness or injury. An employee taking leave for the birth of a child must use paid sick leave for physical recovery following child birth. The employee must then use all paid vacation and personal leave and then will be eligible for unpaid leave for the remainder of the 12 weeks. An employee who is taking leave for the adoption or foster care of a child must use all paid vacation and personal leave prior to being eligible for unpaid family leave. LeeaeCare leave for adoption, birth or foster care expires twelve(12) months from the date of the birth or placement. G. Intermittent Leave or a Reduced Work Schedule The employee may take FMLA leave in 12 consecutive weeks, may use the leave intermittently(take a day periodically when needed over the year), or under certain circumstances may use the leave to reduce the work week or work day,resulting in a reduced hour schedule. In all cases,the leave may not exceed a total of 12 weeks over a 12 month period. For the birth, adoption,or foster care of a child,the county and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced hour schedule. Leave THIS REVISION: 118-MO Page 30 ADOPTED:11 27 953-23.98 g EFF. DATE:12 16 954-6.98 for birth, adoption, or foster care of a child must be taken within one year of the birth or placement of the child. If the employee is taking leave for a serious health condition or because of the serious health condition of a family member,the employee must reach agreement with the county before taking intermittent leave or working a reduced hour schedule. If this is not possible, then the employee must prove that the use of the leave is medically necessary. The county may require certification of the medical necessity, as discussed in Section H. H. Certification of the Serious Health Condition. The county may ask for certification of the serious health condition. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Certification of the serious health condition shall include the date when the condition began, its expected duration, diagnosis, and a brief statement of treatment. For medical leave for the employee's own medical condition,the certification must also include a statement that the employee is unable to perform the essential functions of the employee's position. For a seriously ill family member,the certification must include a statement that the patient requires assistance and that the employee's presence would be beneficial or desirable. If the employee plans to take intermittent leave or work a reduced schedule,the certification must also include dates and the duration of treatment and a statement of medical necessity for taking intermittent leave or working a reduced schedule. The county has the right to ask for a second opinion. The county will pay for the employee to get a certification from a second doctor,which the county will select. If necessary to resolve a conflict between the original certification and the second opinion,the county will require the opinion of a third doctor. The county and the employee will jointly select the third doctor, and the county will pay for the opinion. This third opinion will be considered final. Procedure for Requesting Leave Except where leave is not foreseeable,all employees requesting leave under this policy must submit the request in writing to their immediate supervisor. The supervisor will forward a copy to the Personnel Department. When an employee plans to take leave under this policy, the employee must give the county 30 days notice. If it is not possible to give 30 days notice, the employee must give as much notice as is practicable. An employee undergoing planned medical treatment is required to make a reasonable effort to schedule the treatment to minimize disruptions to the county's operations. If an employee fails to provide 30 days notice for foreseeable leave with no reasonable excuse for the delay,the leave request may be denied until at least 30 days from the date the employer receives notice. THIS REVISION: 1184.40 PaPage 31 ADOPTED:I 1 27 953-23-98 g EFF. DATE:12 16 954.6-98 While on leave,employees are requested to report periodically to the county regarding the status of the medical condition and their intent to return to work. PERSONAL LEAVE TIME Personal leave is a privilege granted to regular employees. Employees in their initial review period are not eligible. Each year, with supervisory approval, a regular employee may convert 16(Job Share .75= 12;Job Share .50=8) hours of sick leave into 16(Job Share .75 = 12;Job Share .50= 8)personal leave hours. Personal leave time may not be carried over from year to year. The method of scheduling and the timing of personal leave time is at the discretion of the Elected Official or Department Head. Because of the payroll system, personal leave days must be used by December 15 (December 31, Social Services)of the same year during which they are granted. HOLIDAYS All regular and job share employees .:orkiag 32 hours of...en. N. week will receive paid holidays. Dates will be established annually and will be published by resolution of the Board of County Commissioners. 1.New Years Day 6. Colorado Day(floating) 2. Martin Luther King Day(floating) 7. Labor Day 3. President's Day 8. Columbus Day(floating) 4. Memorial Day 9. Veteran's Day 5. Fourth of July 10. Thanksgiving Day 1 1. Christmas Day A holiday is considered eight(8)(Job Share.75=6;Job Share .50=4)hours and may or may not correspond with the assigned work shift. To be eligible for holiday pay,an employee must be on paid status the workday before and the workday after the holiday. Employees working on an official holiday shall receive a day off in lieu of the official holiday. No employee assigned to shift work shall receive a greater or a lesser number of holidays in any calendar year than employees regularly assigned to work during the normal work week. A day proclaimed a day of national/state mourning or celebration shall be treated the same as a holiday described above. FUNERALBEREAVEMENT LEAVE Leave of absence with pay because of death in the immediate family may be granted to regular employees by the Department Head/Elected Official for a period not to exceed three days. Entitlement to leave of absence under this section shall be in addition to any other leave. For purposes of this section "immediate family" means mother, stepmother, father, stepfather, spouse, son,stepson, daughter, stepdaughter, brother,sister, mother-in-law, father-in- law,son or daughter-in-law,grandparents, spouse's'grandparents,grandchild,foster parent, foster child, or guardian. LEAVE OF ABSENCE WITHOUT PAY THIS REVISION: 118-#10 ADOPTED:II 27 953-23-98 Page 32 EFF. DATE92 16 954-6-98 With the exception of a leave of absence for political candidacy, in accordance with Section 4-2 of the Weld County Home Rule Charter, 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. JURY DUTY/WITNESS Employees who are "regularly employed",as defined by Section 13-71-126, C. R. S., and who are required to serve as a witness in cases involving Weld county Government or juror during scheduled work time are entitled to paid leave not to exceed three weeks. Employees who actually serve on juries shall pay over to Weld County all amounts received front for the jury service. In order to be granted leave for jury duty the employee must submit a copy of the SUMMONS and all forms furnished by the clerk of the court relative to the time of service. Mileage allowances can be retained by the employee. CLOSURE OF COUNTY OPERATIONS In the event the County closes operations for facilities due to inclement weather or other emergencies, regular employees scheduled to work will be paid. Employees required to work during such closure due to County needs shall not be paid any additional salary, compensation, or compensatory time off. An employee already on leave of any type on a closure day shall be charged for that leave day as if County operations were normal. An employee unable to be in attendance due to inclement weather or other emergencies when County operations and facilities are open shall be charged appropriate leave. PROFESSIONAL LEAVE Upon approval of the Department Head/Elected Official, a regular employee may be granted professional leave to attend professional and technical conferences, meetings, and training that pertain to an employee's current or expected duties. No more than the actual time needed, plus travel time,will be granted under professional leave. Professional leave must be arranged in advance with the employee's supervisor. MILITARY LEAVE OF ABSENCE THIS REVISION: 118-MO ADOPTED.I1 27 953-23.98 Page 33 EFF. DATE:1-6-98 Any elected official, department head, or employee who is a member of the National Guard or reserve forces is entitled to receive up to 15 days per calendar year military leave of absence ("military leave"). Military leave is granted without loss of pay, seniority,status,performance rating,vacation, sick leave,or other benefits for all of the time the individual is engaged in training or service as ordered by an appropriate military authority. Upon returning to work the elected official, department head, or employee shall pay to Weld County all wages received from the national guard or reserve forces for the time spent performing required military training or service, exclusive of any travel allowance. The individual has the option of keeping his military pay in lieu of receiving his regular pay from Weld County for the time during which he was engaged in the military training or service. If an elected official's,department head's, or employee's military status changes from reserve to active in time of war or other emergency as declared by proper military authority(extending beyond the 15 days per calendar year),the individual shall be entitled to leave without pay until reinstated following the active service time. Copies of military orders shall be submitted to the individual's supervisor and the Weld County Personnel Department at least two weeks prior to the beginning of military leave. For more detailed information regarding military leave, contact the Weld County Personnel Department Weld County comkplies with all sections of Title 38,U.S.Code,Chapter 43,Veteran Reemployment Rights. DEPARTMENT HEAD LEAVE Department Heads do not accrue sick and vacation leave. Department Heads will schedule vacation leave with their supervisors. Department Heads may use up to six months of leave for an illness prior to commencement of long-term disability. Any extension over the six months must be approved by the Board of County Commissioners. THIS REVISION: 118-MO ADOPTED:I 127 953.23.98 Page 34 EFF. DATE:1-2-1-6454-6-98 SECTION VII IIOURS OF WORK, SIIIFTS, SCHEDULES,OVERTIME,AND REST PERIODS FAIR LABOR STANDARDS ACT(FLSA) WORK WEEK AND WORK DAY All regular county employees will normally be scheduled to work a 40 hour week. Proper scheduling may require employees to work more(or less)than 8 hours in one day in order for a department to be more cost effective and to better serve the public. Normal hours are 8:00 a.m.to 5:00 p.m., Monday through Friday; however,the hours may vary depending upon department needs. The normal work week begins at 0001 hours Sunday and runs through 2400 hours on Saturday. Departments have the option of establishing their own work week to fit their needs. This information will be provided to the Personnel Department and Accounting Department. County employees are to report to assigned work sites in order to begin work at designated starting times. FLSA All Weld County employees will be classified in accordance with the Fair Labor Standards Act as exempt or non- exempt from the overtime provisions of the Act. Consult the Personnel Department regarding the FLSA status of employees. Each Department Head/Elected Official shall prepare a schedule designating the hours each employee in his department shall work as well as the established work week for the department. Work by an employee at times other than those scheduled shall be approved in advance by the Department Head/Elected Official or, in cases of unforeseen emergency, shall be approved by the Department Head/Elected Official after the emergency work is performed. COMPENSATION FOR OVERTIME With the exception of the Weld County Sheriffs Office and Ambulance Services Department non-administration employees, all non-exempt employees who work more than 40 hours in their established work week will be compensated at one and one-half times their regular rate. Sheriffs Department and Ambulance Services non-exempt employees are covered under public safety employee criteria exemptions of the FLSA which are contained in departmental supplements. A. All overtime will be approved by the Department Head/Elected Official in advance,except in emergency situations. B. All non-exempt employees are required to complete a time accounting sheet for each pay period. Pay cycles may vary but county pay periods will remain the 16th of the month through the 15th of the next month, payable on the last working day of the month. FLSA Time Sheets will be submitted to the Personnel Department for review prior to being submitted to accounting for filing. The FLSA Time Sheet is not a pay document. The FLSA Time Sheets, submitted to the Accounting Department,will be retained for a three year period. THIS REVISION: 1184.40 ADOPTED:11 27 953.23.98 Page 35 EFF. DATE:I2 16 954-6-98 C. No compensatory time may be given in lieu of pay unless an individual agreement is signed between the employee and the department head and approved by the Personnel Department and the Board of County Commissioners before time is worked. D. Salaried/Exempt Employees. Salaried exempt receive a salary to compensate them for the performance of all their duties and time worked. These employees, as classified in accordance with the Fair Labor Standards Act, do not receive overtime. E. Non-Exempt Employees. All non-exempt employees, except public safety employees as classified in accordance with the Federal Fair Labor Standards Act(FLSA),accrue overtime at the rate of 1 1/2 times for all time worked over 40 hours in a normal work week. Non-exempt employees will be paid earned overtime based upon the final hours for the current pay period as shown on the FLSA Time sheet. TIME WORKED All time worked for non-exempt employees will be recorded and paid in accordance with the Fair Labor Standards Act. Questions regarding work time and the Fair Labor Standards Act should be addressed to the Personnel Department. Any paid time not actually worked will not be counted as time worked for overtime compensation purposes, e.g., sick, vacation, holidays, personal leave days, etc. MEAL HOURS Employees working an 8 hour day may receive, as scheduled by the Department Head/Elected Official, 30 to 60 minutes for a meal. Time of day may vary based on shift schedules and as supplemented by departments. Meal time not taken may not be accumulated or used at the beginning or end of the day. Any break of 30 minutes or more duration shall not count towards time worked. BREAKS At the supervisor's discretion,employees working 4 consecutive hours may be granted one 15 minute break if it does not disrupt work flow. Breaks not taken may not be accumulated or used at the beginning or end of the day or in conjunction with meal hours. COMPENSATION TIME OFF Comp time off in lieu of overtime may be given only if there is an individual agreement signed by the employee to do so. THIS REVISION: 118-4.40 ADOPTED:',-1x 953-23*98 Page 36 EFF. DATE:12 16 954-6-98 SECTION IX HEALTH AND SAFETY GENERAL Employees are required to comply with all safety rules and regulations. Failure to do so will result in disciplinary action and could result in a reduction in worker's compensation benefits if an accident resulted from failure to comply with the safety rules. If an employee has any questions concerning a department's requirements,the employee should contact the supervisor. Copies of the County safety manual are available in each department. REPORTING OF INJURIES If an employee is injured, even slightly, or suspects he/she has been injured,the employee must report this fact to his/her immediate supervisor at once. The supervisor will see that the employee gets first aid or, in case of a more serious injury, medical attention. To be eligible for worker's compensation benefits, an employee must be examined and treated initially by the established Weld County Worker's Compensation primary medical care facilities. An injured employee should inform the provider that the billing for the treatment should be submitted to Weld County Worker's Compensation Fund. The supervisor will complete an Accident Investigation Report and the injured employee will be required to sign it. The Employer's First Report of Accident Form must be submitted to the Personnel Department within 24 hours of the accident. The Supervisor's Accident Investigation Report must be submitted to the Personnel Department within 48 hours. The employee must also fill out and turn into their supervisor the Written Notice of Injury Form within forty-eight(48)hours of the injury. There are three reasons for these regulations: A. Employees seeking medical attention for job-incurred injuries,from doctors,other than those authorized by the County, may have to assume the cost of such treatment. B. Immediate treatment may prevent complications from developing, such as infection. C. Prompt reporting of the accident which produced the injury will enable the supervisor to make a timely investigation. This investigation might reveal a hazardous condition or work practice which, if not corrected, could lead to a more serious injury. 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 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. THIS REVISION: 118-640 II 127 953.23-98 Page 37 EFF. DATE:I2 16 954.6.98 During any Worker's Compensation leave,a full time employee does not accumulate sick or vacation leave. While an employee is on Worker's Compensation leave,with the exception of the first twenty-four hours,the employee may not use sick or vacation time. COMMUNICABLE DISEASE POLICY 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 riot 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 transmitted by sneezing,coughing, using the same utensils and equipment,or by merely being close to an infected person. The nonsexual person-to-person contact that occurs among co-workers and the public in the workplace does not pose a risk for transmission of HIV. It is the intent of Weld County to employ universal precautions for exposures, meaning that all human blood and certain body fluids are considered potentially infectious. All departments must report any possible exposure to the Personnel Department using the procedures outlined elsewhere for Workers Compensation reporting. In addition, telephone the Personnel Department on possible exposures immediately so instructions can be given on medical procedures to follow. Provisions for Rights of Privacy and Confidentiality. All medical information gained by the County about the health status of an employee, including the identity of an employee affected by a communicable disease, shall be confidential. Medical information obtained by the Public Health Officer shall be used according to Public Health Statutes. Employee Refusals to Work with Affected Co-workers or the Public. 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 conditions of co-workers or the public. In cases involving a communicable disease, determination of safety in the workplace will be made based on reasonable medical judgements given the state of medical knowledge about the transmissibility and 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. THIS REVISION: 1184.40 II 127 953-23-98 Page 38 EFF. DATE:I2 16 954-6-98 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 droplets (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. A. Employee Responsibilities An employee with a serious, easily transmissible disease such as active TB has the responsibility to remove 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 Personnel Policies Handbook.) If the chance exists that co-workers or members of the public have been exposed to the infection in the workplace, the employee has the responsibility to let his/her supervisor or Department Head or Elected Official know about the situation. B. Supervisor Responsibilities Supervisors should keep the identity of an affected employee confidential. The supervisor shall report information about the exposure to his/her Department Head or Elected Official. C. Department Head and Elected Official Responsibilities A Department Head or Elected Official who is told of the presence of an affected employee in his/her department should not reveal the identity of an affected employee to any County employee or other individual. The Department Head or Elected Official may tell the Public Health Officer so appropriate contact follow-up can be started. Communicable Diseases Not Readily Transmissible in the Workplace. Serious or life-threatening illnesses that are caused by bloodborne or sexually transmitted infectious agents are not readily transmissible through interaction in the workplace. These conditions, including AIDS, are transmitted by blood contamination from the bloodstream of one person to the bloodstream of another and 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. THIS REVISION: 118-MO ADOPTED:44-47 953r-23-98 Page 39 EFF. DATE:12 16 954.6-98 C. Department Heads and Elected Officials Responsibilities Department Heads or Elected Officials who find out about such a condition by voluntary disclosure, disclosure from a supervisor,or suspect the presence of such a condition shall not reveal the identity or presence of an affected employee,even anonymously,to any Weld County employee or other individual, except: I. Department Heads and Elected Officials may contact the Public Health Officer to gather information about specific concerns or educational need in their departments and information on support services or referrals. The Department Head or Elected Official will not reveal the identity of the employee to the Public Health Officer. 2. Department Heads and Elected Officials may consult the Personnel Department, only with the consent of the affected employee, to gather information about personnel decisions. The Department Head or Elected Official will not reveal the identity of the affected employee to the Personnel Department unless the employee specifically consents to such identification. Disabling Effects of a Communicable Disease. When a communicable disease affects the health of an employee to the point where his/her job performance suffers, personnel decisions will be made on the same basis as they would when other serious health problems(for example, cancer)come to the attention of the supervisor, Department Head, or Elected Official. 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 department must have comprehensive plans specific to their departments on file in the Personnel Department: the Health Department,the Ambulance Department,the Sheriffs 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 Plan Documentation engineering and workplace controls appropriate personal protective,including its use,accessibility,and maintenance THIS REVISION: 118-40 ADOPTED:I 127 953.23.98 Page 40 EFF, DATE:12 16 954-6-98 procedures for a clean and sanitary worksite including decontamination of equipment, handling of regulated waste, and handling of contaminated laundry procedure for providing hepatitis B vaccination procedure for post-exposure evaluation and follow-up including Workers Compensation reporting and employee testing procedure for record keeping procedures for training new and current employees including recordkeeping,trainer qualifications, and content signs and labels to communicate hazards Plans should be updated at least annually and whenever necessary to reflect new or modified tasks with occupational exposure. MEDICAL EXAMINATIONS Medical qualifications are realistic physical standards to assure that an employee is physically able to perform the duties to the standards set by Weld County. All employees must meet the medical standards for their specific position. Applicants for a position may be required to take an initial employment medical exam. An employee may be required to take a medical exam as a condition of continued employment if, in the judgment of the Department Head/Elected Official, the employee's health appears to be adversely impacting job performance, or the assigned duties could be detrimental to the health of the employee,or if the medical exam is required by state or federal law. The Personnel Department will schedule the medical examination as soon as possible once requested by the Department Head/Elected Official. An employee may be placed on administrative paid leave pending the medical examination results. All employee medical examinations requested by Weld County will be paid for by Weld County. Weld County will receive the results of the medical examination and will furnish the employee a copy upon request. RECREATIONAL ACTIVITIES Weld County does not sponsor any adult recreational teams or activities. Any sports injuries incurred by County employees are considered outside assigned County duties. Therefore, they are not covered by Workers Compensation as job related injuries. THIS REVISION: 118440 ADOPTED:I 127 953-23-98 Page 41 EFF. DATE:12 16 954-6-98 SECTION X EDUCATION AND TRAINING TUITION ASSISTANCE Weld County will reimburse an employee for some tuition expenses job related courses that have been approved in advance. This does not include fees, books, or charges for"testing out"of a class. There is a limit to the amount you can be reimbursed each quarter or semester. Contact Personnel for the current limit. Funds for this program are limited to the amount budgeted each year by the Board of County Commissioners. Therefore, requests will be considered with priority given to the earliest date received by the Personnel Department. Requests must be approved in advance to commit funds for an employee. For an employee to receive such reimbursement,the following conditions must be met: I. Must have successfully completed the first six months of the employee's initial review period. 2. Must have an approved Tuition Assistance Request form prior to enrollment. (Forms are available in Personnel Department). 3. Termination of employment will cause the employee to forfeit his rights to this assistance. 4. Books, supplies, and miscellaneous fees are not covered. 5. Employee must complete the course successfully,or if letter grades are given,with a"C" grade or better. To receive payment,an employee must present the Personnel Department with a cancelled check or a receipt showing the amount of tuition paid,a grade slip proving successful completion,and a copy of the approved Tuition Assistance Request form. Should the class attended by the employee be scheduled during normal work hours, it will be at the discretion of the Department Head/Elected Official whether time off from work,with pay, is allowed. In all cases any time taken off by the employee must be made up weekly or be charged as unpaid leave. SEMINARS AND CONFERENCES If an employee is requested by the County to attend a workshop, seminar, conference or other educational training program,the employee will be reimbursed for the entire cost which includes registration fees, lodging, meals, and transportation. Claims for reimbursement should be made in accordance with the policies outlined in the Accounting Section of the Administrative Manual. Compensatory time while attending or traveling to a workshop, seminar, conference, or other educational training program will be paid according to Federal regulations. In the event a department has insufficient budgeted dollars THIS REVISION: 118-MO ADOPTED:I 127 953-23-98 Page 42 EFF. DATE:I2 16 954.6.98 for certain seminars or conferences,the employee and department may negotiate a sharing of the cost of the seminar or conference if agreeable to both the employee and Department Head/Elected Official. THIS REVISION: 118-A4O ADOPTED 1 127 953-23-98 Page 43 EFF. DATE:12 16 954-6-98 SECTION XI MISCELLANEOUS POLICIES CONFIDENTIAL INFORMATION Because of the nature of County business,employees may have access to information of a confidential nature. This information should not be discussed except with authorized personnel. If any situation arises concerning confidential information in which an employee has a question, the employee should discuss it with his supervisor immediately. Misuse or disclosure of confidential information obtained in the course of County employment could result in personal legal liability and disciplinary action, including dismissal. Documents and copies, generated in the course of County employment are the exclusive property of Weld County and are not to be used for personal use or retained in the possession of an employee. PRIVATE USE OF PERSONAL PROPERTY OR COMPUTER SOFTWARE OWNED OR LEASED BY WELD COUNTY All personal property and computer software owned or leased by Weld County is to be used for job-related purposes only. "Personal property" includes, but is not limited to, motor vehicles, computers, telephones, copiers, and facsimile machines. Employees who privately use personal property or computer software owned or leased by Weld County are subject to disciplinary action, up to and including discharge. To ensure that the use of personal property owned or leased by Weld County is consistent with this policy, authorized representatives of Weld County may monitor the use from time to time. All communications and information transmitted by, received by, or sorted in electronic and/or telephonic communications systems owned or leased by Weld County are the property of Weld County. Employees do not have a right to privacy in such communications and information. RI,FCTRONIC MAIL(E-MAIL) Electronic Mail ("e-mail") is defined as any message that is transmitted electronically between two or more computers or terminals,whether stored digitally or converted to hard(paper)copy. Under part 2 of article 72 of title 24,C.R.S,e-mail messages are considered public records and may be subject to public inspection,pursuant to 24-72- 203,C.R.S. All computer-related information,including e-mail messages, are the property of Weld County and are considered the County's records. As with any county property or equipment,e-mail should be used for official county business only. Incidental and occasional personal use of e-mail is permitted. However,strictly forbidden e-mail usage includes use for personal profit or gain;transmission of political messages; solicitation of funds for political or other purposes; or sending of harassing messages. Because e-mail is county property,the County has the right to inspect and review any e-mail or other data stored on county computers/equipment. SCT staff is responsible for monitoring electronic mail through regular THIS REVISION: 118-MO ADOPTED:41 27 953.23-98 Page 44 EFF. DATE:12 16 954-6-98 computer/network maintenance. Additionally,County officials may inspect and copy e-mail and computer records when there are indications of impropriety by an employee,when substantive information must be located and no other means are readily available,or when necessary for conducting county business. Supervisors may review the contents of an employee's electronic mail without the employee's consent Employees using e-mail should refer to the Weld County Internet Acceptable Use Policy in the Weld County Administrative Manual. PERSONNEL RECORDS The Personnel Department is the custodian of all official personnel/payroll records for current and past employees of Weld County. The employee's file in the Personnel Department will be the official file for all legal actions, employment references, or any other official inquiries. Colorado law requires that the files be restricted from access by anyone other than an individual who has a direct interest, i.e. the employee or his supervisor(s). Each employee has access to his own records. The employee may authorize a third party access to his record with written authorization signed by the employee which specifies exactly what items can be accessed or released. Without additional signed authorization, Weld County will only confirm employment and length of employment with Weld County. Inquiries that are authorized by employees or former employees from prospective employers will be answered based on the final evaluation of the employee,of which the employee should have a copy. Information will not be provided without the employee's permission. Changes in personal data(e.g. marital status, number of dependents, address, telephone number, benefit coverage, work authorization status) may affect the employee's pay or employment. Therefore, it is most important that an employee report appropriate changes as soon as possible. SOLICITATIONS Unless authorized by the County, solicitations on County premises are subject to the following rules: A. Solicitations by Employees: Because of the disruption to business, no materials shall be distributed to and no solicitation shall be made of any employee in any public area within the premises. Any solicitation must be confined to non-work and non-public areas and during non-working time. B. Solicitations by Non-Employees: Non-employees may not solicit on the County premises for any reason whatsoever. COUNTY STATIONERY FOR CHARITABLE SOLICITATIONS Weld County encourages its employees to participate in worthwhile community activities. However, the County believes that an employee's decision to support a charitable agency,cause,or other appeal is a private one and should in no way be influenced by an employee's position within the County. THIS REVISION: 1184.40 ADOPTED:11 27 953-23-98 Page 45 EFF. DATE 12 16 954-6-98 The use of County stationery for direct solicitation of employees implies support by the County and may be viewed by some employees as coercive. The only appeal which has County approval and for which County stationery may be used for soliciting other County employees is the United Way Campaign of Weld County. OUTSIDE EMPLOYMENT An employee may engage in outside employment if there is no interference with assigned working hours and duties, no real or apparent conflicts of interest with assigned responsibilities, and if approved by the Department Head/Elected Official. EXCEPTIONS: When prohibited by the County Home Rule Charter or by Resolution of the Board of Commissioners. APPEARANCE/DRESS Each employee should choose the proper attire for his or her specific job. Certain areas of the county have specific safety requirements. An employee should check with his/her supervisor if there are any concerns regarding proper attire for the job. A supervisor may request proper appearance/attire of the employee.An employee can be sent home without pay if the dress is not appropriate. If uniforms are provided,the employee may be required to wear them. Shorts are not authorized to be worn by County employees while at work. USE OF PRIVATE AUTO Some positions require, as a condition of employment, the use of the employee's vehicle in conducting assigned duties. Employees will be reimbursed mileage. The County is not liable for damage which may occur to your vehicle while on County business. CONFLICT OF INTEREST Section 16-9 of the Weld County Home Rule Charter states that,no County officer, member of an appointed Board, or employee shall have any interest in any enterprise or organization doing business with Weld County which might interfere with the unbiased discharge of his duty to the public and the best interest of the County. This restriction shall not apply where the officer,member of an appointed Board,or employee's department has no direct contact or business transaction with any such enterprise or organization. Specifically: A. No employee of the Central Purchasing Division shall have any interest in any enterprise or organization doing business with Weld County. B. Neither the Treasurer nor employees of the Treasurer's office shall have any proprietary interest in any financial institution in which the County maintains deposits. THIS REVISION: I 1844 ADOPTED:I 1 27 953-23•98 Page 46 EFF. DATE:12 16 954-6-98 In the event a question arises as to possible conflict of interest between any County officer, member of an appointed Board, or employee, and any enterprise or organization doing business with Weld County, the question will be presented to the County Council for review, investigation, decision and resolution. The judgment and decision of the Council shall be considered final and shall be made a matter of public record. Conflicts of interest in government employment are also governed by State law, Sections 24-18-101 to 113, and 24-18-201 to 205, C.R.S. Employees should consult with the Weld County Attorney's Office for guidance to determine whether a possible conflict of interest exists. THIS REVISION: 118-MO ADOPTED:11 27 953.23.98 Page 47 EFF. DATE:12 16 954-6.98 SECTION XII PAY AND SALARY PAY SYSTEM SALARY POLICY Weld County participates in various salary surveys. Salaries are set by the Board of County Commissioners after full consideration is given to: present pay rates compared to labor market competitors. The competitive job market may vary by job classification or specific jobs. ability to pay. benefit and supplemental pay policies. supply/demand situation for personnel needs. supply/demand situation in the labor market. employees expectations. The salaries are established during the budget process annually to be effective with the January pay period(December 16 - January 15). Salary levels and classifications once set by the Board are not adjusted during the fiscal year. Once salary levels are adopted, a pay table is distributed annually to all departments. All employees and the public have access to the pay tables for information. OBJECTIVES OF THE PAY SYSTEM The pay system has been developed to provide equity, increased productivity, competitive compensation to employees, and to provide management with a resource to measure and reward performance. Objectives of the system include: A. amity: To assure that all eligible employees have an opportunity to compete for and receive the awards of the system. B. Productivity: To establish a system that rewards performance so as to increase productivity. C. Competitive Compensation: To assure that employees compensation is competitive within the area. THIS REVISION: I 1844 ADOPTED:11 27 953-23-98 Page 48 EFF. DATE:I2 16%4-6-98 D. Management Resource: To provide management with a means to administer and accomplish the organizational goals and objectives. PAY SYSTEM CONCEPTS The pay system concepts include: A. Prevailing Wage - To pay individuals the prevailing wage in the job market as determined by salary surveys. B. Upward Movement-To establish a system that allows for upward movement within it in order to reward employees for their performance. C. Downward Movement- To establish a system that allows for downward movement within it in order to reduce compensation for non-productive employees. D. Performance Appraisal - To provide a standardized tool to measure performance based on pre- determined standards. E. Learning Curve- The amount of time spent on the job to fully learn the tasks required and function at a proficient level. Weld County recognizes a learning curve for all county positions. CLASSIFICATION AND PAY PLAN In accordance with Section 4-2 of the Weld County Home Rule Charter,the Board of County Commissioners has adopted a classification and pay plan. The plan is the foundation of a job-oriented career system. Position classification is the organizing of all jobs in the County into groups or classes on the basis of their duties, responsibilities, and qualification requirements of skills, knowledge, and abilities. Job classifications are a vital element upon which a pay structure is based and administered. EMPLOYEE TYPE For the purpose of payroll,employees are classified as one of the following: Hourly Non-exempt employees paid for hours worked. Exception Hourly. Non-exempt employees who are paid a monthly amount based on the average,of 173.33 hours per month. Exceptions, such as leave-without-pay and overtime,are subtracted or added from or to the monthly amount Salaried, Exempt employees monthly pay will be based on the average of 173.33 hours,per month. There are no exceptions for salaried,exempt employees: THIS REVISION: 118-440 ADOPTED:I 127 953-23-98 Page 49 EFF. DATE:12 IC 954-6-98 JOB DESCRIPTIONS All Weld County employees are placed in a classification series that identifies the position they are filling. Ajob description is available for all positions in Weld County in the Personnel Department. These job descriptions provide a broad statement of the class duties, supervision received, supervision exercised, examples of duties, minimum qualifications, education and experience required. POSITION RECLASSIFICATION The purpose of the position audit/reclassification is to ensure consistency of pay structure and to provide consistent procedure for studying and evaluating positions in Weld County for the purpose of upgrading or downgrading those positions. Position audits for classification will only be a part of the annual budget process and will be considered annually along with other departmental requests, except positions which can be reclassified as a part of a sunset review process. An Elected Official/Department Head may request a special audit if one has not been done for a position within that department for at least one year. Position audits are not meant to judge the performance of the employee in the position. The purpose of the audit is to measure what the employee does, not how well the employee performs. The Elected Official/Department Head can initiate a job audit by submitting in writing to the Personnel Department the justification for requesting such an audit. This request must be submitted along with the budget package. The request should include the specific changes that have occurred and the significance of these changes. Procedure. If the reasons for the request are adequate, the Personnel Department will respond by providing the department with a current job description and organizational chart. The Elected Official/Department Head will then provide the following to the Personnel Department: 1. The job description of the position being audited, with the proposed revisions. If there are no revisions the Elected Official/Department Head will indicate so on the copy of the job description. 2. The organizational chart,giving the existing approved reporting inter-relationships and marking in red the proposed changes. 3. A breakdown of the time spent on duties. For a simple example, a clerical position may be broken down as follows: 60% typing, 30% answering the phone, and 10% of time spent responding to the public. 4. A list of the additional duties and responsibilities that have been added. 5. A description of the new programs and/or functions in the department that prompted the additional duties or responsibilities. If the department has not added new programs and/or THIS REVISION: 118#4O ADOPTED:1127 953-23-98 Page 50 EFF. DATE:12 16 954.6-98 functions there should be an explanation of why the department's current position classifications are not able to accomplish the same functions under the current classifications. 6. A specification of what inequities, if any,the Elected Official/Department Head believes may exist. Upon receipt of this information, a representative from the Personnel Department will conduct an inquiry into the facts related to the position. This may include interviews of the Elected Official/Department Head,supervisor,and/or the employee currently in the position. An analysis and recommendation to the Board of County Commissioners will then be made. The Director of Personnel, Elected Official/Department Head, and the Director of Finance and Administration will have an opportunity to make comments and recommendations to the Board. The Board of County Commissioners will review this information and make a decision. If any of the above parties disagree with the decision,they may request a work session with the Board. The decision of the Board of County Commissioners at the time of the budget approval is final and may not be appealed through any means. Any approved reclassification shall be effective on the first day of the first payroll period of the new fiscal year and funded accordingly in the budget. KEY ELEMENTS OF THE PAY SYSTEM Key elements of the step approach include: - Six performance levels for employees (entry, qualified, proficient, third-year proficient fifth- year proficient, and seventh-year proficient.) -- Appraisals to be completed at predetermined time-frames. PAY STEPS Al. Entry Step- Persons with training but little or no experience. Pay- 94% of job rate. $2. Qualified Step- Persons with training and experience who exceed the minimum requirements for the classification. Pay - 97% of job rate. Movement to this step from the entry step requires at least six months of satisfactory performance at the entry step. 63. Proficient Step-Persons with training plus experience in a County department. Pay- 100% of job rate. Movement to this step from the qualified step requires at least six months of satisfactory performance at the qualified step. D4. Third Year Proficient Step-Persons who have completed three years in the same classification and have demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal system. Pay- 103%of established job rate. Movement to this step from the proficient step requires at least two(2)years of satisfactory performance at the proficient step. THIS REVISION: I I8-MO Page 51 ADOPTED:1127 953-23-98 B EFF. DATE:I2 16-9M-6-98 E5. Fifth Year Proficient Step- Persons who have completed five (5) years in the same classification and have demonstrated sustained satisfactory performance at the proficient step as recorded through the appraisal system. Pay - 106% of job rate. Movement to this step from the third year proficient step requires at least two (2)years of satisfactory performance at the third year proficient step. 16. Seventh Year Proficient Step- Persons who have completed seven(7)years in the same classification and have demonstrated sustained satisfactory performance at the Proficient Step as recorded through the appraisal system. Pay 109% of job rate. Movement to this step from the fifth year proficient step requires at least two (2)years of satisfactory performance at the fifth year proficient step. Progression up the pay steps is not automatic. A step increase can be delayed until the employee's performance is satisfactory, in the opinion of the Department Head/Elected Official. NOTE: The above pay steps would not correspond to time in classification if the incumbent was promoted into a higher step due to minimum 5% increase for promotions or initially hired at the qualified step,or if step was delayed because ofperformance. GRANDFATHERING The Board will address pay adjustments for grandfathered employees annually. Grandfathered employees are those whose pay has been frozen from receiving annual pay adjustments due to their pay being above the job rate. Grandfathered employees pay will be frozen until the pay for th. "F" step 6 of their position classification is equal to or greater than their current, frozen pay. MECHANICS OF THE PAY SYSTEM New Hires New hires will begin at the entry level step for the classification with one exception. An applicant may be hired at the qualified step if the applicant exceeds the minimum standards for the classification as established by the class description and specifications. When this occurs, the Department Head/Elected Official will submit the justification to Personnel to hire at the qualified level and request approval. This request must document the fact that the applicant's training and experience warrants the higher pay level. No commitment to hire at other than the entry level should be made to an applicant without written approval from Personnel. The practice of hiring at other than entry level is limited. Promotions/Reclassifications When a County employee is promoted to a higher level classification in the same classification series,the employee will be placed at the entry level step for the classification. Promotions will ensure a minimum of 5% pay increase. In the event the promotion in the classification series is less than 5%,the employee shall be placed at the step which provides a 5%minimum increase. A six-month promotional review period shall exist for the employee in all cases of promotion. THIS REVISION: 118-MO ADOPTED:1127 953.-23-98 Page 52 EFF. DATE:12 16-951.6-98 Employees who are promoted and,due to the 5% increase rule, are placed outside of the seven (7)year proficiency pay step, will only receive a 5% initial pay increase. They will then be placed in the Grandfathered category and treated as such. After the employee's six-month anniversary of hiring,vacation accrual will be awarded and may be used. When a position is determined to be misclassified and is changed to a higher classification,the incumbent employee must qualify for the higher level position within one year. The incumbent employee will be placed at the entry level step unless the former pay grade in the lower class is less than a 5% increase. In the event the entry level is less than a 5% pay increase,the person will be placed at a step providing a 5% minimum increase. A promoted employee entering the classification at higher than the entry level due to the 5% minimum pay increase requirement will still have the promotional review period. Pay movement will be based upon the normal movement of the higher step. For example, an employee placed at the proficient step initially will not move to the third year proficient step until he/she has been at the proficient step for two years. Transfers (In all cases,transferring employees are under a six-month review period) If a County employee takes a new position in a class series other than his current series, the employee will be hired at the entry level step of the new classification. (Example: Office Technician to Deputy Sheriff). In the case of a "lateral"transfer, meaning the person transfers to the same classification into a different department, the employee shall retain the previous pay step. In the case of a transfer into a different department, the 5% minimum promotional rule described will not apply unless it is within the same career ladder. This determination is made by the Director of Personnel. Demotions Demotions may include both dropping to a lower level classification and/or a reduction to a lower pay step within the same classification. A voluntary demotion to a lower classification in the same class series by an employee will move the employee to within the pay range, but will not exceed a pay step higher than the employee received prior to the promotion. In the case of an involuntary demotion,the Department Head and/or Elected Official has the discretion to place the individual within the pay range but may not place the pay of the individual beyond the seventh year proficient step or at a pay step,higher than the employee received prior to the promotion. If at any time during employment at Weld County, the employee's performance drops below the performance standards of the classification/position,the employee can be placed on a special review period and reduced in pay to the next lower step or a 3% reduction. If improvement is made at the conclusion of the review period, the employee can be returned to the pay level and pay step occupied prior to the reduction. THIS REVISION: 118-4.40 Page 53 ADOPTED:1127 953-23-98 S EFF. DATE:I2 F6-4544.98 SECTION XIII PERFORMANCE EVALUATIONS Performance evaluations are management judgments about the behavior, demeanor, conduct, deportment, effectiveness, and other relevant factors of employees. Assignments, advancements, reward, discipline, utilization, and motivation all depend ultimately on management judgments of employee performance. The objectives of evaluations are: A. Clarification of what is expected. That is,to develop standards of satisfactory performance, setting forth what quality and quantity of work of a given type is acceptable and adequate for pursuing the functions of the organization. B. Fortifying and improving employee performance. By identifying strong and weak points in individual achievement, recording these as objectively as possible, and providing constructive counsel to each worker. C. Refinement and validation of personnel techniques. Serving as a check on qualification requirements, examinations, placement techniques, training needs, or instances of maladjustment. D. Establishment of an objective base for personnel actions. Namely, in selection for placement and promotion, in awarding salary advancements within a given level, in making other awards, in determining the order of retention at times of staff reduction, and in otherwise recognizing superior or inferior service. E. Notification of deficient behavior or work performance. EVALUATION PROCESS All County employees will be evaluated against established standards every six months. Standards to be used are as follows: Stut.dt.rds R,T:...e Fain., Entry: After Completion of the first three months in the class. Qualified: After completion of the first six months in the class. Proficient: Every six months after successful attainment of qualified step. PERFORMANCE EVALUATIONS DUE Performance evaluations are due on the following time schedules: THIS REVISION: 1184.40 ADOPTED:1127 953-23*98 Page 54 EFF. DATE:I2 16 954-6-98 A. Three months from date of hire: All new employees, whether hired at the entry or qualified level will receive a three month evaluation. Promoted employees and employees reclassified upward will also receive a three month evaluation. No pay increases will result from these satisfactory evaluations, but the Department Head/Elected Official should use this evaluation process to advise the employee of his progress during the first three months. Adverse evaluations at the three month period can result in termination of the employee any time during the three month period or extension of the review period. B. Six months from date of hire: All employees will receive a six-month evaluation whether they enter County employment at the entry or qualified level. Based on the evaluation of the employee against pre-determined standards,the Department Head/Elected Official will indicate whether the employee will move to the next pay step. Adverse evaluations at the six-month period or twelve-month period can result in termination of the employee or extension of the review period. C. Twelve months from date of hire: Unless the initial review period is extended, this evaluation will determine whether an employee comes off the initial review and becomes a regular employee. An overall appraisal rating of"meets" or above will move the employee into regular status. D. Every six months: After completion of the first six months of County employment, employees will receive evaluations every six months. E. Special: Special evaluations can be done for praise or reprimand at the Department Head/Elected Official's discretion. F. Counseling Form: Weld County Employee Counseling Form may be used when counseling employees. EVALUATION REVIEW/APPEAL In the event an employee disagrees with the evaluation, the employee has the right to appeal the evaluation to any additional reviewer or Department Head/Elected Official. Evaluations are not subject to the grievance procedures described under the Conduct, Discipline, and Grievance Procedures section in this Handbook. The procedure is as follows: A. When the employee disagrees with the evaluation as written,the employee will so indicate by chocking th.,d:sagrce box :.. Se,dt:mi XITTwriting in the employee comments section. The rater will then give a copy of the evaluation to the employee with a written note as to the date his or her comments must be turned into the reviewing authority. The original copy of the evaluation will then be sent to the reviewing authority with a copy of the note indicating the date comments are due to the reviewing authority. B. When the reviewing authority receives the comments, he/she will evaluate all pertinent information available. The reviewing authority may concur with the evaluation as written or not concur based on THIS REVISION: 118-40 ADOPTED 11 27 953-23.98 Page 55 EFF. DATE:I2 16 954-6-98 the employee's comments and his observation,etc. The reviewing authority will then change any rating factor by placing his initials next to the number that best describes the rating for that clement,and follow the same procedures for the overall evaluationby initialing and changing therating to the appropriate one. In the comment section, explain why the changes were made. C. The reviewing authority will review the evaluation with the employee and have the employee initial and date the comments beside the signature section of the reviewing authority. The employee should indicate his/her concurrence or non-concurrence with the reviewing authority's rating. The reviewing authority review is final. The employee may not appeal the matter further,and the grievance procedures described under the Conduct, Discipline, and Grievance Procedures section in this Handbook do not apply. PROCESS FOR UPDATING PERFORMANCE STANDARDS Evaluation standard changes may be submitted and will be reviewed by the Personnel Department along with the will app.ev., e. di.,app.ev., of the ...aluati.,.. ,..L...:th-,1 by t , department. THIS REVISION: 118-640 ADOPTED:1127 953-23.98 Page 56 EFF. DATE:I2 16 951',6-98 SECTION XIV PAYROLL PAY DAY Pay day for regular County employees, including hourly employees, will be the last working day of the month. If pay day falls on a holiday, employees will be paid the last regularly scheduled workday before the holiday. Pay periods are from the sixteenth (16th)of the month to the fifteenth (15th) of the following month. Pay periods for the,employees of the Department of Social Services are from the first of the month through the end of the month. AUTOMATIC DEPOSIT Regular county employees payroll checks are automatically deposited directly to the banking institution of the employee's choice. Deposits can be to savings or checking accounts. Forms are available in the Personnel Department to establish or change account routing to banking institutions. A statement of monthly earnings will be provided to each employee prior to the end of month. WAGE GARNISHMENT Garnishment of wages results when an unpaid creditor has taken the matter to court. A garnishment is a court order allowing for creditors to collect part of an employee's pay directly from Weld County. Although the County does not wish to become involved in an employee's private mailers,the County is compelled by law to administer the court ordered garnishment. Government levies will be treated in the same manner as garnishments. A representative from the Accounting Department will contact the employee to explain the details of garnishment tat how it aff ets wages. In the event an employee's wages are garnished,a representative from the Accounting Department will provide written notification to the employee and will explain the details of the garnishment and how it affects;wages. MANDATORY PAYROLL DEDUCTIONS Federal Income Tax: The Federal Government requires Weld County to withhold a certain percentage of an employee's pay to enable the employee to pay federal taxes due each year. The percentage amount withheld is based on the amount of wages and the number of exemptions claimed, as indicated on the employee's W-4 form. The number of exemptions claimed may be changed by the employee as necessary. Contact the Personnel Department for any changes. THIS REVISION: 118-MO ADOPTED:I 127 953-23.98 Page 57 EFF. DATE:I2 16 951-6-98 State Income Tax: The State of Colorado requires mandatory deduction for state income tax. The amount taken out of an employee's pay is based on wages and the number of exemptions claimed on the employee's Federal W-4 form. Social Security Taxes(FICA): This program provides retirement, disability, and survivor benefits. The amount deducted from an employee's pay is based on total wages earned, and this amount is matched dollar-for-dollar by Weld County. All County employees except those belonging to the Public Employee's Retirement Association (Health Department employees)are required to pay OASDI and FICA. Retirement: Weld County provides retirement benefits for regular employees(exeept the Weld County Division Resourcca)through P.E.R.A. or the Weld County Retirement system. A. P.E.R.A. All employees of the Weld County Health Department are required to belong to the Public Employees Retirement Association(PERA). Employee and County contribution are as determined by PERA through state legislation. Member employees should refer to the pamphlet issued by PERA for details of the plan. Employees on PERA are also required to pay a Medicare tax. B. County Retirement. All full time County employees, except those on P.E.R.A., must belong to the County Retirement Plan. The employee must contribute 6% of gross earnings each month. Employee contributions are deferred from state and federal taxable income effective December 16, 1983. The County matches all regular contributions. Member employees should refer to the booklet provided by the Weld County Retirement Board and the by-laws of the Retirement Board Ofor details of the plan. PROCEDURE TO CORRECT PAYROLL ERRORS When an error in pay is identified by either the Department Head/Elected Official or the employee, notification should be made to the Personnel Department immediately so corrections can be made. It is the responsibility of the Personnel Department,Accounting Department,the Department Head/Elected Official and employee to review pay information monthly to assure accuracy and to report errors in a timely manner. Any over or underpayment must be identified to the Personnel Department for resolution. All overpayments discovered will result in a collection action `or t`e _unt If any error results in an underpayment of$100 or more, a separate check will be processed for the additional wages. If the underpayment is less than$100,the additional wages will be processed in the next monthly scheduled payroll. All overpayments discovered will result in a collection action for the total amunt. :'i::' In reading this Handbook,please remember that complete details of benefit plans or policies are not always included. If there are inconsistencies between the formal terms of a benefit plan and this Handbook,the actual terms of the plan or policy will be controlling. A complete copy of each plan document is available for your review in the Personnel Department. In addition, Departmental Supplemental Policies may exist. Consult your department for copies of these. Weld County reserves the right to discontinue or modify any county program, benefit plan or employment policy at any time. THIS REVISION: 118-MO ADOPTED 11 27 953.23-98 Page 58 EFF. DATE:12 16 454-6-98 THIS REVISION: 118-MO ADOPTED:1 127 953-23.98 Page 59 EFF. DATE:12 16 954-6-98 Hello