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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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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 PAGE 1 2021-0934 ORD2021-03 4701627 Pages: 1 of 6 04/08/2021 12:32 PM R Fee:$0,00 Carly Koppes, Clerk and Recorder, Weld County , CO FitN'EIL:64iMA'MtiI iM k II III CG;CTB(EG/O4) FIOw/so) Wawa:) AtoR.) CR(Ru) mos) O4/12/2 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. PAGE 2 2021-0934 ORD2021-03 4701627 Pages: 2 of 6 04/08/2021 12:32 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO II II 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. PAGE 3 2021-0934 ORD2021-03 4701627 Pages: 3 of 6 04/08/2021 12:32 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County CO ���� WPB ��+��V�KIM�M�Iti+� M�� li 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. PAGE 4 2021-0934 ORD2021-03 4701627 Pages: 4 of 6 04/08/2021 12:32 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO 1111 �s>r ILIMICIIMAPiga UM Al WW1 �� III 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. PAGE 5 2021-0934 ORD2021-03 4701627 Pages: 5 of 6 04/06/2021 12:32 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County , CO IIII WPM II AlIntil Midi 11111 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 PAGE 6 4701627 Pages: 6 of 6 04/08/2021 12:32 PM R Fee:$0.00 Carly Kopp•s, Clerk and R•oord�r, Wild County CO Bill 2021-0934 ORD2021-03 Hello