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Home My WebLink About952253.tiff Attettison ORDINANCE NO. 118-M IN THE MATTER OF AMENDING ORDINANCE NUMBERS 118-J, 118-K, AND 118-L, THE WELD COUNTY PERSONNEL POLICY HANDBOOK BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority, under the Weld County Home Rule Charter and the Colorado County Home Rule Powers Act, Article 35 of Title 30, Colorado Revised Statutes, and, in specific, under Section 30-35-201(7), C.R.S. to adopt by ordinance personnel policy rules and regulations for the County of Weld, State of Colorado, and WHEREAS, effective January 22, 1991, the Board of County Commissioners repealed and reenacted Weld County Ordinance Numbers 118, 118-A, 118-5, 118-C, 118-E, 118-F, 118-G, 118-H, and two versions of 118-I, by adopting Weld County Ordinance Number 118-J, and WHEREAS, effective October 27, 1992, the Board of County Commissioners amended Weld County Ordinance Number 118-J by adopting Weld County Ordinance Number 118-K, and WHEREAS, effective September 28, 1993, the Board of County Commissioners amended Weld County Ordinance Number 118-J by adopting Weld County Ordinance Number 118-L, and WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, hereby finds and determines that there is a need to amend portions of Weld County Ordinance Numbers 118-J, 118-K, and 118-L, the Weld County Personnel Policy Handbook, and this Ordinance is for the benefit of the health, safety, and welfare of the people of the County of Weld. NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the County of Weld, State of Colorado, that Weld County Ordinance Numbers 118-J, 118-K, and 118-L be, and hereby are, amended as follows: SECTION I, SUBSECTION EXEMPT POSITIONS: Delete line E and renumber remaining lines F through I as lines E through H. 2466711 8-1521 P-507 12/07/95 04:32P PG 1 OF 11 REC DOC 952253 Weld County CO Clerk & Recorder 0.00 ORD118 % : /'E;69 RE: ORDINANCE NO. 118-M PAGE 2 SECTION II, SUBSECTION PROMOTIONS/TRANSFERS: Delete words "for approval" in line eight, paragraph two. Remaining text shall read as follows: 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. SECTION II, SUBSECTION RE-EMPLOYMENT: Delete "and shall start at the entry level if date of termination is thirty-one (31) days or more prior to re-employment" from line five. Remaining text shall read as follows: 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. SECTION III, SUBSECTION PART-TIME EMPLOYEE: Delete entire paragraph and insert the following: PART-TIME EMPLOYEE Part-time employees are regularly scheduled to work less than 32 hours per week. They may participate in the health insurance program. Participation in the insurance program is dependent upon whether insurance costs are 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. 2466711 11-1521 P-507 12/07/95 04:32P PG 2 OF 1.1 952253 ORD118 RE: ORDINANCE NO. 118-M PAGE 3 SECTION III, SUBSECTION JOB SHARE EMPLOYEE: Delete entire section and insert the following: JOB SHARE EMPLOYEE (positions are categorized based on the budgeting for the department) Job Share, hourly: Is a part-time employee who participates in health insurance, sick leave and vacation leave. The paid leaves are prorated based on the number of hours worked. The only salary adjustments that job share hourly are eligible for are annual cost-of-living adjustments. Hours are submitted weekly for number of hours worked. Job Share, regular Is a part-time employee who participates in health insurance, sick leave, vacation leave, holiday pay, and salary level increases. Salary remains the same based on normal working hours submitted by the department. Job share sick and vacation prorated accrual rates are based on the table below: Normal Hours Worked/Month Accrual Rate/Month 137 - 173.33 8 130 - 137 6 87 - 129 4 Below 87 No accrual Job share employees have none of the grievance rights as described in this Personnel Policy Handbook. SECTION III, FOLLOWING SUBSECTION JOB SHARE EMPLOYEE: Insert the following: WORKING AFTER RETIREMENT 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. 246671.1 8-1521. P-507 12/07/95 04:32P PG 3 OF 11 952253 ORD118 RE: ORDINANCE NO. 118-M PAGE 4 Employees retiring from Weld County service under the Weld County retirement program 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 retirement benefits. Depending on the job situation, a retiree may receive pay and benefits in any one of the following retiree categories: HOURLY RETIREE EMPLOYEE Hourly retiree employees are paid only for the hours they work. 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 County retirement programs. PART-TIME RETIREE EMPLOYEE Part-time retiree employees are regularly scheduled to work less than 32 hours per week. They may participate in the health insurance program. Participation in the insurance program is dependent upon whether insurance costs are 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 are categorized based An the budgeting for the department) Job Share, hourly: Is a part-time retiree employee who participates in health insurance, sick leave and vacation leave. The paid leaves are prorated based on the number of hours worked. The only salary adjustments that job share hourly retiree employees are eligible for are annual cost-of-living adjustments. Hours are submitted weekly for number of hours worked. Job Share. regular Is a part-time retiree employee who participates in health insurance, sick leave, vacation leave, holiday pay, and salary level increases. Salary remains the same based on normal working hours submitted by the department. 2466711 B-1521 P-507 1.2/07/95 04:32P PG 4 OF 11 952253 ORD118 RE: ORDINANCE NO.1118-M P-AGE- Job share sick and vacation prorated accrual rates and benefits are based on the table below: Normal Hours Worked/Month Accrual Rate/Month Proration of Benefits 130-137 B 7_5% 87-129 4 50% i3elow 87 No accrual None 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 Headpositions, no sick leave or vacation accrual applies. Job share retiree employees have none of the grievance rights as described in this Personnel Policy Handbook. SECTION IV, SUBSECTION SUSPENSION AND TERMINATION FOR CHARGE WITH CRIME: On line six, insert "(post conviction and sentencing hearings)" after the word "final". Text will read as follows: In the event an employee is formally charged or indicted for the xommission 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 lights 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 nolo 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. Amend the second paragraph to read as follows: For purposes of this section, the term "crime" shall be defined as a felony or class 1 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. 2466711 B-1521 P-507 12/07/95 04:32P PG 5 OF 11 952253 ORD118 RE: ORDINANCE NO. 118-M PAGE 6 SECTION IV, SUBSECTION LICENSES: Insert the following after paragraph one: ' 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 Section 30-10-510, C.R.S. Any deputy assigned to field operation 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. SECTION IV, SUBSECTION DISCIPLINARY ACTIONS: Insert "or other discipline" after the word "dismissal" in paragraph two, line three. Text will read as follows: 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. SECTION IV, SUBSECTION DISMISSAL PROCEDURES: Insert"These procedures apply to regular employees only" at the end of paragraph one. Delete the last sentence in paragraph two which reads, "This procedure applies to regular employees only." Text will read as follows: No dismissal shall be made unless the employee is given a pre-dismissal hearing. These procedures apply to regular employees only. 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. SECTION IV, SUBSECTION GRIEVANCE PROCEDURES: Insert second sentence in Step 6. Text will read as follows: 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. 2466711 B-1521 2-507 12/07/95 04:32P PG 6 OF 11 952253 ORD118 RE: ORDINANCE NO. 118-M PAGE 7 SECTION V, SUBSECTION RESIGNATION: Delete paragraph three and insert the following: All regular-County employees who terminate their employment for any reason must return their ID card, keys,and employee handbooks. SECTION VI, SUBSECTION SICK LEAVE: After the last paragraph, insert the following: 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. SECTION VI, SUBSECTION SICK LEAVE BANK: Delete paragraph two, subsection A, C9, and C10. Insert the following: The Sick Leave Bank is based on a donation of four (4) hours of the individual's sick leave, per member, per year. 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 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(4) hours of the employee's individual sick leave will be deducted and credited to theBank. (C) 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. (C)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. 2466711. -B-1521 P-507 12/07/95 04:32P PG 7 OF 11. 952253 ORD118 RE: ORDINANCE NO. 118-M PAGE 8 SECTION VI, SUBSECTION SICK LEAVE BANK: Insert paragraph Ito read as follows: I. There shall be no sick or vacation accrual by an employee while on Sick Leave Bank time. SECTION VI, SUBSECTION UNPAID FAMILY AND MEDICAL LEAVE POLICY: In subsection F, insert sentence at the end of the last paragraph. Text will read as follows: 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. Leave for adoption, birth or foster care expires twelve (12) months from the date of the birth or placement. SECTION VI, SUBSECTION PERSONAL LEAVE DAYS: Delete entire paragraph and insert the following: 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 sixteen (1B) hours of sick leave into sixteen personal leave hours. Personal leave time may not be carved 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 of the same year during which theyare granted. SECTION VI, SUBSECTION HOLIDAYS: Insert the following sentence at the end of paragraph one, after the list of holidays: A holiday is considered eight (8) hours and may or may not correspond with the assigned work shift. 2466711 B-1521 P-507 12/07/95 04:32P PG 8 _OF 11 952253 ORD118 IRE: ORDINANCE NO. 118-M PAGE 9 SECTION VI, SUBSECTION MILITARY LEAVE: On line two of paragraph one after the word "leave", insert"days, with a maximum of 120 hours per year." Text will read -as follows: Any officer or employee who is a member of the National Guard or reserve forces under state or federal law shall be given up to 15 days annual paid military leave days, with amaximum-of 120 hours per year without loss of seniority, pay, status, performance rating, vacation, sick leave-or other benefits for-all of the time the employee is engaged in training or service ordered by the appropriate military authority. If the employee's military status changes from reserve to active, the employee shall be _entitled to leave without pay until reinstated following active service in time of war or emergency. This policy shall be in accordance with Sections 283-601 and 603, CRS and federal law. Copies of Orders should be submitted to the Department Head/Elected Official and the Personnel Department two weeks prior to beginning of leave. SECOND SECTION VI, SUBSECTION TIME WORKED: On line one of paragraph two after word "counted", insert "as time worked." Text will read as follows: Any paid time not actually worked will not be-counted as time worked for overtime compensation purposes, e.g.,sick, vacation,- olidays, personal leave-days, etc. SECOND SECTION VI, SUBSECTION BREAKS: After paragraph_entitled "Breaks", insert the following: 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. SECTION IX, SUBSECTION TUITION ASSISTANCE: Add sentence after the first sentence in paragraph one. Text will readas follows: Weld County will reimburse an employee forsome 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 ^52253 2466711 B-1521 P-507 12/07/95 04:32P PG 9 OF 11 tD118 RE: ORDINANCE NO. 118-M PAGE 10 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: SECTION X, SUBSECTION CONFIDENTIAL INFORMATION: After subsection -entitled "Confidential Information", insert the following: 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,-rotor 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. RENUMBER SECTIONS: Renumber the second Section VI (on page 29), to Section VII and then renumber the following sections sequentially from Section VIII through Section XIV. BE IT FURTHER ORDAINED by the Board that this Ordinance shall become effective five days after its final public notice, as provided by Section 3-14(2) of the Weld County Home Rule Charter, 2466711 B-1-521 P-507 12/07/95 04:32P PG 10 OF 11 952-253 ORD118 PE: ORDINANCE NO. 118-M PAGE 11 BE IT FURTHER ORDAINED by theBoard, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 118-M was, on motion duly made and seconded, adopted by the following vote on the 4th day of December, A.D., 1995. BOARD OF COUNTY COMM SSIONERS , -- S. . ull? D COU TY, •• O r „. , . t i.- Dal K. Ha , ai• an t t sfdEd0�n y Clerk to the Board A It`/ 7 5-'&Xi � ! arb a J. Kirkmeye ,Pto-Tem Deputy C r to the Board � � -eor E. Baxter APPROVED AS TO FORM: / Constance L. Harbert _Cou ty Attorne /i j! 1\, !1 ); /Ir°- Y. W.i-I. Webster First Reading: November 6, 1995 Publication: November 9, 1995, in the North Weld Herald Second Reading: November 20, 1995 Publication: November 22, 1_995, in the North Weld Herald Final Reading: December 4, 1995 Publication: December 7, 1D95, in the North Weld Herald Effective: December 12, 1995 246E111 B-1521 P-507 12/07/95 04:32P PG 11 OF 11 52253 ORD118 AFFIDAVIT OF PUBLICATION STATE OF COLORADO ORDINANCE NO.118-M ss. IN THE MATTER OF AMENDING ORDINANCE NUMBERS 118J, 118-K, AND 118-L, THE COUNTY OF WELD WELD COUNTY PERSONNEL POLICY HANDBOOK BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF I, Bruce J. Bormann, of said County of Weld, being duly WELD,STATE OF COLORADO: sworn,say that I am Publisher of WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,pQursuant to Colorado statute and the Weld County Home Rule Charter,Is vested with THE NORTH WELD HERALD the authotty otadminblering the affairs of Weld County,Colorado,and WHEREAS,the Board of County Commissioned has the power and authority, un- a weekly newspaper having a general circulation in said der the Weld County Home Rule Charter and the Colorado County Home Rule Powers Act,Ar- ticle 35 of Title 30,Colorado Revised Statutes, and,In specific,under Section 30-35-201(7), County and State, published in the town of Eaton, in said C.R.S.to adopt by ordinance personnel policy rules and regulations Mr the County of Weld, Side a Colorado,and County and State; and that the notice, of which the annexed is WHEREAS, effective January 22, 1991,the Board of County Commissioners re- a true copy, has been published in said weekly newspaper for pealed and reenacted Weld County Ordinance Numbers 118,118-A,118-B, 118-C,118-E,118- F,118-G,118-H, - Lint- successive weeks, that the notice was published and two versions of 118-I,by adopting Weld Cbunty Ordinance Number,f 8J,and WHEREAS, effective October 27, 1992, the Board of County Commissioners in the regular and entire issue of every number of the paper amended Weld County Ordnance Number 118J by adopting Weld County Ordinance Number during the period and time of publication, and in the 118-K,and WHEREAS,.ef)ective Sedember 28, 1993,the Board of County Commissioners newspaper proper and not in a supplement, and that the amended Weld County Ordinance Number 118-J by adopting Weld County Ordlnuiflca Number publication of said notice: /� nsL,and '9�j x_e_ do l/,-iYl — c Irtaj /Cea.ir Q WHEREAS, the Board of County Commissioners of County of Wee, Side Cofounty J Colorado,hereby finds and determines thin there Is a need to amend portions of Weld County Ordinance Numbers 118-J, 118-K, and 118-L,the Weld County Personnel Policy Handbook, and this Ordinance is for the benefit of the health, safety, and welfare of the people.N the was'n said newspaper bearing the date(s) of: County of Weld. 1111 /J NOW THEREFORE,BE IT ORDAINED,by the Board of County Commissioners of o XQ.• �/f�\1O�a 7 , 19 7 S the County o Weld, State o Colorado, that Weld County Ordinance Numbers 118-J, 118-K, /, P ' and 11 B-L be,and hereby are,amended as follows: . SECTION I, SUBSECTION EXEMPT POSITIONS: Delete line E and renumber re- , 19 malting lines F through I as lines E through H. SECTION II, SUBSECTION PROMOTIONS/TRANSFERS: Delete words for ap- , 19 prove'In line eight,paragraph two. Remaining text shall read as follows: vacancies are advertised within the County for a period of five (5)con- , 19 secutwe work days. Promotions and translers 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.tie- pquest Form pand a Weld County Employment Application. County em- pllooyeeesBwh meAll et the hepostio position mshau be selected lb be channeledfo Interview the em- Ind that the said THE NORTH WELD HERALD has been employee's supervisor to the Department Head/Elected mars and than iublished continuously and uninterruptedly for the period of 52 to the Personnel Department. Department Heads and Elected OIgcINs have the discretion to promote individuals within their departments onsecutive weeks, in said County and State, prior to the date based on performance and/or qualifications without cadducting Meer- f first ublication of said notice, and the same is a newspaper views. P PaP SECTION II,SUBSECTION RE-EMPLOYMENT: Delete"and shall start at the entry ithin the meaning of an Act to regulate printing of legal level it date of termination Is thirty-one(31)days or more prior to re-employment'from Ilnne five. Remaining text shall read as follows: Micas and advertisements, approved May 18, 1931, and all At the discretion of the Department Head/Elected Official,a regular em- rior acts so far ' force. pbyee who resigned within one year and was In good standing N the time of the resignation may be rehired Upon re-employment,the em- ployee shall be subject to all conditions of employment, including the twelve (12)month initial review period applicable to new employees. rein Y4 f L{ c a? ZFZ/4. the date of termination is less than 31 clays, / stated with no change in hire date. UCE J. BORMANN, PUBLISHER SECTION III,SUBSECTION PART-TIME EMPLOYEE: Delete entire paragraph and Insert the'allowing: pART-TIME FMPI CYFF }T Pan-time employees are regularly scheduled to work less than 32 hours subscribed and sworn to before me this 1-"�l par week. They may participateg in the health Insurance program. Panic- day costs in the insurance areIn the departmental bam uddgeet foru tendent nt postioonn. Theyn ther insurance have none of %N��"v% the grievance rights as described In this Handbook and cannot mild- /f I 74- y1„t �' ; r , 19 95 pate In the Weld County Retirement Plan. - II - ye ifiP 4— - . . tam t is, i 1 BAGLEY 4 IT ARY PUBLIC L My commission ex•t):>. Brut &l'j 2 / 199 N SECTION III, SUBSECTION JOB SHARE EMPLOYEE: Delete entire section and WIT WCAIMd:SUOn line six,I SUSPENSION conviction erEiRRMIN erTION IFOR CHARGE insert the following: the word mar. Text ism read as tel Oows: JOB SHARE FMPI OYFF (positions are categorized based on the bud- crime the avert an a to gating for the department) mp Yee Is farmaly chagetl or Intllcled for the cOm. mason of a crime the Department woad/Elected Official may suspend Jg1D Ahem hourly: is a parHime-employee who participates In health employee,wp� or w(ihoutpay,gentling proorcufici of the o8ease. Neuranne,sick leave and vacation leave. The paid leaves are prorated shall lemmetl efe found guilty or any alma by a coon or jury,.the Count' based on the number of hours worked.,The only salary adjustments that N suspend such employee without pay until the ear lob share hourly are eligible for are annual cost-of-living adjustments. PfOVee's,dora'iction shall become final and the employee has ex- Hours are submitted weekly for number of hours worked. his �'Or by legate to lessen thwm,has wyyep as Yigl y io"a new Ypi riphb d appeaL At the time such employee's convlCibn Is this Job Share recular: Is a part-time employee who participates in health (post conviction and 56eentenCing hearings),the employee may be torrid- (post Insurance,sick leave,vacation leave, holiday pay,and salary level in- oared.. A dekrrod judgment and sentence upon a plea ol goat'or ado creases. Salary,remains the same based on normal working hours COMerldere shall De dormetl to be a final.conviction at the'time the art submitted byThe department. pbyor anlre the plea and such plea is accepted by the Court. Job share sick and vacation prorated accrual rates are based on the Amend the second paragraph to read as follows: table below: n For purposes of this section, the term 'crime' shall be defined or a Normal Hours Worked/Month Ionlh Accrual ReeMott felony or Wass 1 or 2-misdemeanor as defined by Stale law,or a cofpa- table federal or municipal Crkrte or crime in some other state. The boat 137-173.33 6 'erlme'.does not Inclu pest'offenses. 1887-7-1297 6 SECTION IV,SUBSECTION LICENSES: Insert the following agar paragraph one: ' Below 129 4 87 No accrual AS yy Count Sham1's deputles who ere assignedount to fold,operation Jab share employees have none of the grievance rights as described in itoalmaea must f De comml onetl by the R 8. Any- SMri11,pursuant this Personnel Policy Handbook. provisions of Section 30.10-510,C.R.S. A .tleputy aaglgred b field°befallen duties and who a decommbslored or such work by the SECTION Ill,FOLLOWING SUBSECTION JOB SHARE EMPLOYEE: Weft)Counntyty snergl Ma no rgM:ta-coMlnued employment ea a Nhq Insert the following: County.Sherhpa Deputy,., WORKING AFTER RETIREMENT SECTION IV, SUBSECTION DISCIPLINARY ACTIONS: Insert or other discipline'Oar the word•dpnl sst n paragraph Iwo,line iteea m-» Employees retiring from Weld County service under the Stale of Col- Weld County reserve Se rl0lit to.by tosser discglbary action and orado PERA retirement program shall be governed by PERA rules and Immediately dismiss all employee;I,in the sole opinion of Iles County Rater regulations forrules and workinglat after service or tlisebiNly retirement. the employee's conduct,either by kself or cone rin ,ilfp(ioyee'S ErTpl y PERA rules and We Cot - prior pedomnan*d s dismissal pf-uygfNesr Employees r retiring mayym oak Weld more service under the WeldCounty re- holding positions cif levels of r tip May be INN to asanliniment programly, work b more Than a total of too4 hours annually standards of patio and thus lave +severe dbidplinary an- In an Weld Co,my rme,retirement job retiree employeeDepending job sue resit,- dons imposed on I 1 Man those who belt ' ions of lower respond- Iengg may receivee payand benefit nany ne on the jobwing retiresion,■ -bllit rellree pay benefits In any one of the following Y• , categories: - StCTlON IV,SUBSECTION DISMISSAL PROCEDURES: Insert'The$s•procediuor )-IOURIY RETIREE FMPI OYFF apply to regular employees oar*the end of paragraph one. Delete the last sen- tence in paragraph-two which reads,'This procedilrvapplies to regular employees Hourly retiree employees are paid only for the hours they work. They are only.' Text sell read as follows: not paid for any leave time. Hourly retiree employees have-none of ON No dismissal shall be made unless the employee Is given a pre-de- grievance rights as described in this Handbook. They do not participate missal hearing. These procedures apply to regular employees only. m County retirement programs. PART-TIME RETIREE FMPI OYFF 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-dtenessal hearing. Part-time retiree employees are regularly scheduled to work less than 32 hours per week. They may panic pate in the health insurance program. SECTION IV,SUBSECTION GRIEVANCE.PROCEDURES:- Insert second sentence Participation in the insurance program is dependent upon whether mar- in Step 6. Text will read as follows: ante costs are in the departmental budget for the position. They taw- none of the grievance rights as described in this Handboollaa cafrot The Weld County Personnel Director may attempt to recorxrl9•the riff er- participate in the Weld County Retirement Plan. ences. II the Personnel Director Is admiMNarng the discipline,the DI- rector of Finance and Administration will aae111pt reconcilb!on., the budgeting for the department) SECTION V, SUBSECTION RESONATION: Delete paragraph three and insert the following: lob Share hourly: Is a part-time retiree employee who participator In health Insurance, sick leave and vacation leave. The paid leaves we All regular County employees who terminate their employment for any prorated based on the number of hours worked, The only salary adjust: reason must return their ID card,keys,and employee handbooks. mares that job share hourly retiree employees are eligible for are&rural cost-of-living adjustments. Hours/re submitted weekly for number ol SECTION VI, SUBSECTION SICK LEAVE: After the last paragraph,insert the iol- hours worked. lowing: Job Share regular: Is a part-time retiree employee who participates in Under no circumstances may sick leave be used for more'than 6 health insurance, sick leave, vacation leave, holiday pay, and salary months consecutively. This Is so coordination may happen with Weld level Increases. Salary remains the same based on normal working _. - County's long-term disability program. - hours submitted by the department. Job share sick and vacation prorated accrual rates and benefits are based on the table below: • . Normal Hours Accrual Rate Proration of worked/More GS1gnlh lamas 130-137 - 6 75% 87-129 4 50% Below 87 No accrual None Department Head classification shall receive a proration of Department Head benelks based on the number of hours worked,as depicted above under Proration of Benefits. As with full lime DepartmeM Head posi- tions, no sick leave or vacation accrual apples. Job share retiree employees have none of the grievance rights as de- scribed In this Personnel Policy Handbook. - ----- SECTION VI, SUBSECTION SICK LEAVE BANK: Delete paragraph two,subsec- tion A,CS,and CI0.. Insert the following: The Sick Leave Bart Is based on a donation of four(4)hours of the In- dividual s sick leave,per member, per year. Employees who do not contribute to the Bads cannot use sick leave bank hours. Admission to Bank participation for new members shall be allowed after the employ- ee's one year anniversary. Only regular, full time employees are eligi- ble 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 (4) hours of the employee's Individual sick leave will be deducted and credited to the Bank. (C)9. Not more than five(5) months shall be granted to one mem- ber In a twelve-month period. An employee may not have more than six months of combined, consecutive paid and/or unpaid leave. • (C)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 pry SECTION VI,SUBSECTION SICK LEAVERANK: Insert lows: paragraph 1 to reed as eF • 1• There shall be no sick or vacation accrual by an employee while on Sick Leave Bank time, SECTION VI,SUBSECTION UNPAID FAMILY AND MEDICAL LEAVE POLICY: in subsection F,insert sentence at the end of the last paragraph. Text Will read as fol- lows: An employee who Is taking leave for the adoption or foster care of a child must use all paid vacation and personal Nave prior to being eligi- ble for unpaid family leave. Leave for adoption,birth or foster care ex- /Aires twelve(12).months from the dale of the birth or placement. SECTION VI, SUBSECTION PERSONAL LEAVE DAYS: Delete entire paragraph and insert the folowing: pERSONAI I FAVF TIMF Personal leave is a privilege granted to regular employees. Employees In their initial review period are not yeligible. Each year,with supenSm leave Intont sixteen peular etsoonaal leee ave hours. Personalleen eave times of sick may not be carried over from year to year. The method of scheduling and the tim- ing of personal avelhne e.a{he discretion of the Elected Official or Department Head. Because of the payroll system, personal leave days must be used by December 15 of the same year during which they ere granted. SECTION VI,SUBSECTION HOLIDAYS: Insert the following sentence atthe eM-el paragraph one,after the IN of hollidays: A holiday Is ceneldered eight (8) hours and may or may not correspond with the assigned work shift. SECTION VI,SUBSECTION MILITARY LEAVE: On line two of paragraph one after the word"leave`, Insert`days, with a maximum of 120 hours per year.' Text will read as follows:. employee A or rd or re- - serve forces u r state ortfederal lao is a w sshhaar l be giventiup toonal G15adays n- nual paid military leave days, with a maximum of 120 hours per year without less of senipdt',pay, status,performance rating, vacation, sick leave or other benefits for all of the time the employee is engaged In training or service ordered by the appropriate military authority. If the • employee's military status changes from reserve to active, the em- active�service b n lane of warid to roor emve wergency.a Thiusgpolicytela"shall bebe in n ac- cordance-with Sections 28.3.601 and 603,CRS and federal law. Copies of Orders should be submitted to the Department Head/Elected Official and the Personnel Department two weeks prior to beginning of leave. SECOND SECTION VI, SUBSECTION TIME WORKED: On line one of paragraph two after word`counted',Insert'as time worked.' Text will read as follows: Any paid time not actually worked will not be counted as time worked for overtime compensation purposes, e.g., sick, vacation, holidays, per- sonal leave days,etc. SECOND SECTION VI,SUBSECTION BREAKS: After paragraph entitled`Breaks', Insert the following: COMPENSATION TIME OFF Comp time off in lieu of overtime may be given only s there is an indi- vidual agreement signed by the employee to do so. SECTION IX, SUBSECTION TUITION ASSISTANCE: Add sentence alter the first sentence In paragraph one. Tap will read as follows: Weld County w8 reimburse an employee for some tuition expenses Job related courses that have been approved in:advance. This does not In- clude fees,books,or charges for"testing our 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 priorly given to the earliest date received by the Personnel Department. Requests must be ap- proved In advance to commit funds for an employee. For an employee to receive such reimbursement,the following conditions must be met: SECTION X,SUBSECTION CONFIDENTIAL INFORMATION: Alter subsection enti- tled-Confidential Information*,insert the Iolbwing:, PRIVAT rcE OF PcReO AL WAPF ON6E0 OR p �PROPFa r� !xr, All personal properly and c&nputer 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,sand facsimile machines. Employees who privately use per. c sonar properly computer software owned or leased by Weld County subject to disciplinary action, up to and including discharge. To en- sure that the use of personal properly owned or leased by Weld County Is consistent with this policy, authorized representatives of Weld County may,monitor the use from time to lime. All communications and information transmuted by, received by, or soiled lh electronic and/Or telephonic convnunicatlens syetens owned or leased by Weld Cody are to property,of Weld County, Employee do not have a right to privacy In such communications and Information. RoENUi end ctiinMBER SECTIONS: Renumber"the se and Section VI(on page 29),to Sec- through Seo XIV number the following sections sequentially from Section VIII BE IT FURTHER ORDAINED by the Board that thus Ordinance shall become eeec- Hor eve days alter Its final.public notice, as provided by:Sect Sion 14(2)of the Weld county Home Rule Charter. BE IT FURTHER ORDAINED by the Board,If any section,subsection,paragraph, sentenc such e,clause,or phrase of this.Ordinarce is for any reason held or decided to be unconsti- tutional, decision shall not affect the validity of:the remaining portIona hereof. The Board County Commissioners hereby declares that It would have enacted this Ordinance in each and every section,subsection,paragraph,sentence,s clause, u e,and phrase thereof Irrespective of the fact that any one or more sections,phrases might be declared to be unconstitutional or invalid 9rapfla, sentences, clauses, or The above and foregoing Ordinance Number 118-M was,on motion duly made and seconded,adopted by the following vole on the 4th day of December,A.D., 1995. ATTEST`. WELD COUNTY,COLARD OF COUNTY ORRAADOSS ERS AC. Weld Coup Clerk tld o harden e Board /s/.Dale K.Hag:Chairman (WELD COUNTY SEAL) s/.Barbara J.Klrbneyer,Pro-Tem BY: h/.Shelly K.Hitler /s/.George E.Baxter Deputy Clerk to the Board /s/ APPROVED AS TO FORM: Coroteneb L.Haman te/.Bruce T.Barker W.H.Webster County Attorney First Reading: November 6,1995 Publication: November 9, 1995,In the Noah Weld Herald SeconSecond Reding: November 20.1995 Nowtter 22,1995,In the North Weld Herald Final Pleading: December 4,1995 Decanter 7,1995,in the North Weld Herald EffeclIve: December 12, 1995 � F s f j f 4 44 wuk COLORADO Employee Personnel Policy Handbook Ordinance 118-M Amended Effective December 16, 1995 WELD COUNTY PERSONNEL POLICY HANDBOOK 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-M Amended Effective December 16, 1995 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 Employee 6 Regular Employee 6 Full-time Employee 6 Hourly Employee 7 Part-time Employee 7 Job-Share Employee 7 Working After Retirement 7 IV. Conduct, Disciplinary Actions, and Grievance Procedures Conduct 9 Reporting Misconduct 10 Sexual Harassment 10 Drug-Free Work Place 11 Statement of Policy 11 Suspension and Termination for Charges with a Crime 12 License Requirements 12 Disciplinary Actions 13 Dismissal Procedures 13 Grieving a Dismissal 14 Employee Grievances 14 Non-Grievable Items 14 Grievance Procedures 15 Grievance Hearings 16 V. Termination of Employment Reduction in Force Sequence 20 Resignation 20 Retirement 21 Abandonment of Position 21 References 21 VI. Time Off Vacation 22 Sick Leave 22 Sick Leave Bank 23 Unpaid Family and Medical Leave of Absence 26 Personal Leave Time 30 Holidays 30 Funeral Leave 31 Leave of Absence Without Pay 31 Jury Duty 31 Closure of County Operations 31 Professional Leave 32 Military Leave 32 Department Head Leave 32 VII. Working Hours Work Week and Work Day 33 FLSA 33 Compensation for Overtime 33 Time Worked 34 Meal Hours 34 Breaks 35 Compensation Time Off 35 IX. Health and Safety General 36 Reporting Injuries 36 Communicable Disease Policy 37 Medical Examinations 41 Recreational Activities 41 X. Education and Training Tuition Assistance 42 Seminars and Conferences 43 XI. Miscellaneous Policies Confidential Information 44 Private Use of Personal Property or Computer Software Owned or Leased by Weld County 44 Personnel Records 44 Solicitations 45 County Stationary for Charitable Contributions 45 Outside Employment 45 Appearance/Dress 46 Use of Private Automobile 46 Conflict of Interest 46 XII. Salary, Classification and Pay Salary Policy 47 Objectives of the Pay System 47 Pay System Concepts 48 Classification and Pay Plan 48 Job Descriptions 48 Position Reclassification 49 Key Elements of the Pay System 50 Pay Steps 50 Grandfathering 51 Mechanics of the System 51 New Hires 51 Promotions 51 Transfers 52 Demotions 52 XIII. Performance Evaluations Evaluation Process 54 Performance Evaluations Due 55 Evaluation Review/Appeal 55 Process for Updating Performance Standards 56 XIV. Payroll Pay Day 57 Automatic Deposits 57 Wage Garnishment 57 Mandatory Payroll Deductions 57 Procedure to Correct Payroll Errors 58 WELD COUNTY PERSONNEL POLICY HANDBOOK SECTION I 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. THIS REVISION: I18-M ADOPTED: 11-27-95 Page 1 EFF. DATE: 12-16-95 -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. 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 included in Home Rule Charter. (NCMC) H. 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 Resources 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: 118-M ADOPTED: 11-27-95 Page 2 EFF. DATE: 12-16-95 SECTION II EMPLOYMENT INFORMATION • EOUAL EMPLOYMENT OPPORTUNITY 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. THIS REVISION: 118-M ADOPTED: 11-27-95 -Page 3 EFF. DATE: 12-16-95 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. RECRUITMENT,SELECTION,AND APPOINTMENT PROMOTIONS/TRANSFERS Promotions and transfers may begiven 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 Tor 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. THIS REVISION: 118-M ADOPTED: 11-27-95 • Page 4 EFF. DATE: 12-16-95 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 him7her for supervision. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 5 EFF.DATE: 12-16-95 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 REVIEWEMPLOYEE Employees promoted or transferred into a new position will be under a review status for six(6)months. SPECIAL REVIEW EMPLOYEE ADepartment Head or Elected Official may institute a special reviewslue 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 32 hours per week. Depending on the situation, any of the above definitions may apply to full-time employees. THIS REVISION: I18-M ADOPTED: ' 11-27-95 Page 6 EFF. DATE: 12-16-95 HOURLY EMPLOYEE Hourly employees are paid only for the hours they work. 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 County retirement programs. PART-TIME EMPLOYEE -Part-time employees are regularly scheduled to work less than 32 hours per week. They may participate in the health insurance program. Participation in the insurance program is dependent upon whether insurance costs are 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 EMPLOYEE(positions are categorized based on the budgeting for the department) Job Share.hourly:Is a part-time employee who participates in health insurance, sick leave and vacation leave. The paid leaves are prorated based on the number of hours worked. The only salary adjustments that job share hourly are eligible for are annual cost-of-living adjustments. Hours are submitted weekly for number of hours worked. Job Share,regular: Is a part-time employee who participates in health insurance, sick leave, vacation leave,holiday pay,and salary level increases. Salary remains the same based on normal working hours submitted by the department. Job share sick and vacation prorated accrual rates are based on the table below: Normal Hours Worked/Month Accrual Rate/Month 138-173.33 8 130-137 6 87-129 4 Below 87 No accrual Job share employees have none of the grievance-rights as described in this Personnel Policy Handbook. WORKING AFTER RETIREMENT Employees retiring from Weld County service under the State of Colorado PERA retirement program shall begovemed 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 retirement program 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 retirement benefits. Depending on the job situation, a retiree may receive pay and benefits in any one of the following retiree categories: THIS REVISION: 1112-M ADOPTED: 11-27-95 Rage 7 EFF. DATE: 12-16-95 HOURLY RETIREE EMPLOYEE Hourly retiree employees are paid only for the hours they work. They are not paid for any leave time. Hourly retiree employees have none of the grievance rights as described in this Handbook. They4o not participate in County retirement programs. PARTTIME-RETIREE EMPLOYEE Part-time retiree employees are regularly scheduled to work less than 32 hours per week. They may participate in the health insurance program. Participation in the insurance program is dependent upon whether insurance costs are in the departmental budget for theposition. 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 are categorized based on the-budgeting for the department) Job Share. hourly: Is a part-time retiree employee who participates in health insurance, sick leave and vacation leave. The paid leaves are prorated based on the number of hours worked. The only salary adjustments that job share hourly retiree employees are eligible for are annual cost-of-living adjustments. Hours are submitted weekly for number of hours worked. Job Share. regular: Is_a part-time retiree employee who-participates in health insurance, sick leave, vacation leave, holiday pay, and salary level increases. Salary remains the same based on normal working hours submitted by the department. Job share sick and vacation prorated accrual rates and benefits are based on the table below: Normal Hours Worked/Month Accrual Rate/Month Proration ofBenefits 130-137 6 75% 87-129 4 50% Below 87 No accrual None Department Head classification shall receive aprorationofDepartment 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. Job share retiree employees have none of the grievance rights as described in this Personnel Policy Handbook. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 8 EFF. DATE: 12-16-95 SECTION IV CONDUCT,DISCIPLINARY ACTION,AND GRIEVANC-E PROCEDURES CONDUCT Every county employeeshouldbe 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 oridischarge include,but are not limited to,the following: A. Failure to meet performance-standards. B. Conduct endangering the safety or well-being of self,fellowicmployees or the public. C. Negligent or willful damage or waste of public property. This includes-misuseof County property, equipment, vehicles or other materials for private gain, use Dr convenience and unauthorized use,possession or storage of County property. D. Failure to comply with lawful Orders or regulations. E. Insubordination. F. Offensive language Dr conduct toward-the public or fellow employees, or fighting words or conduct. G. Violation of theDrug-Free Workplace policy stated in this Handbook. H. Unexcused absence. I. Conviction of aserious crime(See Suspension for Charge with Crime). J. Accepting bribes,money,or property or services of value in the course oftmployment. K. Any material Omission or falsehood in the application or interview for employment. L. Falsifying sickness,Dr any other cause of absence. M. Dishonesty. N. Giving preferential treatment to individuals or groups. O. Breach_of confidentiality. • THIS REVISION: I18-M ADOPTED: 11-27-95 Page 9 EFF. DATE: 12-16-95 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 onlyand 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 fromgovernmentrecords which are closed to the public,pursuant to Section 24-72-204,C.R.S.; or c. Discloses informationthat is confidential underany other provisions of law. Employees should refer to Sections 24-18-101,-.01 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 asexual 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_usedas the basis Tor-employment decisions affecting an individual;or THIS-REVISION: 118-M ADOPTED: 1127-95 Page 10 EFF. DATE: 12-16-95 (3) The harassment has the purpose of or the effect of unreasonably interfering with an individual's work performance or creatingan 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 willansure 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 hoursand/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, Dr 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. Suchrlrugs will be used only in the manner,aombination,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 remainat work and what work restrictions,if any,are necessary. THIS REVISION: 118-M ADOPTED: 11,27-95 Page 1 I EFF. DATE: 12-16-95 (5) For the_purposes of these rules, an alcoholic beverage is any beverage thatbas an alcoholic content in-excess of three.percent(3%)by volume. (6) Drug means any substance tither 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 licensed medical physician. An illegal drug is any drug or controlled substance,-the sale,possession or consumption of which is illegal. Any employee found in violationnf 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 isacondition 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 nolo 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 nolo.eontendere to such drug'related violationsare subject to termination and/or mandatory attendance andsuccessful completion of a drugabuse assistance or similar program ass condition of continued employment. SUSPENSION AND TERMINATIONTOR C-HARGE WITH CRIME Inihe.event an employee is formally charged or indicted for thetommission of a crime,the Department Head/Elected Official maysuspendsuch employee, with or without pay,pending prosecution of the offense. If an employee is found guilty of any crime bya court or jury,the County shall immediately suspend such-employee without pay untiliheiemployee's conviction shall becomefinal and the employee has exhausted,or byfailure to assertthem,has waived all rights to a new trial andsll rights of appeal. At the time such employee's conviction is final(post conviction and sentencing hearings),-the employee may be terminated. A deferred judgmentand sentence upon a plea of guilty or nolo 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 1 or 2 misdemeanor as defined by state law,-or&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 orrevokedfor 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 tobe unfit to operate the appropriate vehicle,thesmployee may be dismissed. THIS REVISION: I18-M ADOPTED: 11f7-95 Page 12 EFF. DATE: 12-16-95 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. Anysleputy assigned to field operations dutiesand who isslecommissioned forsuch workby the Weld County Sheriff has no-right tocontinued 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 besuspended 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 reneweder reinstated within a specific period of time,not to exceed ninety(90)days,the employee maybe dismissed. DISCIPLINARY ACTIONS Disciplinaryactions 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. 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'sconduct,either by itself or considering the employee'sprior performance,warrants dismissal or other-discipline. Employees holding positions of higher levels of responsibility may be held to higherstandards of performanceand thus have more severeslisciplinary actions imposed on them than-those who hold positions of lower responsibility. Department Heads,Elected Officials or their appointees may impose disciplinaryactions. 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 tolhe employee&copy of the grievance sectionef this Handbook. DISMISSAL PROCEDURES No dismissal shall be made unless the employee is given a pre-dismissal hearing. These procedures apply to regularcmployees only. 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. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 13 EFT. DATE: 12-16-95 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 toalismiss 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 Ifshe_employee is dismissed pursuant to these procedures,he/she may-exercise the right to grieve such dismissal without the necessity of complying with Steps 1 and 2 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 thelorm of a County Resolution or Ordinance. All employees are encouraged to attend public meetings,on their own time,thatinvolve them as-taxpayers and employees, in order to voice their opinions. Employees cannot grieve performance evaluations or written counseling forms. They can appeal these to their Elected Official or Department Head. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 14 EFF.-DATE: 12-16-95 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 clays of the incident which is thesubject matter of the grievance. STEP 2: IMMEDIATE SUPERVISOR RESPONSE TO APPEAL. The immediate supervisor will give the-employee an answer within five calendar clays of the presentation of thegrievance. STEP 3: APPEAL TO THE 1)HPARTMENT 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 theDepartment Head or Elected Official. Such an appeal must be presented in writing. The writing shall state the-nature ofthe 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 ofgrievance-rights for the incident. Appeals directly to theDepartment Head/Elected Official In those instances when the discipline is being-administered directlyby the Department Head or Elected Official,the employee grievanceprocedure begins at Step 3. STEP 4: DEPARTMENT HEAD/ELECTED OFFICIAL RESPONSE TO THE APPEAL. The Department Head orElected Official shall give a written answer to the grieving-employee within five calendar days of the presentationnf the grievance. THIS REVISION: 11S-M ADOPTED: 11-27-95 Page 15 EFF.-DATE: 12-16-95 STEP 5: FILING AFORMAL WRITTEN GRIEVANCE. If the employee disagrees with the Department Header Elected Official's answer,the-employee may file a formal written grievance with the Weld County-Personnel Department within ten calendar days of receiving the Department-Head or Elected Official's written response. The written grievance must clearly state the employee's side of the case and must include the following: Specifically what4ecisions or actions-the employee is grieving,what remedy the employee is seeking in the grievance,-the specific factsas 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 PersonnelDirector may attemptto reconcile the differences. If the Personnel Director isadministeringihe 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 CountyYersonnel 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 GrievanceBoard, the grieving party,plus one representative,the responding Department Head or Elected Official, 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. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 16 EFF. DATE: 12-16-95 The attorney who represents the grieving employee shall be paid by the-employee. In no event shall Weld Countybe 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 consistiof 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 eitherparty as a witness. 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. Aanerson with labor relations and/or legal background chosen by theanoardiof County Commissioners of Weld County. This_person shallserve-as the Chairperson ofthe Grievance Board. 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 grantingof such postponements Br extensions shall be made only upon the showing ofgood cause and is at the discretioniof the Personnel Director. Postponements or extensions will mot 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 forback pay for the period of the extension should back}ray be awarded. 4. PROCEDURE AND EVIDENCE The hearing shall be conducted informally and shall notbe subject to strict judicial or technical rules of procedure. A wide latitude in the manner ofpresenting 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 oran 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 GrievanceBoardshall conduct a de novo hearing of thegrievance. THIS REVISION: I18-M • ADOPTED: 11-27-95 Page 17 EFF. DATE: 12-16-95 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/hertlesignee 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 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"meanssufficient evidence to prevail until overcome by other evidence. TheDepartment 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 Stead of or in addition to the electronic recording unit. The requesting party shall pay for all costs associated with using the court reporter. THIS REVISION: 118-M Page 18 ADOPTED: 11-27-95 EFF. DATE: 12-16-95 7. DECISION OF THE GRIEVANCE-BOARD The Grievance Board shall either grant orsleny all, or any portion of,the employee's grievance. The BrievanceBoard will notformulate 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 anybinding-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 findingsiof fact and a decision of the Grievance Board will be prepared. A copy will be distributed-to the grieving employee, the grieving employee's supervisorand Department Head/Elected Official,and Personnel. The Grievance Board's decision isfinal,unless timelyappeal is made to the Board of County Commissioners as indicatedbelow. 8. APPEAZS Any party who seeks to modify the decision of the Grievance Board-may appeal the matter to the Board of County Commissioners. T9 doso,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 modifiedand 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 GrievanceBoard's decision,the notice of appeal, and any memorandum brief-to the Board of County Commissioners-for review. The Board 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 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: I I8-M Page 19 ADOPTED: 11-27-95 EFF. DATE: 12-16-95 SECTION V REDUCTION IN FORCE,LAYOFF,ELIMINATION OF EMPLOYMENT POSITIONS, RESIGNATION,RETIREMENT,ABANDONMENT OF POSITION, AND REFERENCES 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 forthe 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 ofservice to citizens of Weld County. Such decisions include, but are-rot 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. THIS REVISION: 118-M Page 20 ADOPTED: 11-27-95 EFF. DATE: 12-16-95 Final pay checks for terminating.employees will-be issued theafternoon of the day of the-next regularly scheduled Board of County Commissioners meeting after the terminated employee's last day of work with the exception of those employees terminating.during the payrollprocessingperiod. Employees terminatingsluringlhepayroll processing period will have their paycheck for the current pay period direct 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/heroontribution only to the County Retirement Plan returned plus interest. All refunds must be approved by the-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 dateof application for refund. Retirement funds will not beprocessed 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 PersonnelEepartment should 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: 118-M ADOPTED: 1127-95 Page21 EFF. DATE: 12-16-95 SECTION VI TIME OFF VACATION No annual leave is earned by temporary,part-time, seasonal,hourly paidemployees or initial review employees during their first six months of their employment. Department Heads, Chief Deputies,and Elected Officials designated by the Home Rule Charter and theBoard of County Commissioners-do not accrue paid vacation. 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 hours of vacation time per month of this period. Successful completion means that the employee scored a meets-or 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. Vacationshall not conflict with work requirements of the department. Scheduled vacations maybe 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 Under- 8.00 hours Over 5,but under 10 10.00 hours Over 10,but under 20 1-2.00 hours Over 20 13.33 hours An employee cannotaccumulate in excess of two times the annual vacation accrual. When vacation time is-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 ofemployment. Official holidays occutringiluring vacation leave are-counted as holidays,not as vacation. Illness and emergency closure-days during vacation periods are counted as vacation days. SICK LEAVE Sick leave is not a right. It is aprivilege given to full-time Employees to be used in the following circumstances: A. Whenan employee is unable to perform the job_duties because of illness, injury,or any other medically disabling condition. THIS REVISION: 118-M ADOPTED: 1127-95 Page 22 EFF._DATE: 12-16-95 B. When the employee has medical,surgical, dental or optical examinations or treatment; C. 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 employees-are eligible for sick leave 30 days afteremployment. Sick leave is accrued at 8 hoursper monthf'rom-date of hire with no maximum accrual limit. 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 full4ime employees areauthorized live 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. Employees who exceed thefiveioccurrences are subject to disciplinary action, including, but not limited to, theTevocation-of all sick leaveprivilegesas 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 LeaveBank. The Sick Leave Bank is based on a donation of four(4)hours of the individual's sick leave,per member, per year. -Employees who do not contribute to the Bank cannot use sick leave bank hours. Admission toBank participation for new members shall be allowed after the employee's one year anniversary. Only regular, full-time employees are eligible for the Sick Leave Bank. Approval of a Sick Leave-Bank R-equest is not guaranteed-by the Department-Head, Elected Official or Sickleave Bank Governing Board. THIS REVISION: 118-M ADOPTED: 11-27-95 Page23 EFF. DATE: 12-16-95 A. Each year four(4)hours of the employee's individuaLsick leave,will be deducted and credited to the Bank. B. Sick leave days in the Bankare carried overfrom year to year. An additional contribution is required in January of each succeeding year while a member of the Bank. Hours donated to the Sick LeaveBank are not refundable. C. The Bank isadministered by the Sick Leave Bank Governing Board. The Board is composed of-seven(7)voting members. These include: the-Personnel Director,the Weld County Health Director and 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: l. Application forms are available through-Personnel. Applicationsfor benefitsfrom the Bank-are made in writing to-the Sick LeaveBankBoard 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'sstatement specifying the nature of illness, the4ates 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 LeaveBank Board meeting. The Sick Leave Bank will consider the request and make-a decision based on a majority vote. 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. THIS REVISION: I I8-M ADOPTED: 1127-95 Page 24 EFF. DATE: 12-16-95 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. Uponapproval by the Sick Leave BankBoard,the SickBank 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 anamountthat exceeds-the numberof 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 cannotbe accepted by theBank. 12. Sick leave may be granted ONLY in cases ofpersonal physical illness or injuries. This excludes use of theBank 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 tosommit an assault or a felony d. occupational injuries or sicknesses e. willful self injury f. injuryt'rom outside employment g. active participation in a riot h. any other reason that-the Sick Leave Bank Board finds to deny the request 13. If the leave is denied-by the Sick Leave BankBoard,the Board will notify theapplicant in writing, stating the-reason(s)for the denial. 14. Any unusedsick leave granted by the Board shall be returned to the Bank. D. Upon termination from the County,aBank 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. F. The Sick LeaveBankBoard assumes the full responsibility for the control of theBank, andall 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 the49rogram is terminated, any hours remaining in the Bank shalkbe divided on a proratabasis among the members at that time. THIS REVISION: 118-M ADOPTED: l 1-27-95 Page25 EFF. DATE: 12-16-95 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. There shall be no sick or vacation accrual by an employee while on Sick Leave Bank 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 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. THIS REVISION: I18-M ADOPTED: 11-27-95 Page 26 EFF. DATE: 12-16-95 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. If the payment is more that 30 days late,the employee's health care coverage may be dropped for the duration of the leave. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 27 EFF. DATE: 12-16-95 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 aid 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. 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. THIS REVISION: I IR-M ADOPTED: 11-27-95 Page 28 EFF. DATE: 12-16-95 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 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. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 29 EFF. DATE: 12-16-95 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 provide3 0 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. 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 sixteen(16)hours of sick leave into sixteen 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 of the same year during which they are granted. HOLIDAYS AllTegular employees working 32 hours or more per 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. Veterans Day 5. Fourth of July 10. Thanksgiving Day 11. Christmas-Day A holiday is considered eight(8)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 beforeand 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 agreater 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. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 30 EFF. DATE: 12-16-95 FUNERAL LEAVE Leave of absence with pay because of death in the immediate family maybe 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,grandparents,foster parent,foster child, or guardian. LEAVE OF ABSENCE WITHOUT PAY 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 Employees who are "regularly employed", as defined by Section 13-71-126, C. R. S., and who are required to serve as a witness 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 from 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. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 31 EFF. DATE: 12-16-95 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 maybe 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 Any officer or employee who is a member of the National Guard or reserve forces under state or federal law shall be given up-to 15 days annual paid military leave days,with a maximum of 120 hours per year without loss of seniority,pay,status,performance rating,vacation,sick leave or other benefits for all of the time the employee is engaged in training or service ordered by the appropriate military authority. If the employee's military status changes from reserve to active,the-employee shall be entitled to leave without pay until reinstated following active service in time of war or emergency. This policy shall be in accordance with Sections 28-3-601 and 603, CRS and federal law. Copies of Orders should be submitted to the Department Head/Elected Official and the Personnel Department two weeks prior to beginning of leave. Weld County complies with all sections_of-Title 38 U.S. Code,Chapter 43, Veteran Reemployment Rights. For detailed information,contact the Personnel Department. DEPARTMENT HEAD LEAVE Department Heads do not accrue sick and vacation leave. Departmentl-Ieads 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: I I8-M ADOPTED: 11-27-95 Page 32 EFF. DATE: 12-16-95 SECTION VII 1-1OURS OF WORK,SHIFTS,SCHEDULES,OVERTIME,AND REST PERIODS 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. THIS REVISION: 118-M ADOPTED: 11 27-95 Page 33 EFF. DATE: 12-16-95 B. All non-exempt employeesare-required to complete atime 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 workingslay ofthe month. -ELSA 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. C. No compensatory time may be given in lieu of-pay unless an individual agreement is signed betweenlhe employee and the department-head and approved by theFersonnel Department and theBoardef County Commissioners before time is worked. D. Salaried/Exempt Employees. Salaried exempt receive a salary to compensate themfor the performance of all their-duties and time worked. These employees,as-classified in accordance with the Fair Labor Standards Act,llo not-receive overtime. E. NonExempt Employees. All non-exempt-employees, except public safety employees as classified in accordance with the FederalFair Labor Standards Act(-E SA),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 inaccordance 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-lays,etc. MEAL HOURS Employees working an 8 hour day may receive,asscheduled by the Department Head/Elected Official, 30 to 60 minutes for a meal. Time of day may vary-based on shift schedules and2ssupplemented 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. THIS REVISION: 118-M ADOPTED: l 1-Z7-95 Page 34 EFF. DATE: 12-16-95 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: I18-M ADOPTED: 11-27-95 Page 35 EFF. DATE: 12-16-95 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 resultin 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 hasbeen injured,the employee must report this fact to his/her immediate supervisor at once. The supervisor will see that theemployeegets 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 injuredemployee will be required to sign it. TheEmployer's FirstReport 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 Notiee 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,f'rom 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 timelyinvestigation. This investigation might reveal a hazardous condition or work practice which, if not corrected,could lead to a more serious injury. THIS REVISION: I I8-M ADOPTED: 1127-95 Page 36 EFF. DATE: 12-16-95 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. 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 withdisabilities. 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 mt 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,eoughing,using the same utensils andequipment,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 forexposures,meaning thatall human blood and certain-body fluids are considered potentially infectious. Alldepartments-must report any possible exposure to the Personnel Department using the procedures outlinedelsewhere for Workers Compensation reporting. In addition, telephone the Personnel Department on possible exposures immediately so instructionsean 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 identityof 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. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 37 EFF. DATE: 12-16-95 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&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 anemployee who refuses to work with an affected co-worker or the public. Employees who-refuse to work with anaffected co-worker or the public may be disciplined up to and including termination. Communicable-Diseases Which Are Readily Transmissible in the Workplace. The incidence of serious or life threatening illnesses that are readily transmissible during interaction in the workplace is low. However,because-the presence of aserious disease that is transmittedby 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 affectedemployees,theirsupervisors, and Department HeadsandElected Officials. A. Employee Responsibilities An employee wither 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 ADepartment 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 affectedemployee 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. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 38 EFF. DATE: 12-16-95 Communicable Diseases Not Roac(ily 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 supervisorabout their condition. B. Supervisor Responsibilities Supervisors who fmd out about such a condition by voluntary disclosure or suspect the presence of such a condition shall not-reveal-the identity orpresence of an affected employee. 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 Countyiemployee or other individual,-except: 1. 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 thesame basis as they would when other serious health-problems(for example,cancer)comerto the attention of the supervisor, Department Head, orElected Official. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 39 EFF. DATE: 12-16-95 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 OSHAguidelines. The following department must have comprehensive plans specific to their departments on Tile 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 performedby employees PlanDocumentation engineering and workplace_controls appropriate personal-protective, including its use, accessibility, and maintenance procedures for -a clean and sanitary worksite including decontamination of equipment, handling of regulated waste, and handling of contaminated laundry proceduref'or 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,trainerslualifications,and content sus and labels to_communicate hazards Plans shouldbe updatedat least annually and whenever necessary to reflect new or modified tasks with occup ational_cxposure. THIS REVISION: I18-M ADOPTED: 11-27-95 Page 40 EFF. DATE: 12-16-95 MEDICALEXAMINATIONS 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 theirspecific 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-healthappears 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 medicaLexamination 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: 118-M ADOPTED: 11-27-95 Page 41 EFF. DATE: 12-16-95 SECTION X EDUCATION AND TRAINING TUITION ASSISTANCE Weld County will reimburse an employee for sometuition 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 cantle reimbursed each quarter or semester. Contact Personnel for the current limit. Funds for this programare limited to the amount budgeted each year by the Board of County Commissioners. Therefore,requests will be considered withTriority given to the earliestxlate received by the Personnel Department. Requests must be approved in advancetoeommit funds for an employee. -For an employee toTeceive such reimbursement,the following conditions must be met: 1. 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. (Ferms are available in,PersonnelDepartment). 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 thexourse successfully,with a"C" grade or better. To receive payment,an employee must present theYersonnel 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 nff from work,with pay,is allowed. In all casesany time taken off-by the employee must be made up weekly or be charged as unpaid leave. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 42 EFF. DATE: 12-16-95 SEMINARS AND CONFERENCES Ifan-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 reimbursementshould 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 eventa department has insufficient budgeted dollars 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: I1 S-M ADOPTED: 11-27-95 Page 43 EFF. DATE: 12-16-95 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. PERSONNELRECORDS The Personnel Department is the custodian of all officialpersonnel/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. TIIIS REVISION: 118-M ADOPTED: 11-27-95 Page 44 EFF. DATE: 12-16-95 The employee may authorize a thirdparty access to his record with writtenauthorization signed by the employee which specifies exactly what items can be accessed or released. Without additional signed authorization,Weld County will only confirm employmentand length of_employment with Weld County. Inquiries that are authorized by employees or former employeeslrom prospective employers will be answered based on the final evaluation of the employee, of which the employee should have a copy. Information will not beprovided 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 changesassoon aspossible. 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 publicarea 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 otherappeal is a private one and should in no way be influenced by an employee's position within the County. 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 inioutside 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. THIS REVISION: 118-M Page 45 ADOPTED: 11-27-95 B EFF. DATE: 12-16-95 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 besent home without pay if the dress is notappropriate. If uniforms are provided,the employee may be required to wear them. USE OF PRIVATE AUTO Some positions require, as a condition of employment,the use of the employee's vehicle in conducting assignedAuties. Employees will-be-reimbursed mileage. The County is not liable for damage which may occur to your vehicle while on County business. CONFLICT OF INT-EREST 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 organization4oing business with Weld County which might interfere with the unbiased4ischarge 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 doingbusiness 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. In-the event a question arises as topossible 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 andidecision oflhe Council shall be considered final and shall be made a matter of public record. Conflicts of interest ingovernment employmentare also governedby State law, Sections 24-18- 101 to 113,and 24-18-201 to205, CR.S. Employees should consult with the Weld County Attorney's Office for guidance-to4etermine whether a possible conflict of interest Exists. THIS REVISION: 118-M Page 46 ADOPTED: 11-27-95 g EFF. DATE: 12-16-95 SECTION XII PAY AND SALARY 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 1-). Salary levels and-classifications once set by theBoard are not adjustedtluring the fiscal year. Oncesalary levels areadopted,a pay table is distributed annually to all departments. Alliemployees and thepublic have access to the pay tables for information. OBJECTIVES OF THE PAY SYSTEM The pay-system has been developed to provide equity,increasedproductivity,competitive compensation to employees, and to provide management with a resource to measure and reward performance. Objectives ofthe system include: A. Equity: To assure that alLeligible-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. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 47 EFF. DATE: 12-16-95 C. Competitive Compensation: To assure that employees compensation is competitive within the area. 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. JOB DESCRIPTIONS All Weld County employees are placed in a classification series that identifies the position they are filling. A job 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. THIS REVISION: 11 S-M Page 48 ADOPTED: 11-27-95 EFF. DATE: 12-16-95 POSITIONRECLAS SIFICATION The purpose of the position audit/reclassification is tonsure 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,exeept positions which can beTeclassified as-a part of a-sunset review process. An-Elected Official/Department Head may request a special audit if one has not beendone 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 OfficiaUDepartment Head can initiate a job audit by submitting in writing to the Personnel Department the justificationfor 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 PersonnelDepartment: 1. The job description oflheposition 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 listof 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 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 OfficiaUDepartment Head believes may exist. THIS REVISION: 118-M Page 49 ADOPTED: 11-27-95 EFF. DATE: 12-16-95 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 A. Entry Step -Persons with training but little or no experience. Pay- 94%of job rate. B. 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. C. 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. D. 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 thisstep from the proficient step requires at least two(2)years of satisfactory performance at the proficient step. E. 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. THIS REVISION: 11 S-M ADOPTED: 11-27-95 Page 50 EFF. DATE: 12-16-95 F. 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 thefifth 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 promotedinto a higher step due to minimum 5%increase-for promotions or initially hired at the qualified step. GRANDFATHERINU 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 the"F"step of their position classification is equal to orgreater 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 theclass 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 writtenapproval-from Personnel. The practice of hiring at other than entry level is limited. Promotions 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 theclassification 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-M ADOPTED: 11-27-95 Page 51 EFF. DATE: 12-16-95 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-ef 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 paygrade in the lower class is less than a-% increase. In the eventthe entry level is lessihan 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 willstill have the_promotional-review period. Pay movement will be based upon the normal movement of the higherstep. 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 proficientstep for two years. Transfers 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 azlifferent department,the employee shall-retain the-revious paystep. In the case of a transfer intoa 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 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 higher than the-employee received prior to the promotion. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 52 EFF. DATE: 12-16-95 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 lowerstep or a3%-reduction. If improvement is madeat 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-M Page 53 ADOPTED: 11-27-95 B EFF. DATE: 12-16-95 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: Standards&Time Frame 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. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 54 EFF. DATE: 12-16-95 PERFORMANCE EVALUATIONS DUE Performance evaluations areslue on the-following time schedules: 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 firstsix 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 isas follows: THIS REVISION: 118-M ADOPTED: 11-27-95 Page 55 EFF. DATE: 12-16-95 A. When the employee disagrees with the evaluation as written,the employee will so indicate by checking the disagree box in Section XIII. The rater will then give a copy of the-evaluation to the employee with a written note us 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 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 ratinglor that-element, and follow the-same procedures for the overall evaluation. 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 appropriate supervisor. Personnel will approve or disapprove of the evaluation standards submitted by the department. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 56 EFF. DATE: 12-16-95 SECTION XIV PAYROLL PAY DAY Pay day for regular County-employees,including hourly employees,will be the last working day of the month. If payday falls on a holiday,employees will be paid the last regularly scheduled workdaybefore the holiday. Pay-periods are from the sixteenth (16th) of the month to the-fifteenth (15th) of the following month. AUTOMATIC DEPOSIT Regular county employees payroll checks are automatically deposited directly to the banking institution of the employee'schoice. 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 be45rovided 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. Althoughthe County does not wish to become involved in an-employee's private matters,the County is compelled by law to administer the court ordered$arnishment. 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 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. State Income Tax: The State of Colorado requires mandatory deduction for state income tax. The amount taken out of an employee's pay isbased on wages and the number of exemptions claimed on the employee's Federal W-4 forth. THIS REVISION: 118-M ADOPTED: 11-27-95 Page 57 EFF. DATE: 12-16-95 Social Security Taxes(FICA): This program provides-retirement, disability, and survivorbenefrts. 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 FICA. Retirement: Weld Countyprovides retirement benefits for regular employees (exceptthe Weld County Division of-Human Resources)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,exceptthose 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 contributions. Member employees should refer to the booklet provided by the Weld County-Retirement Board and the by-laws of the Retirement Board for 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-P.ersonnel 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 overpaymentslliscovered will result ina collection action for the total amount. In reading this Handbook,drlease 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. ALomplete copy of each plan_document is available for your review in thePersonnel 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-M ADOPTED: 11-27-95 Page 58 EFF. DATE: 12-16-95 .t 4 C e V Gt I t`+ 4 4I O. CT 0 1 U1 e- O r Z 111 r a O V r� -0: c.. 0 0 n J CD t.. In C? .n M O N f+1 O N C) In ,C, O. O CD N In Cl) u1 P ry .O 0 c0 U1 nJ .O 'O .) N 4 V .0 V .O r 4 4 4 4 4 4 4 4 7 r it 4 4 4 4 4 t 4 1,- AS 7 t 4 t t 4 t 4 4 4 0 O it t t 4 t t t t t 7 O t 4 . t t It 4 t 4 AC a. t t t t t t 4 t 4 3 4 U' to CO. 14 1A to W 14 14 N u Cl CC t.) ? 7 UI 1-1 T O r > Cc H Z CZ 0 r W tit r 'O 0 4 u N 7 P O. u 1-. 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