HomeMy WebLinkAbout20212309.tiffWELD COUNTY
CODE ORDINANCE 2021-12
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
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of Weld, State of Colorado, that Chapter 3 of the Weld County Code be, and hereby is, repealed
and re-enacted, with amendments, to read as follows.
CHAPTER 3
HUMAN RESOURCES
ARTICLE II — Employment Information
Amend Sec. 3-2-50. Vacancies.
A. - No change.
B. Applications are screened by the Department of Human Resources by comparing the
applicant's qualifications to the job requirements. In specialized professional fields,
departments may assist in the screening process. The Department of Human Resources is
able to provide 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 or elected official
for interview and final selection. Department heads or elected officials are the only authorized
appointing officials for the County. This authority cannot be delegated.
Remainder of Section — No change.
Amend Sec. 3-2-90. Employee definitions.
A. — No change.
B. Promotional/transfer review. Employees promoted or transferred into a new position will be
under an initial review status for six (6) months. The promotional/transfer initial review status
may be extended beyond the first six (6) months at the supervisor's discretion. Upon
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satisfactory completion of the review period, the employee will become a regular employee.
Employees on an promotional/transfer review, whether for the six (6) months or extended
initial review, may not file a grievance as described in Section 3-4-40 of this Chapter.
Remainder of Section — No change.
Amend Sec. 3-2-100. Employees taking in-service distribution retirement benefits.
Employees covered by the Weld County Retirement Plan may take in-service distribution
retirement benefits once the employee reaches normal retirement age without separating their
regular employment from the County. To comply with IRS regulations for in-service distribution
retirement benefits, normal retirement age is age 65, or the employee has reached age 55 and
meets the "Rule of 80". To meet the "Rule of 80" requirements under the Weld County Retirement
Plan employees must be eligible to retire (age fifty-five [55]) and whose service and age, when
added together at retirement, equals eighty (80) or more (example: fifty-five [55] year old
individual, with twenty-five [25] years of service).
Remainder of Section — No change.
Add Section 3-2-130. Weld County Teleworking Guidelines.
A. Weld County may allow employees in good standing to telework when opportunities exist for
improved employee performance, retention and improved operational efficiencies while
maintaining a high level of customer and client satisfaction. Teleworking may not be suitable
for all employees and/or positions. Teleworking is typically voluntary unless specifically stated
as a condition of employment or required under an emergent circumstance by the Board of
County Commissioners. Teleworking is not an employee right and may be discontinued at
any time. Employees may also be allowed to telework temporarily when the Weld County
Board of Commissioners declares an event occurring as emergency in nature. Teleworking
arrangements are designed to provide a relatively long-term working arrangement and should
not be used as a series of short-term arrangements.
B. Permission to engage in teleworking is at the discretion of the department head or elected
official. Requests to telework may be considered when:
1. The employee has demonstrated and sustained a high level of performance, and when
the supervisor/manager believes that the employee can maintain the expected quantity
and quality of work while teleworking.
2. Quality of work and delivery of services can be maintained to the general public and to the
departments/offices of Weld County, and clients/customers see no differences in the level
of service or support they receive.
3. Teleworking is appropriate considering the nature of the employee's job.
4. The employee has been employed by the department for a minimum of six (6) months.
This requirement may be waived at the discretion of the department head or elected
official.
5. The employee is scheduled to work full time (40 hours per week), unless otherwise
specified by the department head or elected official.
C. If an employee is interested in teleworking, they should submit a request to, and receive
support from, their immediate supervisor/manager. When teleworking terms are determined,
and the immediate supervisor/manager or division head (as appropriate) are in support of the
arrangement, the guidelines and appropriate documentation should be completed and
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submitted to the department head or elected official for review and approval. Permission to
telework is dependent upon the employee having a suitable alternative worksite location at
the off -site premise(s), and on their compliance with the guidelines. A department head or
elected official may require verification of the work location(s) and proof of the suitability of the
alternative worksite through pictures or other reasonable means.
D. If a teleworking arrangement is granted, it is granted on a temporary and revocable basis and
may be discontinued by the department/office at any time and for any reason. In addition, an
employee may discontinue participation in teleworking at any time (except in those
circumstances where teleworking is required of the position or an event declared an
emergency by the Board of County Commissioners requires an employee to telework).
Teleworking arrangements are reviewed annually and may be modified at any time due to the
business needs within the department/office, employee performance, or other unforeseen
factors. If teleworking is approved due to an emergent event, teleworking is approved for the
duration of the event only.
Add Sec. 3-2-140. Alternative Work Schedules.
An Alternative Work Schedule is an arrangement that allows an employee to alter the starting
and/or end time of her/his workday. Employees still work the same number of scheduled hours
as they would under a traditional work schedule. Alternative Work Schedule is an arrangement
that allows an employee to alter the start and end times of their workday around the normal County
established hours of operations Monday - Friday 8 a.m.-5 p.m.
Alternative Work Schedule for the employee should not negatively affect the workload or
productivity of coworkers either by shifting burdens or creating delays and additional steps in the
workflow. The department head/elected official shall ensure that other employees in the same
department/office understand how and why workplace flexibility functions.
The use of an alternate work schedule option does not preclude an employee's attendance, if
necessary, at meetings, training sessions, or similar events or occurrences scheduled on days or
at times when the employee would customarily not be working due to an alternate schedule
option. It is the employee's responsibility to communicate with their supervisor/manager regarding
their availability during standard business hours while using the alternative work schedule option.
All exempt employees are subject to on -call procedures and may be contacted 24/7/365.
A. Exempt/Nonexempt Employee: Exempt positions are excluded from overtime regulations.
Nonexempt employees, as the term implies, are not exempt from FLSA requirements.
Employees who fall within this category must be paid at least the federal minimum wage for
each hour worked and given overtime pay of not less than one -and -a -half times their hourly
rate for any hours worked beyond 40 each week. See Section 3-7-30 of the Weld County
Code for more information for overtime rules.
B. Request and Approval: The employee initiates the request for Alternative Work Schedule by
submitting a formal proposal to their supervisor/manager and/or department head or elected
official.
C. Alternative Work Schedule arrangements shall be initiated on a trial basis and may be
discontinued at any time at the request of either the employee or the department. The
department/office reserves the right to immediately suspend the arrangement in case of
unanticipated circumstances regarding employee performance or operational needs.
D. If the employee and the department agree to an Alternative Work Schedule arrangement, they
must complete the Alternative Work Arrangement Form. Agreements shall be time -specific
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with a date for review and reconsideration. Modifications and/or renewals shall be
appropriately documented. The original shall be maintained in the employee's personnel file,
with copies for the employee and supervisor/manager/department head/elected official and
Accounting.
An Alternative Work Schedule is not appropriate for all positions, or in all settings, or for all
employees. An Alternative Work Schedule during the employee's probationary period is not
acceptable unless approved by the department head or elected official. Operational needs,
staffing patterns, space considerations, and health and safety issues may preclude granting a
request for an Alternative Work Schedule. The employee must be willing and able to alternate
their work hours as requested by the department/office to attend to operational needs. There may
be times when the employee will be required to work or travel outside of scheduled work hours.
In the event that more employees request Alternative Work Schedule arrangements than a
department/division can reasonably manage, the department head shall respond to requests that
are consistent with these guidelines in ways that are fair to all employees and in the best interest
of the County. Among the measures that might be adopted are telecommuting, staggering work
hours, and rotating periods of Alternative Work Schedules between employees.
In certain circumstances, an employee's alternative worksite, either on short -notice or on a
recurring basis to respond to work/life needs of an employee and/or operational needs of the
organization may need to change. The alternative worksite schedule must continue to support the
needs of the organization and allow for appropriate oversight of the employee's work.
ARTICLE IV — Discipline and Grievance
Amend Sec. 3-4-30. Grieving a dismissal.
If a regular employee (as described in Section 3-2-90) is dismissed pursuant to these procedures,
the employee may exercise the right to grieve such dismissal without the necessity of complying
with Steps 1, 2, 3 and 4 of the grievance procedure in Section 3-4-60.
Amend Sec. 3-4-40. Employee grievance.
A regular employee (as described in Section 3-2-90) who feels that the policies set forth in this
Chapter are not being properly applied, or has any disciplinary action taken against him or 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.
Amend Sec. 3-4-60. Grievance procedure.
The employee grievance procedure is as follows:
A. thru E. — No change.
F. Step 6. Reconciliation. The Director of Human Resources may attempt to reconcile the
differences. If the Director of Human Resources is administering the discipline, the
CIO/Director of Administration will attempt reconciliation. If reconciliation is undertaken and it
is not successful, a grievance hearing will be scheduled.
Remainder of Section — No change.
ARTICLE VI — Leave Time Benefits
Amend Sec. 3-6-10. Vacation leave.
A. and B. — No change.
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Add C. An employee must have vacation time available to use when taking time. Only the
department head or elected official can approve leave without pay for time taken if the
employee has no vacation time available.
Table 3.4 Annual Vacation Accrual — No change.
C. thru E. — No change. Reletter as D. thru F.
Amend Sec. 3-6-20. Sick leave.
A. Sick leave is not a right. It is a privilege given to eligible employees to be used in the following
circumstances:
1. and 2. — No change.
3. An employee who is required to care for members of his or her immediate family, as
defined under the Federal Family Medical Leave Act (FMLA), (spouse, child or parent)
who are ill, may use their accumulated sick leave. For the purposes of the FMLA, the
employee's child must be under the age of eighteen (18), still in school, or if older there
must be medical certification showing the child is disabled.
4. — No change.
B. The accrual rate is shown on Table 3.5:
Table 3.5
Sick Leave Accrual Rates
Sick Ace
Regular Employee
Hours;, Accrued Monthly (prorated
partial months and for Part`: timefor
employees)
8
Part Time .75
6
Part Time .50
4
C. and D. — No change.
E. Employees who are entitled and have earned sick time, may use this time on their normally
scheduled workdays. No sick time will be paid for normal days off. At no time will an employee
be paid regular pay and sick pay for the same time. Sick leave hours and regular hours may
not exceed their normal scheduled shift.
F. thru H. — No change.
I. An employee who calls in sick when scheduled for any mandatory worktime will be able to
use their sick time. The sick time will count as an occurrence and possibly lead to disciplinary
action.
Remainder of Section — No change.
Amend Sec. 3-6-40. Reserved.
Amend Sec. 3-6-90. Leave of absence without pay —(not to include FMLA Leave or military
leave).
Remainder of Section — No change.
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Amend Sec. 3-6-100. Jury duty/witness.
All employees who are required to serve as a witness in a case involving the County government
or as a juror during scheduled work time, is entitled to paid leave not to exceed three (3) weeks
(based on a 40 -hour week) - up to one hundred twenty (120) hours (prorated for benefit eligible
part time employees, based on Table 3.1). An employee who serves on a jury shall pay to the
County all amounts received 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. An employee
who is subpoenaed to appear as a witness in a case unrelated to County business must use paid
leave, if available. If no paid time is available, the time off will be leave without pay. Employees
must avoid situations in which they, through their voluntary actions, may be called to testify in
private civil matters, wherein knowledge of confidential facts, circumstances or opinions they have
obtained in the scope and course of their work may be revealed.
Amend Sec. 3-6-110. Closure of County operations.
A. In the event the County closes operations or facilities due to inclement weather or other
emergencies, regular and part time employees scheduled to work will be paid the maximum
of 8 hours per day, for a full day closure, reduced by actual hours worked based on an 8 -hour
day. Partial days will be based on an 8 a.m.-5 p.m. workday and the number of hours
operations closed, less any actual hours worked.
B. 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.
C. 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.
D. An employee who normally teleworks on the day a county closure is declared should
communicate with their manager to determine if they are required to continue to telework
during the closure or use county closure time.
E. Departments with 24 -hour operations;
1. Department Heads/Elected Officials should determine if normal staffing levels can be
reduced and allow their employees to receive County Closure Hours.
2. Department Heads/Elected Officials should determine if, staff scheduled would be at risk
to travel into work in unsafe conditions, and, if so, they should be granted County Closure
Hours.
3. Staff will be paid for no more than their scheduled hours for the day, up to 8 hours a day.
Department Heads/Elected Officials will need to notify the Controller of the employee's
name and the specific time which has been granted for County Closure Hours.
Amend Sec. 3-6-140. Military leave of absence.
A. Any elected official, department head or employee who is a member of the National Guard or
reserve forces is entitled to receive up to 15 days (prorated for part time employees) per
payroll year of military leave (MLT).
B. Employees are responsible for communicating to Human Resources their need for military
leave (MLT) prior to commencing this leave, to discuss benefit eligibility and coverage and/or
premium payments. As soon as an employee comes back from their deployment the
employee is again responsible for contacting Human Resources.
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C. If an elected official, department head or employee's military status changes from reserve to
active in time of war or other emergency as declared by proper military authority the individual
shall be entitled to leave without pay until reinstated following the active service time.
D. Employees who serve in the armed forces reserves who must take leave from the County due
to a conflict in the department work schedule and an armed forces assignment will indicate
on their time sheet the leave time as military leave (MLT). This code is designated as unpaid
leave; however, upon return the elected official, department head, or employee may submit
their LES (Leave and Earnings Statement) to the Accounting Department to receive
differential pay.
Delete E, F, and G. and reenact with the following:
E. Upon returning to work from training there are two (2) options the elected official, department
head or employee may choose regarding pay:
1. Keep military pay without differential pay. If this option is chosen there is no additional
action needed.
2. Keep pay and receive the differential pay. If this option is chosen, the LES must be turned
into the Accounting Department within 30 days of your return.
F. Leave of absence for extended military orders (deployment), elected official, department
head, or employee will be placed on leave of absence at the start of the pay period following
the order.
G. An employee's status with respect to benefits during a military leave of absence shall be as
follows:
1. While the employee is on unpaid military leave, the employee will continue to earn vacation
and sick leave for up to twelve (12) weeks.
2. While the employee is on unpaid leave for their military service, health benefits will
continue at the same level and under the same conditions as if the employee had
continued to work. An employee who is out for twelve (12) weeks or less will need to
reimburse the County for the employee portion of their premium. If an employee is out
for longer than twelve (12) weeks they will need to pay the employee and employer's
portion of their health premium. The employee must continue to make this payment, either
in person or by mail. The payment must be received in the Human Resources Department
by the end of each month. If the payment is more than thirty (30) days late, the employee's
health care coverage shall be dropped for the duration of the leave.
3. If an employee is enrolled in a supplemental life insurance plan, this coverage will stop
during a leave of absence. The County will discontinue the employee's basic life plan as
well as any supplemental life coverage during the military leave of absence. This coverage
will stop the first pay period after the employee starts their Leave of Absence.
4. If any health benefits are terminated during the leave of absence due to nonpayment of
the premium, the employee's coverage will lapse. Once an employee returns from their
military leave of absence, these benefits may be reinstated immediately.
ARTICLE VII — Wages and Hours
Amend Sec. 3-7-70. Compensatory time off.
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
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maintain a record of this understanding, a comp time form is available from the Accounting
Department.
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.
ARTICLE X — Pay Practices
Amend Sec. 3-10-120. Mechanics of the pay system.
A. and B. — No change.
C. Promotions and reclassifications.
1. 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 five percent (5%) in pay increase. In
the event the promotion in the classification series is less than five percent (5%), the
employee shall be placed at the step which provides a minimum increase of five percent
(5%). A six-month promotional review period shall exist for the employee in all cases of
promotion.
2. Employees who are promoted and, due to the five percent (5%) increase rule, are placed
outside of the current pay table range for that classification will receive only the initial pay
increase of five percent (5%). They will then be placed in the grandfathered category and
treated as such.
3. 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 (1) year. The
incumbent employee will be placed in the new pay grade at their current step and step
date.
4. — No change.
D. and E. — No change.
F. Upon an employee's termination/retirement of employment and once all time has been
entered into the payroll system and approved an employee will receive their final pay in one
of two ways:
1. If the pay is being processed during the normal monthly payroll cycle, the check will be a
direct deposit into the account the employee has given to payroll.
2. If the check needs to be processed outside of the normal monthly payroll processing (off -
cycle) the pay will be processed in the off -cycle processing on the second Tuesday and
direct deposited to the account on file.
ARTICLE XII — Payroll
Amend Sec. 3-12-30. Procedure to correct errors in pay.
A. When an error in pay is identified by either the department head or elected official or the
employee, notification should be made to the Accounting Department immediately so
corrections may be made. It is the responsibility of the Accounting Department, the
department head or elected official and the employee to review pay information to assure
accuracy and to report errors in a timely manner.
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B. If any error that results in an underpayment is from time not being entered in the system by
the employee or not resolving timesheet errors, the additional pay will be processed with the
next regular pay cycle.
C. If an error results in an underpayment, and is anything other than employee error, the
correction will be processed as an off -cycle pay check.
D. All overpayments discovered will result in a collection action for the total amount immediately.
AMEND APPENDIX 3-A — ATTACHED.
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.
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ININVCI A Iarkl &NUN II
The above and foregoing Ordinance Number 2021-12 was, on motion duly made and
seconded, adopted by the following vote on the 2nd day of August, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifet) v•p��
Weld County Clerk to the Board
BY:
APP
County A ttorney
First Reading:
Publication:
Steve reno, Chair
Date of signature: o7/ob/21
Lori Sa
June 21, 2021
June 27, 2021, in the Greeley Tribune
Second Reading: July 14, 2021
Publication: July 18, 2021, in the Greeley Tribune
Final Reading: August 2, 2021
Publication: August 8, 2021, in the Greeley Tribune
Effective: August 13, 2021
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APPENDIX 3-A DRUG USE AND ALCOHOL MISUSE SERVICE PROVIDERS AND ANSWERS
FOR QUESTIONS
The following entities provide services pursuant to this Policy:
Substance Abuse Professional: (referred by Weld County)
Michael P Giglio, LMFT
Qualified Substance Abuse Professional (SAP)
155 W Harvard St. Ste #201
Fort Collins, CO 80525
FAX: 970-221-9818
Phone: 970-218-0612
Substance Abuse Professional:
Charity Grimsley-Hinkley, MA, LPC, LAC, MAC
Qualified Substance Abuse Professional (SAP)
4045 Wadsworth Blvd. Ste 306
Wheat Ridge CO 80033
FAX: 720-306-3572
Phone: 720-295-4852
Laboratory:
MEDTOX Laboratories
402 West County Road D
St. Paul, MN 55122
1-800-832-3244
Medical Review Officer:
Medical Technical Review Dr. Jeff Larsen, M.D., Chief MRO
P. O. Box 490 Dr. Christine Kasser, M.D., Associate MRO
Hudson, WI 54016
1-800-880-4444
Persons with questions regarding Weld County's Policies Implementing the Federal Transit
Administration Regulations on Drug Abuse and Alcohol Misuse should contact:
Michelle Raimer
Weld County Department of Human Resources
mraimer@co.weld.co.us
970-400-4233 - Office
970-400-4024 - Fax
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