HomeMy WebLinkAbout20240263.tiffWELD COUNTY
CODE ORDINANCE 2024-03
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IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 10 SOCIAL SERVICES, OF THE WELD COUNTY CODE
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, on December 28, 2000, adopted
Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld,
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that Chapter 10 Social Services of the Weld County Code be,
and hereby is, repealed and re-enacted, with amendments, to read as follows.
CHAPTER 10
SOCIAL SERVICES
Delete Chapter 10 in its entirety — RESERVED
Process
Art.
C.C.R. 2509-5, Section 7.200.3.
Sec. 10-1-20. Purpose.
is- ou nd at 12
The information contained in this Chapter is intended to fulfill three purposes: 1) to inform
grieving parties of their rights and obligations in the Conflict Resolution Process; 2) to act as
written view Panel and conflict resolution
process; and 3) to comply with the requirements of the -egai authority and requirements cited
above —
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ORD2024-03
Sec. 10-1-30. Definitions:
Pane
neglect.
Admini.trative Liaison means a person who has been appointed by the Board for the
purpose of asE sting the Citizen Review P ies pursuant
to these proce lures and conflict resolution process.
Board means the Board of County Commissioners of Weld County.
Citizen Review Panel m
recom mend
in performing heir duties under Article 3 of the Colorado Children's Code.
inted by the S
abuse or neglect n'
of -child abuse or neg
Section 19-3-211, C.R.S.
Condu,t means an illegal, malicious, negligent, or dangerous behavior by a county
department enployee f the Children's Code.
Director means the Director of the Weld County Department of Social Services.
Department, or a complaint filed by a co aina-nt concern+ng the conduct of Department
employees in performing their duties unce-r Arti-cle 3 of the Colorado Children's Code. The term
does not include complaints regards -rig actions by the courts, attorneys, taw enforcement officials,
other family members.
Recorr mendation means a proposed course of action that may be implemented by the
Director to resolve a grievance. These proposed actions may i-ncl-ucie recommendations for case
disciplinary action is initiated against the subject employee as a result of the panel's
recommendat ons, he or she is entitled to all applicable safeguards, in
appeal, afforded under the provisions of Chapter a of this Code.
Subject employee means an employee of the Department whose conduct is the subject
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of a grievance.
Sec. 10
. •
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members and two
the Department or the State Department of Human Services.
B Membership qualificatio
influence from
Panel shall be residents of
demonstrable pers
not be employees or b �� ^{ +ho flcr»hmon4
Services. At least one (1) of the members must be
his or her appointment.
for reappointment at the end of the first term, but in no event may s
consecutive terms.
�. Attendance. In the event that a r d a meeting or meetings
of the Citizen Review Panel, one (1) of the alternate members shall act in the absent
member's place.
E Vacancy. In the event that a member dies or resigns prior to the expiration of that
,
discretion of the Board for nonperformance of duty or misconduct.
Sec. 10-1-50. Officers and meetings.
A
moved at the sole
Chair and Vice Chair. A Chair and Vice Chair shall be elected annually by a majority of
the membership of the Citizen Rev-iew Panel. The Chair shall be responsible for
the Chair.
B Role of administrative Ii
Citizen Review Panel and provide nee
notice of
ttend all meetings of the
secretary to the Citizen Review Panel.
Time and place of meet.
for meetings. Meetings shall be called as needed by the Chair.
termi-ne a time and place
Quorum and vote. Three (3) members shall constitute a quorum- of the Citizen Review
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of those members present needed to approve a vote.
utter, if the member has a
financial, persc nal or official interest in, or
such an intere or conflict shall reveal such fact, to the extent possible, prior to any Citizen Review
Panel meeting or action on the matter, and shall refrain from sitting and participating with the
Panel in its
�.AM A� AY�/Y AAA.A.a V\ AN A..AA MA A ea
�..�... ��.�.�.. ..�.......�..�. ..... .... , .... ��.._� member sia
testify before t ie Citizen Review Panel on any such matter, in order to avoid any appearance of
undue influence on the other panel members
Sec. 10-1-70. 3rievance process.
A. Filing the grievance.
1. Written grievance. The grievance must be submitted to the Administrative Liaison
in writing no later than sixty -(-6-0) calendar days of the alleged incident of employee
conduct which is complained of, and must state the following information:
A short, specific statement of the complainant's grievance.
c. The applicable case na
d. The resolution desired by the complainant.
When a writing is received, within two (2) working days of such receipt, the
term is defined in Section 10-1-130 of this Code, filed according to the time
requirements set forth in this Section. If the writing sets forth a grievance and is
Services Administrator, who shall attempt to resolve it
ction, it shall
be transmitted within ten (10) working days of its receipt by the Department to the
Director for resolution. If the Administrative Liaison determines that the writing is
not a grievance, the complainant may appeal such cetermination to the Board of
County Commissioners, pursuant to -the procedures set forth in Section 2 4-10 of
this Code, with the exception that the written a-ppeat must be received by the Clerk
to the Board no later than thirty (30) calenda
2 Director action. Regardless of whether the grievance concerns an action or the
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decision. If the grievance is resolved to the complainant's satisfaction, the
grievance is considered closed.
a. If the grievance concerns an employee's conduct, is not resolved to the
complainant's satisfaction within said twenty (20) lendar days and the
complainant has
Panel, the Director shall ref
consideration.
Panel --for
b Filing a grievance concerning an action by a Department employee does
not modify the tim • then forms of rehef available under
Colorado statute or the rules governing child welfare services. If the
grievance concerns an action by a Department employee and the
complainant is not satisfied with the r
3. view Panel. The smitted within
five (5) working days to the Citizen Review Panel, together with the Director's
proposed resolution.
�1 Citizen Review Panel to convene hearing. Within thirty (30) calendar days after
receipt of the grievance from the Director, the Citizen Review Panel shall review
or convene a hearing and send its written recommendation regarding the
grievance, together with the bads for its recommendation, to the Director,
complainant and subject employee.
cl- ffici n----- - les of fundamental
fairness with respect to all interested pa-rtie-s. The following guidelines shall apply:
d the subject
employee, or one (1) nonlegal representative of each, may directly address the
Citizen Review Panel.
2 Presentations. The complainant shad be allowed one-half (1/2) hour in which to
present his or her grievance, including any pertinent documentation. The subject
employee shall then be allowed one half (1/2) hour in which to respond to the
grievance, including any
Review Panel may ask questions at any time during the presentations. At the
conclusion of the presentation, of the Panel may ask either the complainant or the
subject employee to respon
unless the documentation is directly related to a grievance properly referred.
3 Testimony. At the request of the complainant or the subject employee, the Citizen
Review Panel may, as part of its review, take informal testimony submitted
voluntarily and without oath or fee by experts or other individuals, including
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Department personnel. Such testimony is not subject to cross-examination or
)bjection by the parties to the grievance, but Citizen Review Panel members may
and receive information from any other county or city and county that may be
aertinent to the grievance. The Citizen Review Panel may not receive any
:estimony unless the testimony is directly related to a grievance properly referred.
Attendance. No persons other than members of the Citizen Review Panel,
complainant, his or her nonlegal representative, subject employee, his or her
attend the hearing.
5 Deliberation. At the co
deliberatio eview Panel and
the Administrative Liaison present. If desired by the Citizen Review Panel, it may
consult with the County Attorne ing the grievance or the
Panel's recommendation.
ecord of all of its
thereof because of the confidential nature of the proceedings.
Citizen Review Panel r atioan-s. Within thirty (30) days after its receipt of
the grievance, the Citizen Review Panel shall submit a written recommendation
concerning the grievance, along with the basis of its recommendation, to the
Director, complainant and subject employee. If the Director, complainant or subject
she may submit them to the Citizen Review Panel in written form, within five (5)
working days of receiving the recommendation, with a copy to the other parties.
The Citizen Review Panel shall then respond, in writing, to such inquiry within two
C Finalit} of review.
1. Further inquiry. Once the Citizen Review Panel has made a recommendation
conce • r the time for making such a recommendation has
vance.
2 Additional grievance. Once the C#ize-n Review Panel has reviewed a grievance, it
shall not review any additional grievance -filed by tie same complainant concerning
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3. No inquiry. The Citizen Review Panel may not inquire into actions of a Department
employee if no grievance concerning that employee has been filed and such
grievance has not been prosy -referred to the Panel for r
Citizen Review Panel may not inquire into the conduct of courts, attorneys, law
he State Department of Human Services, foster parents or
D Post review procedures.
1. Director review. Within thirty (30) calendar days of receipt of the final
recommendation of the Citizen Review Panel, the Director shall review the
recommendation and indicate whether or not he or she is in agreement. If a -request
run until receipt of the written res
onse from the Citizen Review Pane
If t
final decision as to the recommended course of action, which shall be provided to
the complainant and subject employee. If the complainant is in agreement -with the
Director's final written decision, the grievance is considered closed.
d. If either the complainant or Director disagrees with the
recommendation of the Citizen Review Panel, the grievance shall be referred to
the Board for review. Notice of such disagreement must be in writing and be
er the
receipt of the Director's final written decision. Such referral must be made by the
Dire
the Citizen Revi ,
receiving the Director's final decision. All referrals to the Board must be in writing.
3- Board recommendation. Within thirty (30) calendar days of receiving the grievance,
the Board shall submit its written recommendation, and basis for such
subject employee.
Director's final written decision. The Director shall then issue a final written decision
that shall include the Director's plan for implementation of the recommendation.
This final decision of the Director sha
employee. Such decision is final and may not be appealed by the complainant. If,
by the Director's decision, disciplinary action is initiated against the subject
employee, he or she is entitled to all , i g procedural
rights of appeal afforded under the provisions of Chapter 3 of this Code.
5 Director's final report to Citizen Review Panel. The Director shall prepare and send
a written report, which details the disposition of the grievance, to the Citizen
Review Panel within thirty (30) calends' days after he or she issues the final written
ee shall both be provided a copy of
report to the Citizen Review Panel.
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uthority. Recommendations made by the Citizen
and wSich may be implemented by the Director. The recommendation may include
recomnendations for case reassignment, personnel training and disciplinary action
against the subject employee. If any discipline
employee as a result of the Panel's reco
3 of this Code.
Recorr-ne
author' y of the Citizen Review Panel and cannot be made include, but are not limited to,
the foil )wing:
1. e or neglect should or should not be
of an inckle-nt of abuse or neglect should result
3. Recommendation as to whether or not dependency or neglect or criminal charges
should be filed.
substantiated.
4 Recommendation as to what orders should be entered in any legal action.
including but not limited to orders concerning ch+ld custody, placement or visitation.
Recommendation regarding the removal of a child from his or her parent, guardian
or custodian.
nd confidentiality.
A. Meetings closed to public. Because the work of the Citizen Review Panel deals with
nd personnel matters,
meeti
B Access to records and reports. Pursuant to Section 19-3-241-(1)-(f), C.R.S., R . s . , the Citizen
redacted from such reports. Additi-onaity, no participant in the conflict resolution process,
or she has been provided access. Each member of the Citizen Review Panel shall be
required, as a condition of membership, to dging the
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confidential nature of the information c
other information from the Department files to be shared with the Citizen Review Panel,
ntial
information to which he or she has been provided access as part of h4s or her duties as a
panel member.
Statistical information. Statistical information which does not disclose the names of
6
Sec. 10-1-100. Reports.
A. Annual report to State Department of Human Services. On or before July 31 of each year,
The number of grievances received by the Director.
2. The number of grievances referred to the Citizen Review Panel.
3. The number of grievances referred to the Board.
The actual time frames for resolving grievances at each level.
5. A copy of this grievance policy.
A list identifying the Citizen Review Panel members.
A brief descri-ption of the disposition of the grievances, including the following:
a
c.
4
le number re -so
ve
WI
eau: ac
ion
aKen.
The number resolved by case reassignment.
The number resolved by requiring additional training.
The number -resolved by ifn-posing disciplinary action against a
Department employee.
e The number resolved in other ways.
Sec. 10-1-110. Applicability.
The Citizen Review Panel procedures and conflict resolution process set forth herein shall
apply to complaints concerning the conduct of Department personnel in performing their duties
pug I ugust 11,
2004, the date of adoption by the Board.
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BE IT F URTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County Code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and lumbering or placement of chapters, articles, divisions, sections, and subsections
in said Code
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph,
sentence, cla Jse, 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 Courty Commissioners hereby declares that it would have enacted this Ordinance in
each and ever' 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 2024-03 was, on motion duly made and
seconded, adc pted by the following vote on the 6th day of March, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Kevin D. Ross, Chair
Weld County Clerk to the Board
Perry L. Buck, Pro-Tem
BY:
Deputy Cerk to the Board
Mike Freeman
APPROVED I S TO FORM:
Scott K. James
County A torney
Lori Saine
Date of signature:
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First Reading
Publication
January 31, 2024
February 4, 2024, in the Greeley Tribune
Second Reading February 21, 2024
Publication February 25, 2024, in the Greeley Tribune
Final Reading March 6, 2024
Publication March 10, 2024, in the Greeley Tribune
Effective March 15, 2024
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