HomeMy WebLinkAbout20231536.tiffRESOLUTION
RE: APPROVE STANDARD FORM OF AGREEMENT FOR POST TRAINING AND
EMPLOYMENT SERVICES BETWEEN WELD COUNTY SHERIFF'S OFFICE AND
VARIOUS PROSPECTS, AND DELEGATE AUTHORITY TO SHERIFF'S OFFICE TO
SIGN ANY AGREEMENTS CONSISTENT WITH SAID FORM
WHEREAS, the Board of County Commissioners of Weld County, 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 has been presented with a Standard Form of Agreement for POST
Training and Employment Services between the County of Weld, State of Colorado, by and
through the Weld County Sheriff's Office and various prospects, and
WHEREAS, after review, the Board deems it advisable to approve the Standard Form of
said Agreement, a copy of which is attached hereto and incorporated herein by reference, and to
delegate standing authority to Steve Reams, Weld County Sheriff, to execute individual
agreements between the Weld County Sheriff's Office and various prospects.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Standard Form of Agreement for POST Training and Employment
Services between the County of Weld, State of Colorado, by and through the Weld County
Sheriff's Office and various prospects, be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that Steve Reams, Weld County Sheriff, be,
and hereby is, authorized to sign agreements consistent with said form, with records to be
maintained by the Department of Human Resources.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 5th day of June, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to the Board
ounty ttorney
Date of signature: 06/13/23
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Mike.,Fce man, Chair
2023-1536
SO0044
PE0035
BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: AGREEMENT FOR POST ACADEMY TRAINING AND EMPLOYMENT SERVICES
DEPARTMENT: WELD COUNTY SHERIFF'S OFFICE DATE: MAY 11, 2023
PERSON REQUESTING: UNDERSHERIFF DONNIE PATCH
Brief description of the problem/issue:
Law enforcement agencies throughout Colorado are currently experiencing struggles with obtaining applicants
and retention of qualified law enforcement personnel. The WCSO has a need for deputies who have successfully
completed the Peace Officer Standards and Training (POST) certification examination. Certain trainees, current
employees of the WCSO, have expressed a desire to become POST certified through the AIMS Community
College POST Academy.
To encourage development and retention of current deputies, WCSO is willing to financially assist with a
Trainee's tuition in exchange for maintaining a certain number of years of employment with the WCSO. WCSO
agrees to endorse, and Trainee agrees to successfully complete the POST Academy. WCSO will pay Trainee
at their current Grade and Step Level. WCSO agrees to pay the cost of tuition and provide equipment and
supplies for POST Academy training. All other costs shall be paid by the Trainee. In consideration of this
assistance from the WCSO, Trainee agrees to remain an employee for a period of four (4) years, which is a
Recoupment Period. Should Trainee fail the POST Academy and/or fail to complete four years of service, the
Trainee shall pay the WCSO a sum equal to the value of sending the Trainee to the Post Academy, prorated by
years of service that the Trainee has fulfilled.
This agreement benefits the WCSO in retention of deputies, which will save future costs of recruitment and
training. This agreement benefits current deputies for future advancement opportunities and establishment of
long-term careers with the WCSO.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
If approved, this agreement will benefit the WCSO and Weld County through cost savings and will enhance the
WCSO's ability to retain qualified and experienced law enforcement personnel. Current deputies will have
another great incentive to continue employment with the WCSO and to advance their careers.
If not approved, the WCSO will continue to accept applications for deputies and provide training upon hire, with
increased likelihood that some may elect not to stay employed with the WCSO and seek employment elsewhere.
Recommendation:
It is the WCSO's recommendation that the Board of County Commissioners approve this agreement.
The Sheriffs Office also requests that this be approved as a "form agreement", so that after the Board approves
it on regular business, it may be put on the consent agenda when deputies attending the POST academy sign
the agreements.
2023-1536
�0 ooq4-1
Approve
Recommendation
Perry L. Buck, Pro-Tem
Mike Freeman, Chair
Scott K. James
Kevin D. Ross
Lori Saine
Schedule
Work Session Other/Comments:
AGREEMENT FOR POST ACADEMY TRAINING AND EMPLOYMENT SERVICES
This Agreement is made and entered into this [DATE] by and between the Weld County Sheriffs
Office, hereinafter called "WCSO," and [NAME], a current Weld County employee, hereinafter called
"Trainee."
WITNESSETH:
WHEREAS, WCSO has a need for deputies who have successfully completed the Peace Officer
Standards and Training (POST) certification examination.
WHEREAS, Trainee, a current employee of the WCSO, has expressed a desire to become POST
certified through the AIMS Community College POST Academy.
WHEREAS, to encourage development and retention of current deputies, WCSO is willing to
financially assist with trainee's tuition in exchange for maintaining a certain number of years of
employment with the WCSO.
NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein,
the Trainee and WCSO hereby agrees as follows:
1. POST Academy:
WCSO agrees to endorse, and Trainee agrees to successfully complete, the AIMS Community
College POST Academy, hereinafter referred to as "POST Academy". This training shall
commence on [DATE] and will end by [DATE].
2. Payment of Wages and Benefits:
During Trainee's formal training at the AIMS Community College POST Academy, WCSO
agrees to pay Trainee at their current Grade and Step Level of [##]. Class time and formal
training during participation in the POST Academy is not expected to exceed 40 hour per week
and the WCSO does not anticipate any overtime being accrued by the Trainee for classes and
training during the POST Academy. Additional studying or other voluntary activities will not
be compensated.
3. Payment of Tuition and Equipment:
WCSO agrees to pay the cost of tuition and provide the equipment and supplies required for
POST Academy attendance. All other costs shall be paid by the Trainee, unless specifically
provided otherwise in this Agreement.
4. Transportation Costs:
Weld County will not provide a vehicle, or compensation for mileage, related to attendance
at the POST academy, except for potential off -site training venues that are more than 30 miles
from the AIMS Community College POST Academy Campus (such as the driving course in
Adams County). Any request for mileage reimbursement must be submitted in accordance
with WCSO policy and Weld County Code.
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AGREEMENT FOR POST ACADEMY TRAINING AND EMPLOYMENT SERVICES
5. Position Vacancy:
WCSO agrees not to permanently fill Trainee's position during POST Academy training.
Trainee will at a minimum be able to return to current grade, step, and assignment.
6. Recoupment Period:
In consideration of WCSO providing continuing pay, benefits, and tuition assistance during
POST Academy attendance and training, Trainee agrees to remain employed and to perform
the duties of a WCSO Deputy Sheriff, either in the jail or on patrol, for a period of four (4)
years commencing on the first day of duty following graduation from the POST Academy and
successful completion of the POST certification test. The four-year period shall hereafter be
called the Recoupment Period.
7. Performance, WCSO Personnel Policies:
During attendance at the POST Academy and during thereafter, including the Recoupment
Period, Trainee shall continue to be subject to the policies and procedures set forth in Weld
County Code, Chapter 3, and the WCSO policies. If Trainee is terminated for violation of the
Weld County Code or WCSO policy, before completion of the Recoupment Period, Trainee
may still be liable for reimbursement of damages, as described under Section 9 of this
Agreement.
8. Breach of Contract:
a. Trainee's failure or refusal to successfully complete the POST Academy and certification
test; or failure or refusal to satisfactorily perform the duties of Deputy Sheriff for WCSO
during the Recoupment Period may be considered, at Weld County's sole discretion, a
breach of this Agreement by Trainee and trigger collection of damages. Trainee's inability
to pass the certification test after completion of the POST academy will not be considered
a breach of this Agreement if the deputy has made reasonable efforts to pass the test and
still fulfills the Recoupment Period requirement with the WCSO after completion of the
academy.
b. Trainee's failure to successfully complete the POST Academy and certification test and to
perform the duties of Deputy Sheriff during the four (4) year Recoupment Period solely
due to Trainee's death or permanent total disability shall not constitute a breach of this
Agreement. Trainee's death or permanent total disability shall result in the termination
of all rights, duties, and obligations set forth in this Agreement.
9. Damages.
a. If a breach of this Agreement occurs, Trainee shall repay to WCSO a sum equal to the
value of sending the Trainee to the Post Academy, prorate by years of service that Trainee
fulfilled.
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AGREEMENT FOR POST ACADEMY TRAINING AND EMPLOYMENT SERVICES
b. Specifically, Trainee's duty to repay during the Recoupment Period shall be reduced by
the Trainee's length of service after completion of the academy, as follows:
If Trainee's Length of Service is:
1st year (day 1-365)
2"d year (day 366-730)
3' year (day 731-1095)
4th year (day 1096-1460)
Then Trainee's repayment requirements is:
$20,000
$15,000
$10,000
$5,000
c. Trainee and WCSO acknowledge that it is impossible to ascertain the entire or exact cost,
damage, or injury which WCSO may sustain by reason of Trainee's breach of this
Agreement. The above -described methods of offset are agreed upon as compensation for
any injury suffered by WCSO under this Agreement.
10. Attorney Fees.
Trainee further agrees that in the event WCSO incurs attorney's fees, court costs, or other
costs of collection in an effort to collect any sums owed to Weld County pursuant to this
Agreement by reason of Trainee's breach, Trainee may be liable for attorney fees.
11. Severability.
If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, this Agreement shall be construed
and enforced without such provision, to the extent that this Agreement is then capable
of execution within the original intent of the parties.
12. Governmental Immunity.
No term or condition of this Agreement shall be construed or interpreted as a waiver,
express or implied, of any of the immunities, rights, benefits, protections, or other
provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as
applicable now or hereafter amended.
13. Acknowledgement and Legal Review.
a. Trainee acknowledges having read and understands the Agreement. Further, Trainee
agrees to be bound by its terms and conditions herein.
b. Before signing Trainee acknowledges and understands the right to have this document
examined by an attorney and received legal advice prior to execution of the agreement.
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AGREEMENT FOR POST ACADEMY TRAINING AND EMPLOYMENT SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Contract on the date first written.
TRAINEE
[NAME] Date
WELD COUNTY SHERIFF'S OFFICE
Weld County Sheriff or Designee Date
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