HomeMy WebLinkAbout20232509.tiffNOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2023-14 was introduced on
first reading on August 28, 2023, and a public hearing and second reading was held on
September 11, 2023. A public hearing and final reading was completed on September 25, 2023,
with no change being made to the text of said Ordinance, and on motion duly made and seconded,
was adopted. Effective date of said Ordinance is listed below.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weld.gov). Email messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your email
correspondence into the case file, please send a copy to egesick@weld.gov.
Ordinance No. 2023-14
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 3
Human Resources of the Weld County Code
Effective Date: October 4, 2023
Board of County Commissioners
Weld County, Colorado
Dated: September 27, 2023
Published: September 29, 2023, in the Greeley Tribune
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weld.gov.
Orolnanee o. 2023-14
ordinance Tttle: In the matter of Repealing and Reenacting, with
Amendments, Chapter 3 Human Resources of the Weld County
Code
Elfectfve Gate: October 4, 2023
Board of County Commissioners
Weld County, Colorado
Dated• Se tember 27, 2023
Published: September 29, Z023, in the Greeley Tribune - 2006520
Prairie Mountain Media, LLC
PUBLISHER'S AFFIDAVIT
County of Weld
State of Colorado
The undersigned, Agent , being first duly sworn
under oath, states and affirms as follows:
1. He/she is the legal Advertising Reviewer of
Prairie Mountain Media LLC, publisher of the
Greeley Tribune.
2. The Greeley Tribune is a newspaper
of general circulation that has been published
continuously and without interruption for at least
fifty-two weeks In Weld County and
meets the legal requisites fora legal newspaper
under Colo. Rev. Stat. 24-70-103.
3. The notice that is attached hereto is a true copy,
published in the Greeley Tribune
in Weld County on the following date(s):
Sep 29, 2023
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Signature
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(SEAL)
SHAYLA NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174031965
MY COMMISSION EXPIRES July 31, 2025
Account: 1099690
Ad Number: 2006520
Fee: $15.00
NOTICE OF
SECOND READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2023-14 was introduced on
first reading on August 28, 2023, and a public hearing and second reading was held on
September 11, 2023, with no change being made to the text of said Ordinance. A public hearing
and third reading is scheduled to be held in the Chambers of the Board, located within the Weld
County Administration Building, 1150 O Street, Greeley, Colorado 80631, on September 25,
2023. All persons in any manner interested in the next reading of said Ordinance are requested
to attend and may be heard.
Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations
in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weld.gov). Email messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your email
correspondence into the case file, please send a copy to egesick@weld.gov.
Ordinance No. 2023-14
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 3
Human Resources of the Weld County Code
Date of Next Reading: September 25, 2023, at 9:00 a.m.
Board of County Commissioners
Weld County, Colorado
Dated: September 13, 2023
Published: September 15, 2023, in the Greeley Tribune
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No. 2023.14
Ordinance Title: In the Matter of Repealing and Reenacting, with
Amendments, Chapter 3 Human Resources of the Weld County
Code
Date of Next Readim�: September 25, 2023, at 9:00 am.
Board of County Commissioners
Weld County, Colorado
Dated September 13, 2023
Polished: September 15, 2023, in the Greeley Tribune • 2003502
Prairie Mountain Media, LLC
PUBLISHER'S AFFIDAVIT
County of Weld
State of Colorado
The undersigned, Aaent . being first duly sworn
under oath, states and affirms as follows:
1. He/she is the legal Advertising Reviewer of
Prairie Mountain Media LLC, publisher of the
Greeley Tribune.
2. The Greeley Tribune is a newspaper
of general circulation that has been published
continuously and without interruption for at least
fifty-two weeks In Weld County and
meets the legal requisites fora legal newspaper
under Colo. Rev. Stat. 24-70-103.
3. The notice that is attached hereto is a true copy,
published in the Greeley Tribune
in Weld County on the following date(s):
Sep 15. 2023
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I day of`�A�J��r�J s s/{IA/'�'//(I/,,If/�SPILL& 1(1
Notary Public
(SEAL)
J
SHAYLA NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174031965
MY COMMISSION EXPIRES July 31, 2025
Account:
Ad Number:
Fee:
1099690
2003502
$18.00
NOTICE OF
FIRST READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance Number 2023-14 published below,
was introduced and, on motion duly made and seconded, approved upon first reading on
August 28, 2023. A public hearing and second reading is scheduled to be held in the Chambers
of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley,
Colorado 80631, on September 11, 2023. All persons in any manner interested in the reading of
said Ordinance are requested to attend and may be heard.
Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233,
prior to the day of the hearing if, as the result of a disability, you require reasonable
accommodations in order to participate in this hearing.
Any backup material, exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the Board of
County Commissioners, located within the Weld County Administration Building, 1150 O Street,
Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be
accessed through the Weld County Web Page (www.weld.gov). Email messages sent to an
individual Commissioner may not be included in the case file. To ensure inclusion of your email
correspondence into the case file, please send a copy to egesick@weld.gov.
Ordinance No. 2023-14
Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 3
Human Resources of the Weld County Code
Date of Next Reading: September 11, 2023, at 9:00 a.m.
Board of County Commissioners
Weld County, Colorado
Dated: August 29, 2023
Published: September 1, 2023, in the Greeley Tribune
WELD COUNTY
CODE ORDINANCE 2023-14
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3
HUMAN RESOURCES, 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
2023-2509
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 3 Human Resources of the Weld County Code
be, and hereby is, repealed and re-enacted, with amendments, to read as follows.
CHAPTER 3
HUMAN RESOURCES
Add Sec. 3-2-15. Harassment, to read as follows:
A. Sexual and Other Prohibited Harassment
1. The County is committed to providing a work environment that is free of prohibited
harassment. As a result, the County maintains a strict policy prohibiting sexual harassment
and harassment against applicants and employees based on any legally -recognized
status, including, but not limited to: race, color, religion, sex, pregnancy (including
lactation, childbirth or related medical conditions), sexual orientation, gender identity, age
(40 and over), national origin or ancestry, physical or mental disability, genetic information
(including testing and characteristics), veteran status, marital status, uniformed
servicemember status or any other status protected by federal, state or local law.
2. The County's anti -harassment policy applies to all persons involved in its operations,
regardless of their position, and prohibits harassing conduct by any employee of the
County, including department heads and supervisors. This policy also protects employees
from prohibited harassment by third parties, such as customers, vendors, clients, visitors,
or temporary or seasonal workers. If such harassment occurs in the workplace by
someone not employed by the County, the procedures in this policy should be followed.
The workplace includes: actual worksites, any setting in which work -related business is
being conducted (whether during or after normal business hours), County -sponsored
events, or County owned/controlled property.
3. The County prohibits unlawful harassment, including sexual harassment, as well as
conduct that does not rise to the level of being unlawful. This policy is not designed or
intended to limit the County's authority to discipline or take remedial action for workplace
conduct that the County deems unacceptable, regardless of whether that conduct satisfies
the definition of unlawful harassment or sexual harassment.
B. Sexual Harassment Defined
1. Sexual harassment includes unwanted sexual advances, requests for sexual favors or
visual, verbal or physical conduct of a sexual nature when:
a. Submission to such conduct is made a term or condition of employment; or
b. Submission to, or rejection of, such conduct is used as a basis for employment
decisions affecting the individual; or
c. Such conduct has the purpose or effect of unreasonably interfering with an employee's
work performance or creating an intimidating, hostile or offensive working
environment.
2. Sexual harassment includes various forms of offensive behavior based on sex. The
following is a non -exhaustive list of the types of conduct prohibited by this policy:
a. Unwanted sexual advances or propositions (including repeated and unwelcome
requests for dates);
b. Offers of employment benefits in exchange for sexual favors;
c. Making or threatening reprisals after a negative response to sexual advances;
d. Visual conduct: leering, making sexual gestures, displaying of sexually suggestive
objects or pictures, cartoons, posters, websites, emails or text messages;
e. Verbal conduct: making or using sexually derogatory comments, innuendos, epithets,
slurs, sexually explicit jokes, or comments about an individual's body or dress,
whistling or making suggestive or insulting sounds;
f. Verbal and/or written abuse of a sexual nature, graphic verbal and/or written sexually
degrading commentary about an individual's body or dress, sexually suggestive or
obscene letters, notes, invitations, emails, text messages, tweets or other social media
postings;
g.
Physical conduct: touching, assault or impeding or blocking normal movements;
h. Retaliation for making reports or threatening to report sexual harassment.
C. Other Types of Harassment
1. Harassment on the basis of any legally protected status is prohibited, including
harassment based on: race, color, religion, sex, pregnancy (including lactation, childbirth
or related medical conditions), sexual orientation, gender identity, age (40 and over),
national origin or ancestry, physical or mental disability, genetic information (including
testing and characteristics), veteran status, marital status, uniformed servicemember
status or any other status protected by federal, state or local law. Prohibited harassment
may include behavior similar to the illustrations above pertaining to sexual harassment. It
also includes, but is not limited to:
a. Verbal conduct including taunting, jokes, threats, epithets, derogatory comments or
slurs based on an individual's protected status;
b. Visual and/or written conduct including derogatory posters, photographs, calendars,
cartoons, drawings, websites, social media, emails, text messages or gestures based
on an individual's protected status; and
c. Physical conduct including assault, unwanted touching or blocking normal movement
because of an individual's protected status.
2. The Director of the Department of Human Resources will oversee the investigation in such
incidents. Upon completion of the timely investigation, the Director of the Department of
Human Resources shall report the findings to the appropriate department head or elected
official for possible disciplinary action. All cases of harassment will be handled with strong
disciplinary action, up to and including termination from employment.
3. All supervisors and managers are responsible for:
a. Implementing this policy, which includes, but is not limited to, taking steps to prevent
harassment and retaliation;
b. Ensuring that all employees under their supervision have knowledge of and
understand this policy;
c. Promptly reporting any complaints to the Director of Human Resources representative
so they may be investigated and resolved in timely manner;
d. Taking and/or assisting in prompt and appropriate corrective action when necessary
to ensure compliance with this policy; and
e. Conducting themselves, at all times, in a manner consistent with this policy.
4. Failure to meet these responsibilities may lead to disciplinary action, up to and including
termination.
Delete Sec. 3-3-50. Harassment.
ARTICLE VI — Leave Time Benefits
Repeal and Reenact Sec. 3-6-20. Sick leave, to read as follows:
The County provides eligible employees with paid sick and safe leave ("PSSL") and public
health emergency leave ("PHEL") in accordance with the requirements of Colorado's Healthy
Families and Workplaces Act ("HFWA").
A. Eligibility
1. All employees are eligible to accrue PSSL and may receive supplemental sick leave for
use during a public health emergency (as defined further below). If any paid leave is
available, the employee must use available balance before unpaid leave.
B. Paid Sick and Safe Leave (PSSL)
1. Sick leave (PSSL) can be used in the following circumstances:
a. When an employee is unable to perform job duties because of physical or mental
illness, injury, or health condition, or any other medically disabling condition, or to care
for a family member who has a mental or physical illness, injury, or health condition.
b. To obtain a medical diagnosis, care, or treatment of a mental or physical illness, injury
or health condition of the employee or employee's family member, or to obtain
preventative medical care for the employee or the employee's family member.
i) When planning medical treatment or appointments an employee should consult
with his or her supervisor and make a reasonable effort to schedule the treatment
so as not to disrupt unduly the employer's operations. The employee and
supervisor will attempt to work out a schedule for such leave that meets the needs
of both the employer and the employee. In cases where disruption may occur, the
employee shall notify their supervisor as soon as they are aware of the treatment
or appointment.
c. If the employee or a family member is the victim of domestic abuse, sexual assault or
harassment and needs leave to:
i) Seek medical attention to recover from a mental or physical illness, injury, or health
condition caused by the domestic abuse, sexual assault, or harassment;
ii) Obtain services from a victim service organization;
iii) Obtain mental health or other counseling;
iv) Seek relocation due to the domestic abuse, sexual assault, or harassment; or
v) Seek legal services, including preparing for or participating in a civil or criminal
proceeding relating to or resulting from the domestic abuse, sexual assault, or
harassment.
2. When, due to a public health emergency (as defined below), a public official has ordered
the closure of:
a. The employee's place of business; or
b. The school or place of care of the employee's child and the employee needs to be
absent from work to care for their child.
3. To grieve, attend funeral services or memorial or deal with financial and legal matters that
arise after a family members death.
4. To care for a family member whose school or place of care has been closed due to
inclement weather, loss of power, loss of heating, loss of water, or other unexpected
occurrence or event that results in the closure of the family member's school or place of
care.
5. To evacuate their place of residence due to inclement weather, loss of power, loss of
heating, loss of water, or other unexpected occurrence or event that results in the
employee's need to evacuate their residence.
6. For purposes of this policy, a "family member" means:
a. An employee's immediate family member (i.e., a person related by blood, marriage,
civil union or adoption);
b. A child to whom the employee stands in loco parentis;
c. A person who stood in loco parentis to the employee when the employee was a minor;
or
d. A person for whom the employee is responsible for providing or arranging health -or
safety -related care.
7. PSSL can be used as it is accrued. However, the County may verify employee hours within
the month after work is performed and adjust PSSL accrual amounts to correct any
inaccuracy. The County will notify employees in writing of any such change in accrued
PSSL amounts.
8. PSSL may be used in fifteen (15) minute increments or greater. Failure to use PSSL in
good faith and for the reasons specified in this policy can result in discipline.
9. Accrual of Sick Leave (PSSL): The accrual rate is shown in Table 3.5:
Table 3.5
Sick Leave (PSSL) Accrual Rates
Type of Employee
Regular Employee Full -Time
Part -Time 0.75
Sick Accrual (PSSL)
8.00 hours per month
6.00 hours per month
4.00 hours per month
Part -Time 0.50
Each employee's accrual amount of paid sick leave will meet or exceed the HFWA
requirement of at least one (1) hour of paid sick leave for every thirty hours worked by the
employee.
10. For employees hired before January 1, 1985, accumulated sick leave is payable upon
termination at one-half (%) the hours of accumulated unused sick leave, not to exceed
one (1) month's salary. Employees hired after January 1, 1985, will not be paid for
accumulated sick leave upon termination of employment.
11. The County will allow use of PSSL for a covered use upon request. Requests can be made
orally or in writing (including electronically). When possible, employees should include the
expected duration of the absence in their request for leave. An employee should report his
or her absence daily directly to his or her supervisor within one (1) hour before the
employee's regular starting time. Not contacting the supervisor and obtaining an approved
absence for three (3) days may be considered abandonment of the job and may result in
termination or disciplinary action.
12. Employees are not required to search for or find a replacement worker to cover the hours
during which they are using PSSL. The County will not count employees' use of PSSL in
compliance with this policy as an absence when evaluating absenteeism. Therefore, any
such use of PSSL will not lead to or result in discipline, demotion, suspension, or
termination.
13. An employee who is absent from work for medical reasons for more than four (4)
consecutive work days, may be required to provide a doctor's certification and to complete
all forms as directed under the Family Medical Leave Act (FMLA). The County will not
require the disclosure of details regarding an employee's or employee's family member's
health information or the domestic violence, sexual assault, or stalking that is the basis for
the request for leave.
14. Advanced PSSL is not permitted. Employees may not carry negative sick hours. The
County will not pay out earned PSSL in lieu of taking the time except as provided in Section
C above.
15. An employee who calls in sick when scheduled for any mandatory worktime must use
available sick time.
16. An employee cannot accumulate more than four -hundred eighty (480) hours of sick leave
(prorated for part-time employees). Employees carry over accrued but unused PSSL from
one year to the next without forfeit.
C. Public Health Emergency Leave (PHEL)
In addition, and supplemental to, the PSSL described above, the County will provide
employees with PHEL in accordance with the terms below.
1. For purposes of this policy, a "public health emergency" is:
a. An act of bioterrorism, a pandemic influenza or an epidemic caused by a novel and
highly fatal infectious agent, for which:
i) An emergency is declared by a federal, state, or local public health emergency; or
ii) A disaster emergency is declared by the governor; or
b. A highly infectious illness or agent with epidemic or pandemic potential for which a
disaster emergency is declared by the Governor.
2. On the day a public health emergency is declared, an employee will immediately be able
to request a one-time supplement of PHEL in addition to whatever amount of PSSL that
employee has available at the time of the request.
3. Employees who normally work forty or more hours in a week, and who do not have at least
80 hours of PSSL available, will have immediate access of 80 hours of total paid leave,
which will include any amount of PSSL the employee has available at that time.
4. Employees who normally work fewer than 40 hours per week, and who do not have
enough PSSL to satisfy the amounts described herein, will have immediate access to paid
leave equaling the greater of: (1) the amount of hours the employee is scheduled for work
in the 14 -day period after the leave request; or (2) the amount of time the employee
actually worked in the 14 -day period prior to the declaration of the public health emergency
or the leave request, whichever is later, inclusive of any PSSL the employee has available
at that time.
5. From the declaration of a public health emergency until four weeks after the official
termination or suspension of the emergency declaration, PHEL can be used for any of the
following reasons:
a. To self -isolate and care for oneself or a family member who is self -isolating because
the employee or family member is diagnosed with, or experiencing symptoms of, a
communicable illness that is the cause of a public health emergency.
b. To seek or obtain for oneself or care for family member who needs a medical
diagnosis, care, or treatment if experiencing symptoms of a communicable illness that
is the cause of a public health emergency.
c. To seek for oneself or a family member preventive care concerning a communicable
illness that is the cause of a public health emergency.
d. An employee is unable to work because the employee has a health condition that may
increase susceptibility to or risk of communicable illness that is the cause of the public
health emergency.
e. Either the County or a public health authority with appropriate jurisdiction determines
that an employee's presence on the job or in the community would jeopardize the
health of others because of the individual's exposure to a communicable illness that is
the cause of a public health emergency or because the individual is exhibiting
symptoms of such a communicable illness, regardless of whether the individual has
been diagnosed with the illness.
f. To care for a family member after either the family member's employer or a public
health authority with appropriate authority determines that the family member's
presence on the job or in the community would jeopardize the health of others because
of the family member's exposure to a communicable illness that is the cause of a public
health emergency or because the family member is exhibiting symptoms of such a
communicable illness, regardless of whether the family member has been diagnosed
with the illness.
g. To care for a child or other family member when their childcare provider is unavailable
due to a public health emergency or their school or place of care has been closed due
to a public health emergency (including when the school or place of care is physically
closed but providing instruction remotely).
6. Employees are only eligible for these amounts of PHEL one time during the entirety of a
public health emergency (even if the public health emergency is extended, amended,
restated, or prolonged).
7. During a public health emergency, employees will continue to accrue PSSL in accordance
with this policy.
8. When the need for PHEL is foreseeable and the workplace has not been closed,
employees must notify the County of the need for PHEL as soon as practicable. To provide
notice of the need to use PHEL, employees should contact Human Resources.
D. Rate of Pay
1. PSSL and PHEL are paid at the same hourly rate or salary (not including overtime,
bonuses or holiday pay) and with the same benefits, including healthcare benefits, as the
employee normally earns during hours worked. Leave will be paid on the same schedule
as regular wages.
2. The pay rate for leave will be at least the applicable minimum wage. The pay rate will be
calculated based upon the employee's pay over the 30 calendar days prior to taking leave.
If an employee has not yet worked 30 calendar days, the longest available period will be
used.
E. Employee Records Requests
Upon an employee's request, the County will provide (in writing or electronically)
documentation indicating the current amount of PSSL and PHEL available for use and the amount
of such leave already used during the current year. Employees will be allowed to make one such
request per month, except they may make an additional request when any need for PSSL or
PHEL arises.
F. Effect on Other Rights and Policies
The County may provide other forms of leave for employees to care for medical conditions or
for issues related to public health emergencies or domestic abuse, sexual assault, or harassment
under certain federal, state and local laws. In certain situations, leave under this policy may run
at the same time as leave available under another federal, state, or local law, provided eligibility
requirements for that law are met. The County is committed to complying with all applicable laws.
Employees should contact Human Resources for information about other federal, state and local
medical, victim, public health emergency, or family leave rights.
G. Confidentiality
The County will keep confidential the health or safety information of an employee or
employee's family member. Such information will not be disclosed except to the affected
employee, with the written permission of the affected employee or as otherwise required by law.
H. Separation from Employment
Compensation for accrued and unused PSSL or available PHEL is not provided upon
separation from employment for any reason. If an employee is rehired by the County within six
months of separation from employment, previously accrued but unused PSSL will be immediately
reinstated.
I. Retaliation
Employees have the right to request and use PSSL and PHEL in a manner consistent with
the HFWA. The County will not discriminate or retaliate, or tolerate discrimination or retaliation,
against any employee who: seeks or obtains leave in accordance with this policy; files a complaint
regarding an alleged violation of the HFWA; participates in an investigation, hearing or proceeding
or cooperates in or assists with an investigation related to an alleged violation of the HFWA;
informs any person of their potential rights under the HFWA; or otherwise exercises their rights
under the HFWA.
Amend Sec. 3-6-80. Bereavement leave.
Leave of absence with pay because of death in the immediate family may be granted to
regular and part-time employees by the department head or elected official for a period not to
exceed three (3) working 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 an employee's
immediate family member (i.e., a person who is related by blood, marriage, civil union or
adoption); a child to whom the employee stands in loco parentis or a person who stood in locos
parentis to the employee when the employee was a minor; or a person for whom the employee is
responsible for providing or arranging health or safety related care.
ARTICLE VII — Wages and Hours
Amend Sec. 3-7-70. Compensatory time off.
A. Compensatory time off (comp time) in lieu of overtime may be given if there is an
understanding between the department and the employee to provide time off as compensation
for overtime. To maintain a record of this understanding, a comp time form is available from
the Accounting Department.
B. Employees can accrue up to 80 hours of comp time, however, any time above 80 hours will
be paid out as overtime. Any comp time over 40 hours will be paid out on the second check
in April annually bringing all balances to 40 hours. Employees can make a one-time request
for payout or partial payout of comp time by contacting payroll.
C. If an employee is eligible for comp time and is promoted to a salaried position, the employee
will be paid out all earned comp time at the rate of pay prior to their promotion and is no longer
eligible for comp time.
BE IT FURTHER 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 numbering 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, 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.
Affidavit of Publication
STATE OF COLORADO
SS.
County of Weld,
I, the undersigned agent, of said County of Weld,
being duly sworn, say that I am an advertising
clerk of
THE GREELEY TRIBUNE,
that the same is a three days weekly plus Sunday
newspaper of general circulation and printed and
published in the City of Greeley in said county and
state; that the notice or advertisement, of which the
annexed is a true copy, has been published in said
daily newspaper for consecutive (days): that the
notice was published in the regular and entire issue
of every number of said newspaper during the
period and time of publication of said notice, and
in the newspaper proper and not in a supplement
thereof; that the first publication of said notice was
1st day of September A.D. 2023 and the last
publication thereof: in the issue of said newspaper
1st day of September A.D. 2023 has been
published continuously and uninterruptedly during
the period of at least six months next prior to the
first issue thereof contained said notice or
advertisement above referred to; that said
newspaper has been admitted to the United States
mails as second-class matter under the provisions
of the Act of March 3, 1879, or any amendments
thereof; and that said newspaper is a daily
newspaper duly qualified for publishing legal
notices and advertisements within the meaning of
the laws of the State of Colorado.
Agent
Subscrib''d and sworn to`Kefore me
this �� f ' day of September, 2023 in
the County of Weld, State of Col ado.
1.44044
Acct#: 1099690
Ad #: 2000319
Cost: $171.90
Nota r
MELISSA L NAJERA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20064049936
MY COMMISSION EXPIRES DEC. 11, 2026
ao,23-o?619
IN THE MATTER OF R
HUMAN RESOURCES, OF THI
BE IT ORDAINED BY'
W
e
CHAPTER 3
HUMAN RESOURCES
—Caere Tinge Benelils 3. Employees who normaly work foM or mote hours in a weak, and who do not have al IEsl80
Peened Sac. 3-6-20. Sick leave, to need as follows: hours of PSSL available, will have tmmetliare access of BO hours of total paitl leave, which will
i le em to as with Id sick antl sale leave "PSBL" antl ublic Aeanh Include any amount of PBSL theempioyeeAaz available al that time.
DCounty prowdesahgb D Y Da ( ) p
emergency leave ("PMEL'1 in accortlanca wiM Me requirements of Coloado's Healthy Families
antl WowDlaps Acl ('HFWA'1.
A. Eligibility
e. ConducOnp Themselves, at all -- in a mannai conslslent wnh ih¢ polity. b. A hi0hy infemious Illness or agent wl pi3brmic or pandemic potential mr which a disaster
emergency is declared by the Governor.
4. Failure to meal Mese reSponslbillDE may lead t0 tliscipli,wry actlan, up to antl including
request a one it a supplement of PHEL In addition to whatever amount of PSSL that employee
Delete See.3.3-50. Harassment. haz available at the nme of Me request.
fl
Th
Information Dreviousty submittetl to the Boartl of Counry
ray Oe examinetl in the office of Ma Clerk to the Board of
he Wem County Adminislalion Builtlinp, 1150 0 Street,
1 8:00 am, and 5:00 D.m., Montlay Ihru Friday, or may
Wab Pape (www.weld.pov). Email messages sent if an 1. All empPoyes are eligible ro eccru0 PSSL antl may receive supDlemenal sick leave for use D
lutled In Me case file. To enmre Ineluslon of your small tlwinp a Duhkc healM emerpenry (as dellnetl further hemw). II any pall have is avaiWDle, me le
sa sendatapv to agasleY®wem.Dov. employee must use available balance Delore unpaitl leave
latter of Repealing and Rsnacdnp, with Amentlments, ChaDler3 Human B."d Sick and
Sale LEve(PSSL)
runty Cotle
eplember 11, 2023, at 9:00 a.m. 1. Sick leave (PSSL) can be used in the following circumstances:
Isloners
a. When an employee is unable to perform job dunes becaus0 0/ physical or mental illness, injuy,
or berth condition, or any other mediplty di.hlinp wndiUon, or to are for a lamly member
who has a mental or physical illness, injury, or hEuh wrMluan.
D. To vbtaln a medical diagnosis, rare, or Irealment of a mental or DhYsipl illness, injury w heauh
contlition of the empoyee or employee's Iamily member, or to obtain preventative medical care
for the empmyee or Me employee's family member.
i) When planning medical treatment or appolnlmenis an employee shoultl consult wIM his or her
WELD COUNTY
CODE ORDINANCE 2023-14
PEALING ANO REENACTING, WITH AMENDMENTS, CHAPTER 3
WELD COUNTY CDOE
XE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF supervisor and nmkeareuonaDle anon to Schedule the treatment soaznot to disrupt untlury ine
emDbyer's opealions. Tho employee antl supervisor will anampt to work out a schedule for such
,„=,,,,,„„,„„, leave tna[ meets IDs needs ai both the employer and the employee In aces where dismp[ion
4. Employees who normaly work fewer Than 10 hours per week, and who tlo not Dave enough
PSSL to satisty the amounts tlescribed herein, will have ImmeOiale access ro Daid leave equaling
the prealu ol: (1) Me amount 01 Dours the employee Ls schetluletl ter work in Me 14-0ay period
after the leave request; or (2) ine amount of lime Me employee actualy worked in the 14-tlay
eriod odor to Ma declaaton of the public AeaIM emergency or the Nave request, whichever is
time
5. from the declaration of a puhllc heanh emerpenry unlll four weeks otter the omcial termination
or suspension of the emerpenry tlsleralion, PHEL an be usetl for airy of the IollowinA reasons:
a. To sett -isolate antl rare for onesett or a famiy member who is sell -isolating because the
employee or family member is diagnosed wiM, or experiesinp symptoms oC a wmmunipble
illness Thal is the cause o/ a public health emergency.
D. To Seek or o0lain for onesett or rare tar family member who reeds a medial diagnosis, fare,
or treatment il:�iperiencing symptoms of a communicable illness That is the cause of a public
hplM emerAen
c. To ssktaroneuHerafamilymemberpreventivecamwncern" acommunlpbieillnessthat
is Ina pose of a public healM emergency.
d. An employee is unable te work beaus¢ me employee has a health con0'ittr mat may Zoe::e
susceptiDiliry to or risk of communiahk illness that is the pose of the public health emergency.
may Dour, the employee shall notiry [heir 5uDervisor as soon E they are aware of the treatment e. Either the County or a public health authority wHh approDnate jurisdiction determines that
or appointment. an employee's presence on the lob or in the community would leopardlze the health of others
heause of the intlivitlual's exposure to a communicable illness that is the pose of a public health
on December 28, 2800 atlopled c. If Me employee of a !amity member is the victim of domestic abuse, Sexual assault or emerpenry m beaus¢ the individual ¢ exhibiltng symptoms of Such a communicable illness,
nsive Coda for the County of Weld, harassment and needs leave lo: regar0lass of whether the intlividual has been diagnosed with the illness.
s ola General antl permanent nature _ _ _
q Seek medical anenerion W recover Irom a mental rr physial illness, injury, or heanh condition f
eetl of revision and tleniialion with repartl to posed by the Oomeslic abuse, sexual assault, or harassment; a
by Me Board of Counry Commissioners of the ii) Obtein "M"s from a victim service omantmtion;
3 Human Raseurces of the WeM Counry Code be, r
endmenls, to read as /ollows. ,,,„„,,,,
T or a public health
esence on the lob or
member's exposure
r beaus¢ the lamiy
of whether the Iamily
N) Seek relocation due to the domestic abuse, sexual assault, or harassment; or A To care for a chiltl or other gamily member when their childcare provitler is unevaitable due
to a public healM emergency or Meir scnool or place of care has Deen dosed tlue to a public
v) Saek legal cantos, including preDarinO for or pardcipalinA in a civil or criminal proceetlinp hplih amerpency (inclutlinp when the school or place of are is Dhysialy cbsetl Dul Drovitling
Add Sec 3-2-15. Harassment, to read as Inflows: relating to or msuuing from the tlomestic abuse, sexual assauu, or harassment. instruction remotey).
A. Sexual and Other Prohibited Harssment
2. When, tlue to a public health emergency (az Oelinetl below), a public ollicial has ortlered Ina 6. Employees are only eligible for these amounts of PHEL one time during the entirety of a
1. Tha County is committed to Drovidinpawork environment that is free of prOhibned harassment, closure of public health emergency (even i/the public health emergency is extended, amentletl, restated.
As a result. Ina County malntalns a sVicl polity wohibidnQ sexual Aarazsment antl harassment or prolonged).
P
r.
3. The Counry prohibits unlewlul haw5smenL intludinp uxum harassment, az well az conduct
That tloes not rise to the level of belnp unlawful. This Policy is not deslAned or intended to limit
iha County's authority to discipline or lake remedial action for workplace conduct that the Counry
deems unaccepNble, regardless of whether That condom satisfies the Oefinillon of unlawful
haassmenl or sexual haressment.
B. Sexual Harasmenl Degnetl
1. Sexual haressmeol Inciutlaz ::wanted sexual advances, requests for sexual favors or visual,
verbal or physical wnduct of a sexual nature when:
I Submission lo, or relsllon of, cosh wnduct is "d as a basis for employment dettsions
affecting Ma individual: or
c. Such contluct has the purpose or enact of rroT nabry inter/erinp with a t employee's work
performance or scaling an inlimitlalinp, hostile or oftensiue working environmen(.
a. The employee's place of business; or
3. To grieve, anentl funeral services or memorial or deal with linanclal and legal matters That arise
aner a !omit' members death.
4. To care for a lamly member whose uhool or pWce of pro has been closetl due Io Inclement
weather, loss of Dower, loss of healing, loss of water, or other unexpected occurrence or event
that results in the closure of the Mamily members uhooi or place of pre.
5. To evacuate their Dlaca of residence due to Inclement weather, loss rl .owes loss of h.tinp,
loss of water, or omer unexpected ouurrence or event that results ii the employee's neetl to
evacuate their residence.
6. For purposE of tms policy, a "family member' means:
a. An emObyee's immediate family member (i.e., a person related by blood, marriage, civil union
or atloption);
b. A chiltl to whom the employee sWntls in low parentis;
c. Aperson who stoodMlocoparentisti iha employeewhen the employee was a minor; or
O. A person for whom the employee is responsible for Drovitlinp or arranpinA health -or salely-
reletedare.
7. PSSL pn be usetl az it is awruetl. However, Me Counry may verity employee hours wuhin ine
m,P, afterworkispenormetlantladjust PSSL accrualamountstocorrectanyinauuwry.The
County will notiry employees In writing of any such change in accrued PSSL amounts.
8. PSSL may be used in ilneen 115) minute Increments or greater. Failure to use PSSL in Aootl
latch antl for the reasons speciiled in Mis policy an resort in discipline.
2. Sexual harassment i 1"edt7 various Imms of ottenslve behavior based on sex. Th0 following is
a non-exhauslNe list el the types of conduct prohibitetl by This Doliry: 9. Accrual of Sick Leave (PSSL): The accrual ate is shown In Tahla 3.5:
a. Unwanted sexual advances or propositions (Including rePeatetl and unwelcome requests for Ta61e 3.6
tlate); Sick Leave (PSSL) Accrual Men
b. Otters of employment benelits in exchange for sexual lavors;
c. Making or threatening reprisals Aar. negative response to sexual advances;
tl. Visual contluct: leering, making sexual gestures, tltsloi in0 of sezualry wgg"h" ohlacts m
picWres, anoons, posters, wehsits, ¢mails or text messages;
e. Verbal contlurC maklnB or using 5ex:alty tleropatory comments, innuendos, apnheis, slurs,
xually exp?ridiEkes, or wmmenW about.` individual's body or tlresa whistling or mapnA
suOBeslive or Insultin0 sounds;
1. Verbal andor wrinen abuse of a sexual nature, BraDhic verbal antl/or wrinen sexually tleAadinp
commentary about an individual's Dotly or tlress, sexually suOAeslive or obscene loners, notes,
Invitallons ¢mails wxl messages Tweets or other social media Oostinps
A. Physical conduct. touching, assault or impeding or blocking normal movements;
upon termination of employment. u
h. Retaliation for making reports or threatening to report sexual harassment. 11. The Counry will albw
C. Other Types of Harassment
Regub r Employee Fulklime
8.80 boors per month
Pan -Time 0.75
Pan -Time 0.5D
Fach employee's ae„roamount of paid sick leave will meet or exceed the HFWA requirement of
al least one (1) hour of gam sick leave mr every thirty hours worketl by the employee. a0
10. For employees Mretl teeters January 1. 1905, accumulaletl sick IEve is payable upon cal
termination al one -hall (K) the Murs of accumulated unused sick leave, not to ucead one 11) or
month's alary.EmpPoyees hired anerJanuary 1,1985. will not De gold for accumulated sick 1pve inl
B. When the neetl for PHEL is foreseeable and the workplace has not been closed, employees
must notiry the Counry of Ina need for PHEL s soon s pactlable. To provide notice of the need
to use PHEL, employees shoultl contact Human Resources.
D. Rata al Pay
1. PSSL and PHEL are paid at tAe same hoary rate or salary (not inclutlinp overtime, bonuses or
holiday pay) and with the same beneltts, inclutlinp heal[hare benelits, as the employee normally
earns tlurinp hours worked. Leave wig be Daid on the same sche0ule as regular wages.
2. The Day rate for leave will be at least the applicahla minimum wage. The pay ate will be
calculated bazetl upon the employee's pay aver the 30 calendar days prior to eking lave. 11 an
employee has not yet worked 30 calentlar tlays, the longest available period will nee used.
E. Employee Records Requests
Upon an employee's request, the County will provide (in writing or electronic.) documentation
Indicating the current amount of PSSL and PHEL avaiable for use and the amount of such leave
already used during the current year. Employees will be allowed to make one such request per
monM, except they may make an addillonal request when any need for PSSL or PHEL apses.
The GounN may provide other forms of lea
regwrem
Employe
medical,
ref.,
G. Confidentiality
The Counry will keep coniitlenlial the health or celery information of an employee or employee's
Iamily member. Such information wig not De tlisciosed except to the attsted employee, vdih Me
wrinen permission of iha a0ectetl employee or as otherwise required by hw.
Compensation for accrued and unused PSSL or available PHEL is not provitletl upon sepaation
from employment for any reason. If an employee is rehired by the County wuhin six months of
separation Irom employment, prevlousy accrued but unused PSSL vigil he immedialey reinstated.
I. Retaliation
pertaining to sexual haassmeni. It also Includes, but is not Ilmited to:
a. Vernal wnduct inclutlinp teunting, jokes, threats, epithets, d""'tory comments ar slurs
hsetl on an indivitlual's protected sUlus;
h. Visual and/or written contluct Including tlerogatory Doslam, phologwphs, calentlars, cartoons,
drawings, websilE, social medal, emails,text messages or Aaztures based on an individuals
protected status: and
c. PahoY l wnduct including az.uu, unwanted touching or blocking normal movement beaus¢
of an intlivitlual's Drotectetl status.
2. The Dlreclor of Me Deparimenl of Human Resources will oversee the invesdBation in such
incidents. Upon wmplotion of the Timely Invastipatlon, the Director of iha Department of Human
Rsomces shall report the findings to IAe apDroDriale tlepadment head or electetl official for
possible tlisciplinary action. All ass of hawssmenl will he Aantlled with strong tlisciplinary
action, uD to and including termination Irom employment.
aosence o
starting tin
may be co
12. Employees are not required m spmh I
during which they are using PSSL The 1
compliance with Mis policy as an abunce w
of PSSL will not lead to or result in tllsciDlin
f find a replec0menl Welker 10 cover Lhe hours
try will not count employees' use of PSSL in
evaluating absenieelsm. Therelgre, any such use
:motion, suspension. or [erminallon.
13. An employee who is absent from work far medical reasons for more Man lour (4) consecutive
work tlays, may De requiratl to provide a doctor's cenifiallon and to wmplete all forms E
directed antler the Fatuity Medipl Leave Acl (FMN). the Count' will neat require the disclosure
of details regarding an employee's or employee's lamiy members health tniarmatlon or the
domestic violerme, sexual aspulL or calking Nat is the basis for Me request for lave.
11. Ativanced PSSL is not .ermined. Employees may not arty negative sick hours. Tha Counry
will not pay out prnatl PSSL In lieu of taking the dme except as provided in Section C above.
15. An empbyee who ells In sick when scheduled for any mandatory *mkt"' must use
available sick dme.
i6. An employee annot awumulale more Than four-0undred eighty (480) hours of sick lave
(prowled far pad-Ilme employes). Employees ar7 over awruetl but unused PSSL from one
year m the next without forfeit.
3. All supervisors and managers are responsible for. C. Public Hearth Emergency Leave (PHEL)
a. Implemenitnp This policy, which includes, hug Is not Iim"d lo, taking Steps to prevent In addition, and supplemental lo, the PSSL described above, the Counry will provide employees
haassment antl retaliation; with PHEL in accordance with the terms below.
b. Ensuring Mat all employees under (heir supervision have knowledge of and untlerstend This 1. For DurposE of this poppy, a "public healM emerpenry' is: cV
policy; su
a. An act of bioterrorism, a pandemic intluena or an a ..Jo... by a novel and htphy fatal Co
c. Promply repominp any wmplelnis to the Director al Human Resoumces representative so they Infectious apem, forwhich: see
may be investi0aletl and resoNetl in timeN manner; any one to more se.ons, subseaions,
i) M emerpenry is tlElered by a federal, state, or bat pubic health emerpenry; or declared to he unconstilmional orinvalid.
d. Taking anNor aEtsling to promPt and "Pmpriate corrective action when necessary to ensure
compliance wiM IAis Dallcy; and ii) A tlisEler emergency Is declared by the Governor, or
Amend Sec.
Lave of abt
nne
n of the HFWA;
ices their rights
nsalory Ume off.
mD lime) in lieu of overtime may be given ii there is an untlerstendinA
the employee to provitle dme ott s compensallon for overtime. To
ldsstandinp, a comb time form is available from Me Accounting
B. Employees an aurae up W 80 hours of comp time, however, any time aoove BB doors will be
paitl out as overtime. Any comp time over 40 hours will be paid out on the second check in April
annualty bringinp all balances to 40 hours. Employees can make aorta -time request for payout or
partial payout of comp time by wnmctinA payrfll.
C. tt an employee is eligible for comp Dme and is promoted to a selected position, the employee
will be paid out all earned comp lime at the rate of pay prior to their promotion and is no longer
eligible for comp time.
t
Published Greeley Tribune September 1, 2023 -2000319
by tAe Board Mat the Clerk to the Board be, and hem6y Is,
i supplement Me Weld Counry Code wnh the amandmenls
chapters, articles, divisions, ssdons, and subsections as
and io rBS0Ve any inconsistencies repaftling C5Dlteiall0n,
enl of wapters, articles, divisions, sElions, and subsections
sentence,
itlutional,
of County
mtl every
e tact that
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