HomeMy WebLinkAbout20210934.tiffWELD COUNTY
CODE ORDINANCE 2021-03
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2
ADMINISTRATION AND CHAPTER 5 REVENUE AND FINANCE, 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 certain existing Chapters of the Weld County Code be,
and hereby are, repealed and re-enacted, with amendments, and the various Chapters are
revised to read as follows.
CHAPTER
ADMINISTRATION
ARTICLE VI - Use of Motor Vehicles by County Officers and Employees
Amend Sec. 2-6-20. - Care of County -owned motor vehicle.
The operator of a County -owned vehicle shall report every noted defect of the County -
owned vehicle or its operation to the Department of Fleet Services in person or on the appropriate
form as soon as possible to assure proper maintenance attention.
Amend Sec. 2-6-30. - Assignment of County -owned vehicles.
The assignment of County -owned vehicles used to conduct County business fall into one
of the two (2) following categories: (1) take-home vehicle assignment, and (2) daily vehicle
assignment. No employee may use more than one category (i.e., an employee may not receive
a take-home vehicle and use a daily vehicle). When a conflict or question arises as to which
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category is appropriate, the decision of the Board of County Commissioners will be final. Every
person assigned a County -owned motor vehicle shall be required to sign an Agreement for Use
of Assigned County -Owned Motor Vehicle, as found in Appendix 2-D.
A. Take-home vehicle assignment. A take-home vehicle assignment may be provided to
those employees who have management or supervisory duties/responsibilities and are
routinely expected to respond to operational needs from the employee's residence.
(Sheriff's Office and Coroner's Office fall under this section.) These vehicles are provided
for use while commuting between a residence and a work location, in addition to using
them for business purposes during the normal workweek. Typically, these employees
occupy positions where it is impractical to implement a requirement to proceed to a central
dispatch point to obtain a County vehicle, particularly in the event of an operational
emergency. Each Elected Official or Department Head must annually, by May 15th, submit
to the Director of Fleet Services a listing of staff assigned to take-home vehicles, along
with justification for approval by the Board of County Commissioners.
B. Daily vehicle assignment. A daily vehicle assignment may be provided for those
employees whose positions have been approved to use a County -owned vehicle. A daily
assigned vehicle may be provided to those employees whose positions routinely require
4 -wheel drive or off road access, county building maintenance or delivery, county road
work, specialized equipment, community projects that require equipment or multiple
people to be transported to a job site. These vehicles must be parked during the weekend
and overnight, at a County facility. Each Department Head must annually submit to the
Director of Fleet Services a listing of staff assigned a daily vehicle for approval by the
Board of County Commissioners.
Sec. 2-6-40. - Use of County -owned motor vehicles.
The following rules shall apply to the use of County -owned motor vehicles:
A. thru G. — No change.
H. Only County officers and employees are allowed to drive County -owned motor vehicles,
except in the event of emergency, or the driver is an agent of Weld County and they are
insured.
I. thru L. — No change.
M. The Take -Home Vehicle Use Agreement will be required to be on file with the Director of
Fleet Services for each County officer or employee assigned a take-home vehicle.
Remainder of Section — No change.
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Amend Sec. 2-6-60. - County -owned motor vehicle operation damage report.
The Department of Human Resources shall administer the vehicle operation damage
report program, including all forms and procedures. The driver of any County -owned motor vehicle
is responsible for completing an accident report and submitting it to the Department of Human
Resources and Department of Fleet Services within twenty-four (24) hours following any collision
in which any damage may have been caused or any other situation in which there was damage
caused to a County -owned motor vehicle.
Amend Sec. 2-6-120. - Investigation, determination and collection of costs of misuse of
County -owned motor vehicles.
The department head shall in each case investigate, determine the costs attributable to
misuse (with the assistance of the Director of Fleet Services), and collect the amount of actual
costs attributed to the misuse of County -owned motor vehicles by employees of his or her
department. Money collected from the employee shall be deposited in the County Treasury to the
credit of the fund supporting operation of the vehicle which was misused.
Amend Sec. 2-6-140. - Maintenance.
County officers and employees who are assigned responsibility for a County vehicle shall
ensure regular maintenance standards and safety inspections are conducted by the Department
of Fleet Services. Additional maintenance or safety requirements for County -owned motor
vehicles or equipment may be required by the Director of Fleet Services, although not specifically
provided for in this Section.
Amend Sec. 2-6-150. - Accidents.
In case of an accident involving a County -owned motor vehicle, the operator should
immediately notify proper law enforcement authorities, regardless of the extent of damage to the
vehicles involved.
A. If the extent of the damage and conditions at the accident scene warrant, the operator
shall contact his or her immediate supervisor who will ask the Communications Center to
coordinate towing service through the County's Department of Fleet Services. If the
employee's supervisor cannot be reached, contact should be made with the appropriate
Elected Official or department head or the Department of Fleet Services. Should law
enforcement authorities at the scene determine a need for immediate removal of the
vehicle, they shall have the discretion to contact a private towing service.
B. — No change.
C. The supervisor shall coordinate obtaining repair estimates with the County's Department
of Fleet Services. Repair estimates will be forwarded to the Human Resources
Department for submission with the accident report for claim adjustment. Departments will
be assessed five hundred dollars ($500.00) for repairs exceeding that amount.
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ARTICLE VII - Equipment Management
Amend Sec. 2-7-10. - Introduction.
In accordance with the Board of County Commissioners' policy, adopted December 17,
1979, concerning use of County vehicles, the assignments and garaging have been determined.
Other than vehicles approved by the Board of County Commissioners for residence garaging, all
vehicles should be garaged at a County facility designated by the Department Head/Elected
Official that the vehicle is assigned to.
Amend Sec. 2-7-30. - Definitions.
The definitions of this Section shall govern the provisions contained in this Article, unless
the context otherwise requires:
Location - the geographical location of a department's operations precludes the utilization
of alternative methods of transportation.
All other definitions — No change.
Amend Sec. 2-7-40. - Residence garaging.
Residence garaging is permitted for vehicles assigned directly to a designated
classification or position within a department where it has been determined by the Board of County
Commissioners that it is in the interest of the County to allow daily residence garaging because
the job assignment requires availability of the vehicle by the operator potentially on call at all times
for County service. Only positions specifically designated by the Board of County Commissioners
are permitted permanent residence garaging. The Director of Fleet Services shall, at all times,
maintain a current authorization list of positions designated by the Board.
Amend Sec. 2-7-50. - Tax on personal commuting use of County vehicle.
A. Due to IRS regulations on employee fringe benefits, employees are allowed no personal
use of their employer -provided vehicle. Vehicles are to be used for commuting to and from
work and for business purposes during working hours. Only de minimus personal use is
permitted (such as a stop for lunch).
B. Three dollars ($3.00) per workday of commuting will be included in the employees' income
to reflect the commuting use of the vehicles. This income will be added to applicable
employees' wages on a quarterly basis. Social Security and taxes will be withheld at that
time on the three -dollar -per -day additional income. Certain vehicles are exempt. The list
includes law enforcement vehicles, passenger buses with a capacity of twenty (20)
persons or more, and special utility trucks (other than a van or pickup).
Remainder of Section — No change.
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CHAPTER 5
REVENUE AND FINANCE
ARTICLE IV — Purchasing Policy
Add Sec. 5-4-210. — Procurement by the Department of Fleet Services.
The Weld County Department of Fleet Services shall purchase all fleet resources,
including, but not limited to, vehicles, equipment, tires, fuel, parts, services for all County
Departments, and fleet uniforms. All purchases shall be conducted in accordance with the policy
and procedures set forth in this Chapter. All non -fleet purchases related to facilities, technology
equipment hardware/software, office supplies, etc., shall be purchased by the Department of
Purchasing.
The Director of Fleet Services will determine if vehicles/equipment are at end of life and
replacement is justified. The Director of Fleet Services will determine and streamline the most
effective vehicle configuration and specifications to minimize maintenance, inventory and training
costs through standardization of equipment.
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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The above and foregoing Ordinance Number 2021-03 was, on motion duly made and
seconded, adopted by the following vote on the 31st day of March, A.D., 2021.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ditifedsj jdeo;ei
Weld County Clerk to the Board
County Attorney
Date of signature: 04/02/21
First Reading:
Publication:
Ste ;'Morena, Chair
' James, Pro_Tem
February 24, 2021
February 28, 2021, in the Greeley Tribune
Second Reading: March 15, 2021 (postponed to March 17 due to County Closure)
Publication: March 19, 2021, in the Greeley Tribune
Final Reading: March 31, 2021
Publication: April 4, 2021, in the Greeley Tribune
Effective: April 12, 2021
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Bill
2021-0934
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