HomeMy WebLinkAbout20191826.tiffCheryl H
From:
Sent:
Subject:
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an
Patti Russell
Monday, June 17, 2019 10:22 AM
Cheryl Hoffman; Esther Gesick
RE: Updates to the Proposed Chapter 3 - Weld County Code changes
Thank you!!! The updated changes are on page 5, 7, 9
Page 5:
If an emp oyee transfers from a oepas Trent with one of the County's retirement Mans to a
with a diff ere eit reti Percent pian (Le. from the County Retirement Ran to PERA or from PERA to
Retirement Ran) the
epartmenL
he County
re-irennent de &c° ion coming out of theft pay will not change until the new pay period.
age 7:
Final pay for terminating employees will be issued twice a month; the second Tuesday of the month anc again during the
normal payroll processing period for the month. If the final pay is issued during the normal payroll processing period,
the pay will be automatically deposited into a bank account that is on record on the last working day of the month. If
the final pay is issued on the second Tuesday of the month, the pay will be processed on a paycard and mailed to the
emoloyee's current address or, upon request, may be oickea up in the Department of Human Resources after 4:30
p.m. on the day the pay is issued.
Page 9:
Thanks,
P
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Patricia S. Russell, SHRM-SCP, SPHR
Director, Human Resources
Weld County Government
1150 "0" Street
Greeley, CO 80631
(970) 400-4230
prussell@weldgov.com
.,»er S3nM V
Hours Accrued Monthly (earned upon
completion of full pay period)
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1
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
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From: Cheryl Hoffman
Sent: Monday, June 17, 2019 10:15 AM
To: Patti Russell <prussell@weldgov.com>; Esther Gesick <egesick@weldgov.com>
Subject: RE: Updates to the Proposed Chapter 3 - Weld County Code changes
Thank you, Patti. I'll get it ready for you.
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970.400.4227
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Patti Russell
Sent: Monday, June 17, 2019 10:12 AM
To: Esther Gesick <egesick@weldgov.com>; Cheryl Hoffman <choffman@weldgov.com>
Subject: Updates to the Proposed Chapter 3 - Weld County Code changes
Please see updated version for Wednesday's Board Meeting.
Thanks,
Patti Russell
2
Patricia S. Russell, SHRM-SCP, SPHR
Director, Human Resources
Weld County Government
1150 "0" Street
Greeley, CO 80631
(970) 400-4230
prusse(1@yveldgov.com
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
3
CHAPTER 3 - Human Resources
Sec. 3-2-60. - Re-employment.
At the discretion of the department or elected official, a regular employee who resigned within one
(4) -year and was in good standing at the time of the resignation may be rehired. Upon re-employment, the
employee shall be subject to ail conditions of employment, including the twelve-month initial review period
applicable to new employees. If the date of termination is less than thirty-one (31) days. the employee will
be reinstated with no change in hire date.
(Weld County Code Ordinance 2003-4)
Sec. 3-2-70. - Outside employment.
An employee may engage in outside employment if there is no interference with assigned working
hours and duties, if there are no real or apparent conflicts of interest with assigned responsibilities and if
approved by the department head or elected official. Exceptions are when it would be prohibited by the
Home Rule Charter or by resolution of the Board of County Commissioners. For the purposes of this
Section, and by way of example, an "apparent conflict of interest with assigned responsibilities" would
occur if an employee testifies in a professional capacity on behalf of either an applicant or opponent in a
land use hearing before the Board of County Commissioners.
An employee may apply or have an interest in working in two separate positions within the County.
Based on essential duties and functions of the different positions, as well as pay and benefits issues, the
Director of Human Resources must approve this option.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2008-11)
Sec. 3-2-90. - Employee definitions.
Table 3.1
Job Share Status
Normal Hours Worked Per Week
30-39
20-29
Job Share Status
.75
7-50
2019-1826
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14; Weld County
Code Ordinance 2014-12 ; Weld County Code Ordinance 2015-18 ; Weld County Code Ordinance
2016-08 )
Sec. 3 2 100. Working after retirement.
A Employees retiring from County service must separate their regular employment from the County in
m the Weld County Retirement Plan. They do not have a right or
expectation of continued employment with the County after retirement. Contract employment of a
d of County
such contract is found in Appendix 3-C. Retired employees working pursuant to such contracts are
Si
11
;ing retirees."
verage, but may be eligible for health,
dental, vision and life insurance either as a reemployed worker or through the retiree health plan, if
he or she qualifies.
receive benefits.
Part-time. A part-time retiree employee is -regularly scheduled to work less than forty (40) hours
per week. The part-time employee who consistently works at least twenty (20) hours per week
may be eligible for certain benefits.
No Right to Work. A retiree does not have the right to work under this option. The continued
employment of a ---retiree in a phased retirement status must meet the operational -needs of the
elected official.
. Health Insurance Coverage. A retiree on may be eligible
for continued health insurance coverage through the County's health insurance provider.
based on the number of hours worked, as depicted in Table 3.2 below. As with full-time department
head positions, no sick leave or vacation accrual applies.
Proration of Benefits
Weekly Hours
Annual Hours
Retiree Status
38
1,976
.95
34
1,768
.85
30
1,560
.75
2-0
1,040
s8
D. Employees retiring from County service under the State -of Colorado PERA retirement program shall
be governed by PERA rules and regulations for employees working after service or disability
retirement. Refer to PERA rules and regulations.
E-. Working retirees (20) hours or more per week (twenty .20: to thirty eight
[38] hours per week)-. "Working retiree" status is only available for those employees who are 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).
Other rules and restrictions applying to working retirees working twenty (20) to thirty-eight (38) hours
per week shall induce the following:
The retired employee is rehired as a working retiree:
a. For individuals at Step 1-5, no drop -in step level would occur.
b. Individuals at Steps 6 or 7 would drop to Step 5.
d. Net -eligible for Step increases.
e. Not eligible for promotions.
2. Return to benefit accruals as a new employee.
termination; working retirees are not eligible for compensatory time, overtime will be paid out as
earned. Public Works employees who are qualified for compensatory time prior to becoming
working retirees will still be eligible.
4.
be granted by the Board of County Commissioners for employees who are Grade 55 or above,
or because of their specialized skills, experience or education, are determined by the Board to
be desirable for continued employment. Prior to employment with Weld County post -retirement,
each working retiree shall be +r -to sign an at -will employment contract. Such contracts
shall be reviewed -annually during the budget process for consideration in the next year
budget.
5. No working retiree may work more than a total -of one thousa
(-x;976) hours annually, January to January.
6. Working
prior to July 6, 2010, shall
other rules set forth above shall apply, meaning the following rules shall apply to them:
a. Same Grade/Step as of duly 6, 2010.
b. Not eligible for further Step increases.
c. Not eligible for further promotions.
d. Return to new employee -benefit accruals.
e. With the exception of certain Public Works positions, compensatory time will be paid out
vertime will be paid
tory time prior to
becoming working retirees will still be eligible.
f. Working- retirees-- have -a- two -year --cap eaning that they will only be allowed to participate
in the working retiree program for a maximum of two (2) years. Waivers to the two-year ca -p
may be granted by the
or above, or because of their -specialized skills, exper
the Board to be desir
--Prior to Weld
- = . to sign an at -will
employment contract. Such contra is sha be reviewed annually-d-uc+n-g-the-budget process
for consideration in the next year's budget.
retiree" status is only -available for those employees -who are eligible to retire (age fifty-five [55]) and
whose service and age, when added together at reti
fight {80] or more (example:
fifty-five [55] year idual, with twenty-five [25] years of service). Other rules and restrictions
1. Rehired as a working retiree in the appropriate
with any new hire.
a -Vacation and, if appropriate, sick time benefits, paid out upon termination of -regular
employment.
a. Position will not be considered job share, nor will the employee receive job share benefits.
4.
5.
6.
y --wilt be filling, Step 1 as
7. Working retirees n+neteen (19) or fewer hours per week under agreements signed prior
to July 6, 20-10, shall be grandfathered--to-
"Rule of 80" rade/Step they
following rules shall apply to them:
a Vacation and, if appropriate, sick time benefits, paid out upon
employment.
b. --Follows all other policies of part-time employment.
C
d. No maximum time limit.
(Weld County Code Ordinance 200-3 4; Weld County Code Ordinance 2005 11; Weld County
08 6; Weld County Code Ordinance
2008 14; Weld County Code Ordinance -2010-8 ; Weld County Code Ordinance 2014-12)
Section 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 [551) and whose service and age, when added together at retirement,
equals eighty 80) or more (example: fifty-five 1551 year old individual, with twenty-five [25] years of
service:
County employees under the Weld County Retirement Plan taking in-service distribution retirement
benefits will not make retirement plan contributions and will no longer receive disability insurance
coverage, but may be eligible for health, dental, vision, life insurance and other employee benefits
offered other County employees.
Upon repeal and reenactment of this Section 3-2-100, County employees currently taking in-service
distribution retirement benefits are reclassified from "Working Retiree" status to "Regular Full -Time"
status. As a result, "Working Retiree Agreements" are no longer necessary.
Employees retiring from County service under the State of Colorado PERA retirement program shall be
governed by PERA rules and regulations for employees working after service or disability retirement.
Refer to PERA rules and regulations.
Sec. 3-2-110. - Benefit table.
Table 3.3 describes benefits by employee type for County employees:
Table 3.3
Benefit Table by Employee Type
Yes
N o
No
Step
Progression
Health
Insurance
Disability
Insurance
Life Insurance
Retirement
Plan +
Sick Leave
Full -Time
Regular
Yes
Yes
Seasonal
*Yes
No
N o
Part -Time 20-39 Temporary or less Working R-eti -ee
hours/week than 20 hours/week 20 3-8 hours/week
*Yes I **No
Yes
Yes
Yes
No
*Yes
No
No Yes
Vacation Leave
Yes No
No
N o
No
Yes
N o
Yes
N o
*Yes
*Yes
N o
No
*Yes
*Yes
Holiday
Pay
Yes
No
*Yes
No
*Yes
Personal
Leave
Yes
No
*Yes
No
*Yes
Bereavement
Leave
'al
Yes
No
Yes
No
*Yes
Grievance
Rights
s
Yes
No
No
No
No
Prorated. An employee must consistently work 20 hours or more per week to receive a prorated health
insurance benefit.
**Temporary part-time employees working 30 39 hours are eligible for health insurance.
+ All employees of the Department of Public Health and Environment will be members of PERA.
es must refer to their employment -contr
eligibility.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2008-6; Weld County
Code Ordinance 2010-8 ; Weld County Code Ordinance 2014-12 ; Weld County Code Ordinance
2016-08 ; Weld County Code Ordinance 2017-07 )
Sec. 3-4-70. - Grievance hearing.
D. Procedure and evidence. The hearing shall be conducted informally and shall not be subject to strict
judicial or technical rules of procedure. A wide latitude in the manner of presenting the respective
positions should be afforded the parties. The grievance hearing pursuant to these rules shall not be a
hearing under the Administrative Procedures Act or an arbitration which may be subject to the rules
of the American Arbitration Society
1. Each party shall. prior to or during the hearing. be entitled to submit memoranda concerning any
matters being considered by the Grievance Board. Such memoranda shall become a part of the
hearing record.
2. The Grievance Board may exclude unduly repetitious evidence.
3. The Grievance Board may consider all relevant evidence.
4. Both parties may call witnesses to testify on their behalf and present evidence which is relevant.
The grieving party's main personnel file shall automatically become a part of the hearing record.
The Grievance Board shall not be permitted to consider any portion of any other employee's
personnel file without a signed and notarized consent from said employee included in the
documentation being considered.
5 The Grievance Board shall establish the time limit of 180 minutes each to the employee and the
Department Head, for the full presentation of their cases, to include opening and closing
statements, presentation of evidence and argument, questioning and cross examining of all
witnesses/employees. The Grievance Board may extend this time for presentation of evidence
and argument if necessary in light of circumstances that could not reasonably be anticipated.
6. In the event an employee is represented by an attorney, notice of such representation must be
submitted to the Human Resources Office at least five (5) days prior to the hearing so that the
County Attorney may be prepared to represent the department head or elected official. If the
e mployee cannot afford an attorney, the Grievance Board may, at its discretion, allow a person
who is not an attorney to represent the employee.
7. Any attorney who represents a grieving employee shall be paid by the employee. In no event
shall the County be obligated to pay the grieving employee's attorney fees or any costs incurred
by the employee in the course of the grievance hearing process, including paying the
e mployees' wages while they prepare for the :grievance.
8. Any County employee who is requested by either party to testify at the hearing must comply
with the request. Failure to appear and testify upon request will subject the employee to
disciplinary action.
9 The Grievance Board members shall not conduct their own pre -hearing investigations or talk
with the department head. elected official or any other persons connected with the case about
the facts of the case. Discussions, if any.. prior to the hearing shall be limited to discussions with
the Director of Human Resources as to procedural matters and the method of conducting the
hearing.
E Burden of proof. The grieving employee -will have the burden of going forward to establish a prima
facie case regarding his or her grievance. Prima facie means sufficient evidence to prevail until
overcome by other evidence. The department head or elected official shall then have the burden of
persuading the Grievance Board of his or her position by a preponderance of evidence.
Drnnnnder�nce of the evidence � defined as that evidence which is most cony i ivvawi vv vav v vv.vv v vv.
)
FE. Standard of Review. The Grievance Board shall determine whether the department head's decision
to discipline the employee was an abuse of discretion. An abuse of discretion occurs when the
department head has failed to exercise sound, reasonable, and legal decision -making, or the
disciplinary decision is unsupported by the evidence. The Grievance Board shall not substitute its
own decision for that of the department head.
GF. Record of hearing. A record of the hearing shall be kept by an electronic recording unit. Either
party may request the use of a court reporter instead of or in addition to the electronic recording unit.
The requesting party shall pay for all costs associated with using the court reporter.
HG. Decision of the Grievance Board.
1 The Grievance Board shall determine whether the department head's decision to discipline the
employee was an abuse of discretion. If the Grievance Board determines that the department
head did not abuse his or her discretion. it shall dismiss the appeal. If the Grievance Board
determines that the department head abused his or her discretion, it shall recommend an
appropriate remedy. The Grievance Board may recommend that the employee be reinstated,
demoted. suspended, reprimanded, warned, or any combination of these actions.
2 The Grievance Board shall not formulate any policies or procedures, but may interpret policies
and procedures set forth in this Chapter. The Grievance Board shall defer to the department
head's reasonable interpretation of departmental policy and procedures. The Grievance Board
shall not fashion any binding remedy, but may suggest remedies to department heads or
e lected officials. A majority vote of the Grievance Board shall represent the official
recommendation of the Grievance Board.
Upon completion of the grievance process and within ten (10) days of the hearing's conclusion,
a written report of the findings of fact and a decision of the Grievance Board will be prepared. A
copy will be distributed to the grieving employee. the grieving employee's supervisor and
department head or elected official and the Department of Human Resources.
4. The Grievance Board's decision is final, unless timely appeal is made to the Board of County
Commissioners as indicated below.
1H. Appeal. Any party who seeks to modify the decision of the Grievance Board may appeal the matter
to the Board of County Commissioners. To do so. the party must file a written notice of appeal with
the Director of Human Resources within ten (10) days of receiving the Grievance Board's decision.
The notice of appeal must specifically state what part of the decision the party seeks to have
modified and the reasons therefore. The notice shall not exceed five (5) pages in length. The party
opposing the modification may submit a memorandum brief. but must do so within five -ten (510)
working days of receiving the notice of appeal. Any such memorandum brief shall not exceed five (5)
pages in length.
Review of appeal.
1. The Director of Human Resources shall transmit the Grievance Board's decision. the notice of
appeal and any memorandum brief to the Board of County Commissioners for review within
twenty-one (21) days of receiving the notice of appeal.
2. The Board of County Commissioners may affirm the Grievance Board's decision, modify it in
whole or in part or remand the matter to the Grievance Board for further fact-finding. A
modification may only be made if, based upon the Grievance Board's findings of fact, the
decision is clearly wrong or is in excess of the Grievance Board's jurisdiction. authority,
purposes or limitations as defined by this Chapter and the procedures outlined in Chapter 2 of
this Code. The Board of County Commissioners may review the entire hearing record upon a
majority vote of the Board of County Commissioners. The Board of County Commissioners shall
transmit a written decision on the appeal to the Director of Human Resources within ten (10)
working days after receiving the Grievance Board's decision, the notice of appeal and any
memorandum brief from the Director of Human Resources. The Director of Human Resources
shall thereafter communicate the decision to the employee within five (5) working days of
receiving the Commissioners' decision.
3. Regardless of the above -stated grievance procedures, all employees are considered to be at -
will employees and these procedures are not intended to create, nor are they to be considered
to constitute. a contract between the County and any one (1) or all of its employees.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14; Weld County
Code Ordinance 2007-4; Weld County Code Ordinance 2012-8 ; Weld County Code Ordinance
2014-12 ; Weld County Code Ordinance 2016-08 )
ARTICLE VI - Leave Time Benefits
Sec. 3-6-05. - Leave restriction.
Employee Leave Benefits are not an entitlement they are a privilege to be earned and can be
changed or revoked by the County.
With the exception of FMLA/ADA purposes, an employee may not have more than six (6) months of
combined paid or unpaid leave during any twelve-month period unless the employee's supervisor, in
consultation with his or her department director or elected official. believes it to be in the County's best
interests to allow the employee to have more than six (6) months of leave.
(Weld County Code Ordinance 2012-8 ; Weld County Code Ordinance 2017-07 )
Sec. 3-6-10. - Vacation leave.
A. No annual leave is earned during the first six (6) full pay periods of employment. Upon successful
completion of the first six (6) full pay periods, employees eligible for vacation accrual will be awarded
earned vacation hours. Successful completion means that the employee meets or exceeds appraisal
standards on the employee's six-month performance appraisal. Employees may schedule vacation
leave after the successful completion of the first six (6) full pay periods.
B. Vacations must be scheduled in advance with the employee's supervisor. Vacation time will only be
paid if taken on days the employee is scheduled to work. No vacation time will be paid for normal
days off. At no time will an employee be paid regular pay and vacation pay for the same time.
Vacations shall not conflict with work requirements of the department. Scheduled vacations may be
canceled at any time for any reason by the department head or elected official. Annual vacation is
earned according to length of County service as shown on Table 3.4. Accrued vacation hours must
be earned prior to being available to the employee.
Table 3.4
Annual Vacation Accrual
Continuous
County Service
Years of
Hours
Monthly
Accrued
Part
Time Accrual(based
weekly
on 7
hours)
Retired With Benefits
�
Accrual
.50
.75
-5
795
750
785
Under
5
8
4
6
4
6
64
74
5
through
9
10
5
7.5
5
775
8.5
9.5
10
through
19
12
6
9
6
9
4-0T2
11.4
20
13.33
6.5
10
6.5
4O
11.33
12.66
C. An employee cannot accumulate in excess of three hundred twenty (320) hours (prorated for benefit
eligible part time employees, based on Table 3.1). Vacation time cannot be used in conjunction with
a termination. The last day worked will be considered the termination date. with the exception of
retiring employees. Earned but unused vacation is only payable upon termination of employment.
Official holidays occurring during vacation leave are counted as holidays. not as vacation. Illness
and emergency closure days during vacation periods are counted as vacation days.
Department heads. chief deputies and elected officials designated by the Home Rule Charter and
the Board of County Commissioners do not accrue paid vacation.
( Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4; Weld County
Code Ordinance 2012-8 ; Weld County Code Ordinance 2015-18 : Weld County Code Ordinance
2016-08 ; Weld County Code Ordinance 2017-07 )
Sec. 3-6-20. - Sick leave.
Sick leave is not a right. It is a privilege given to eligible employees to be used in the following
circumstances:
1 When an employee is unable to perform the job duties because of illness, injury or any other
medically disabling condition.
2. When the employee has medical, surgical, dental or optical examinations or treatment.
a. 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 a disruption may occur, the employee shall notify their supervisor as soon as
they are aware of the treatment or appointment.
3 An employee who is required to care for members of his or her immediate family, as defined
under the Federal 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 Sick leave during. and as the apparent result of, a pandemic health emergency which has been
declared by the County Health Officer shall be addressed in the same manner as regular sick
leave, with no change in the rules set forth in this Article, except for modification as detailed in
the rules set forth in Subsections E and F below
B All regular employees are eligible for sick leave after one (1) full pay period of employment. The
accrual rate is shown on Table 3.5:
Table 3.5
Sick Leave Accrual Rates
Sick Accrual
Hours Accrued Monthly
Regular
Employee
8
Part
Time .75
6
Part
Time
.50
4
Retired with
Benefits
4
.50
Retired with
Benefits
6
.75
Reti-red with
Benefits
64
.85
Retired with
Benefits
7,6
.95
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14; Weld County
Code Ordinance 2009-10; Weld County Code Ordinance 2010-8 : Weld County Code Ordinance
2012-11 ; Weld County Code Ordinance 2014-12 ; Weld County Code Ordinance 2015-18 ; Weld
County Code Ordinance 2016-08 ; Weld County Code Ordinance 2017-07 ; Weld County Code
Ordinance 2018-08 )
Sec. 3-6-70. - Holidays.
A. Employees will be paid for the equivalent of eight (8) hours of Holiday Pay for each holiday
recognized by the Board of County Commissioners through the procedure detailed below, with such
Holiday Pay being prorated accordingly for part time employees. All regular and part time employees
will receive paid holidays. Dates will be established annually and will be published by resolution of
the Board of County Commissioners. Recognized holidays may include the following:
1. New Year's Day.
2. Martin Luther King Day (floating)
3. President's Day.
4. Memorial Day.
5. Fourth of July.
6. Colorado Day (floating).
7. Labor Day.
8. Columbus Day (floating).
9. Veterans Day.
10. Thanksgiving Day.
11. Christmas Day.
B. Regular employees shall consider a holiday as eight (8) hours of paid time; holiday pay will be
prorated for benefit eligible part time employees based on their standard weekly hours, for example:
part time .75, six (6) hours; part time .50, four (4) hour- : nd retired with benefits .95, seven and six -
tenths (7.6) hours, retired with benefits .85, six and - . -tenths (6.8) hours, retired with benefits .75,
six (6) hours, and -retired with benefits .50, four (4) hours of paid time. These hours may or may not
correspond with the assigned work shift. To be eligible for holiday pay, an employee must be on paid
status the scheduled workday before and the scheduled workday after the holiday. Employees
working on an official holiday may receive a day off in lieu of the official holiday or may be paid
straight time for working on the holiday. No employee assigned to shift work shall receive a greater
or a lesser number of holidays in any calendar year than employees regularly assigned to work
during the normal workweek.
C. A day proclaimed a day of national/state mourning or celebration shall be treated the same as a
holiday described in Subsection B above.
The Board of County Commissioners hereby reserves to itself the authority to establish legal
holidays for all County offices.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2010-8 ; Weld County
Code Ordinance 2015-18 ; Weld County Code Ordinance 2016-08 )
Sec. 3-8-20. - Reporting of injuries.
A. A. If an employee is injured while in the scope of their position duties, even slightly, or suspects
he or she has been injured, the employee must report this fact to his or her immediate supervisor
at onceimmediately, even if no medical attention is necessary.
B. To be eligible for workers' compensation benefits, an employee must be examined and treated
initially by one of the established County Workers' Compensation primary designated medical
care facilities.
B.C. The injured employee needs to complete Tthe Employee's Written Notice of Injury to Employer
must be completed, signed and submitted to the Department of Human Resources within twenty-four
(24) hours of the accident injury, or perceived occupational disease. The Supervisor's
Accident/Incident Report must be completed, signed and submitted to the Department of Human
Resources within forty-eight (48) hours of the accident, injury or perceived occupational disease.
CD. Workers' compensation claims require the following procedures:
1 Employees injured while performing assigned duties must report the accident immediately for
medical assessment, injury evaluation and treatment. as well as to prevent future accidents.
2. Employees seek+lf an employee needs medical treatment for a work -related injury, he or she
must present to one (1) of the County designated providers.
3 Worker's compensation leave runs concurrently with FMLA benefit tracking pending FMLA
leave qualification review and approval.
DE. Alternative medical services will not be paid unless medical referral is made by the workers'
compensation designated provider. Before any injured employee may return to work, a physician's
update is required from the designated provider. The injured employee must keep their supervisor,
department head or elected official and the Department of Human Resources informed of his or her
conditionwork status. Injured employees able to perform modified job duties may be assigned
temporary positions, if available. by the department head or elected official after consultation with the
Department of Human Resources.
EF. While an employee is on workers' compensation leave. with the exception of up to twenty-four (24)
hours or the first three assigned scheduled shifts, the employee may not use sick or vacation leave
or accumulated benefit leave and will not be eligible for Short- or Long-term disability benefits.comp
time.
FG. An employee's status with respect to benefits during leave of absence without pay that is covered
under FMLA shall be the same as that stated under the Family and Medical Leave Policy set forth in
Paragraphs 3-6-50 J 1 4.
GH. An employee's status with respect to benefits during a leave of absence without pay that is not
covered under FMLA.
1 During workers' compensation leave, an employee does not accumulate sick or vacation leave_
following the expiration of approved FMLA leave.
2 While on unpaid leave, health benefits will continue at the same level and under the same
conditions as if the employee had continued to work as long as the employee pays the
employee and employer portions of the premium. The employee must continue to make this
payment, either in person or by mail. The payment must be received in the Department of
Accounting by the end of each month. If the payment is more than thirty (30) days late, the
employee's health care coverage may be dropped for the duration of the leave and will only be
effective up to the last day in which coverage was paid.
3. If the employee contributes to a life insurance plan. the employee must continue to make those
payments. If the employee does not continue these payments, the County may discontinue
coverage during the leave period or will recover the payments at the end of the leave period in a
manner consistent with the law.
4. If health and life benefits are terminated during the leave of absence due to nonpayment of the
premium, the employee will be required to wait until open enrollment to re -enroll in those
benefits.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4; Weld County
Code Ordinance 2007-11: Weld County Code Ordinance 2008-6; Weld County Code Ordinance
2010-8 ; Weld County Code Ordinance 2014-12 )
Sec. 3-12-20. - Mandatory payroll deductions.
A. Federal income tax. The federal government requires the County to withhold a certain percentage of
an employee's pay to enable the employee to pay federal taxes due each year The percentage
amount withheld is based on the amount of wages and the number of exemptions claimed, as
indicated on the employee's W-4 form. The number of exemptions claimed may be changed by the
employee as necessary. The employee shall contact the Department of Human Resources regarding
any changes.
B. State income tax. The State of Colorado requires mandatory deduction for state income tax. The
amount taken out of an employee's pay is based on wages and the number of exemptions claimed
on the employee's W-4 form.
C Federal Insurance Contributions Act (FICA). This program provides retirement, disability and
survivor benefits. The amount deducted from an employee's pay is based on total wages earned,
and this amount is matched dollar -for -dollar by the County. County employees are required to pay
Social Security and Disability tax and Medicare (Hospital Insurance) tax. PERA members pay only
Medicare.
Retirement contributions. The County provides retirement benefits for regular County employees
through PERA or the Weld County Retirement Plan. Plan descriptions are as follows:
1. PERA. The District Attorney and all employees of the Department of Public Health and
Environment are required to belong to the Public Employees Retirement Association (PERA).
Employee and County contributions are as determined by PERA through state legislation.
Member employees should refer to the pamphlet issued by PERA for details of the plan.
Employees on PERA are required to pay Medicare (Hospital Insurance) tax.
2. Weld County Retirement Plan. All full-time, regular County employees, except those on PERA,
or those currently receiving their retirement benefits, are required to participate in the Weld
County Retirement Plan. The employee must contribute nine percent (9%) of gross earnings
each month. Employee contributions are deferred from state and federal taxable income. The
County matches all regular contributions. Member employees should refer to the booklet
provided by the Weld County Retirement Board for details of the plan.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4; Weld Count)
Code Ordinance 2010-8 )
Sec. 3-13-30. - Prohibited conduct.
B. Controlled substances.
1. Employees who perform a safety -sensitive function are strictly prohibited from using or ingesting
prohibited drugs at any time, except when the use is pursuant to the instruction of a physician
who has advised the employee that the substance does not affect the employee's ability to
safely perform his or her job. Any employees taking such a substance at a physician's
instruction must inform the County of such drug use. The County retains the right to
verify the use with the employee's physician. Manufacturing, distributing, dispensing,
possessing or using controlled substances in the work place is prohibited, pursuant to the Drug -
Free Workplace Act. Pursuant to County policy, any employee who manufactures,
distributes, dispenses, processes, sells, attempts to sell or arranges to sell a controlled
substance to any other person, whether on or off County property, whether on or off
duty, shall be subject to discipline up to and including discharge.
2. As referred to in this policy, a controlled substance or prohibited drug means marijuana,
cocaine, opioidsopiates, amphetamines or phencyclidine. FTA regulations currently prohibit the
performance of safety -sensitive functions when a prohibited level of any of five (5) specified
drugs is detectable in the employee's urine.
(Weld County Code Ordinance 2003-3)
Sec. 3-13-50. - Testing for controlled substances.
A. Drug testing of safety -sensitive employees authorized by FTA regulations is limited to
Marijuana metabolites/THC, Cocaine metabolites, Codeine/Morphine, 6-Acetylmorphone,
Phencyclidine (PCP), Amphetamine/Methamphetamine, Methylenedioxymethamphetamine
(MDMA), and Opioids (hydrocodone, hydromorphone, oxycodone and oxymorphone). Some
common names for these opioids includes frequently prescribed pain medications such as
Oxycontin, Percodan, Percocet, Vicodin, Lortab, Norco, Dilaudid & ExalgoDrug testing of
safety -sensitive emp oyees authorizes by FTA reg-u ations is limited to Marijuana metabolites/THC,
Cocaine metabolites, Phencyclidine (PCP}, Amphetamines, Metha-phetamine, and
Metiylenedioxymethamoietami-ne (N'DMA), Opiate metabo ites (Codeine, Morphine, and Heroin).
B. While drug testing by the County normally will be limited to the substances listed above, the
County reserves the right, pursuant to its policy and its own authority, to require employees
to provide separate specimens for testing for other controlled substances, as permitted by
law. The County reserves the right, pursuant to its policy and its own authority, as permitted
by law, to perform drug tests of applicants or non -safety -sensitive employees using the same
procedures FTA requires for testing safety -sensitive employees.
C. Any employee who tests positive for opiates opioids who neither admits to an unauthorized use of
anopiate--opioid nor can provide a valid medical explanation or prescription for the opiate opioid
present in his or her urine sample shall be required to undergo a physical examination with a
physician (M.D.). The purpose of the exam is to determine if the donor is exhibiting any physical
signs of any opiate opioid use, abuse or withdrawal that would provide the required clinical evidence
necessary for the Medical Review Officer to report the test as a positive test result. If no clinical
evidence is detected, the result is verified negative by the Medical Review Officer and reported to the
County as a negative test result. The employee shall be required to pay for any such exam by the
physician (M.D.).
(Weld County Code Ordinance 2003-3; Weld County Code Ordinance 2014-12 )
Sec. 3-14-30. - Prohibited conduct.
B. Controlled substances.
1. Pursuant to County policy, any driver who manufactures, distributes, dispenses, processes,
sells, attempts to sell or arranges to sell a controlled substance to any other person, whether on
or off County property, whether on or off duty, shall be subject to discipline up to and including
discharge.
2. As referred to in this policy, a controlled substance or prohibited drug means marijuana,
cocaine, opiates opioids (opium and codeine derivativeshydrocodone, hydroorphone,
oxycodone and oxymorphone), amphetamines and methamphetamines or phencyclidine (PCP).
Some common names for these opioids includes frequently prescribed pain medications
such as Oxycontin, Percodan, Percocet, Vicodin, Lortab, Norco, Dilaudid & Exalgo
FMCSA regulations prohibit the performance of safety -sensitive functions when a prohibited
level of any of the five (5) specified drugs is detectable in the driver's urine.
3. An employee will not be allowed to perform or continue to perform safety -sensitive functions if
the County has actual knowledge that the employee was using controlled substances at any
time or alcohol during the performance of a safety -sensitive duty or four (4) hours prior to
reporting to duty for a covered position.
(Weld County Code Ordinance 2003-3; Weld County Code Ordinance 2014-12 )
Sec. 3-14-50. - Testing for controlled substances.
A. Drug testing of drivers who perform safety -sensitive functions is limited to the following substances:
1. Marijuana.
2. Cocaine.
3. Amphetamines and methamphetamines.
4. Opiates Opioids (hydrocodone, hydromorphone, oxycodone and oxymorphone). Some
common names for these opioids includes frequently prescribed pain medications such
as Oxycontin, Percodan, Percocet, Vicodin, Lortab, Norco, Dilaudid & Exalgo.(ei., heroin,
codeine).
5. Phencyclidine (PCP).
B.
(Weld County Code Ordinance 2003-3; Weld County Code Ordinance 2014-12 )
WITN ESSETH:
APPENDIX 3 C WELD COUNTY RETIRED EMPLOYEE EMPLOYMENT CONTRACT
THIS WELD COUNTY RETIRED EMPLOYEE EMPLOYMENT CONTRACT ("Contract") is entered
this day of , 20 , by —a-nd between
,
WHEREAS, Retired Employee has been -employed by Weld County and intends to retire under the
; and
WHEREAS, post retirement; Retired Employee desires to be employed with Weld County,
commencing on
Contract in the position of ; and
WHEREAS, Weld County sees the bene
to utilize his or her expertise and experience, and -for training purposes;--for--
agree as follows:
:o perform the duties of
as- Grade , Step of the Weld County pay grade system.
annually in the same manner -as other Weld County employees in similar positions. Retired
Employee's specific duties shall- be as determined by his or her supervisor. Reti-red Employee -shall
1
at a salary the same
working the same number of hours, which benefits are detailed in the Weld County Home Rule
1
rig its anc procecures founc in Article V of saic Chapter 3. Additionally, Retired Employee shall not
ation for the employment contemplated in this
Contract. Retired Employee may be eligible for health, dental and vision insurance either a.1 a
reemployed worker pursuant to this Contract, or through the retiree , es-
The- employment contemplated in this Contract is "at -will." Both the Retired Employee and the
County have the ri
1
otice of such termination. This Contract does not create any right
to or employment.
This Contract does not alter or diminish the right of the Board of County Commissioners of Weld
II department heads, to determine the structure
and organization of the
such- officials, shalt create the greatest efficiency and highest level of service to citizens of the
e following: w
changes, privatization, contracting out, policy decisions, funding reductions, departmental
which reasons may result in the termination of
,
this Contract.
/1. Retired Employee shall be eligib
earned under the Plan. Retired Employee understands that his or
t ---with
of calculating any retirement benefits. After Retired Employee's retirement date as stated above, no
additional contributions shall be
contributions be deducted from his or her salary.
5- For purposes of the P- lan—and the Internal Revenue Services, Retired Employee's contract
employment status pursuant to the terms of this Contract is the same as a contract employee paid
1
ee
through the Weld County payroll and personnel system. Retired Employee's contract employment
tirement policies.
Retired Employee- I r, but may -work less than
this number of hours as agreed between the Employee and his or her supervisor.
7. Retired Employee's employment pursuant to this Contract shall be subject to regular performance
reviews. As an at -will --employee, Retired Employee may be terminated if performance of duties does
not meet his or her supervisor's expectations.
Retired Employee acknowledges that, prior to executing this Contract, he or she had the opportunity
9 By signing below, Retired Employee affirms that no promise or representations have been made to
him or her with respect to contract employment post retirement, other than what is stated in this
Contract. In making his or her decision to retire, Retired Employee has not relied upon any statement
or represen:a:ion o_ ler _ Ian w is : is s_a_ec in Con:rac:.
10. This writing constitutes the entire Contract between the parties hereto with respect to the subject
their• -s;employees, agents and assigns.
11-. It is expressly understood and agreed that the terms and of this Contract, and all rights of action
re • ,-shall be strictly reserved to the undersigned parties, and nothing in this
Contract shall -give or allow any clal
in this- Contract. - It is the express intention of the undersigned parties that any entity other than the
undersigned parties
beneficiary Only-.
12. No portion of this Contract shall be deemed to constitute a waiver of any immunities the parties may
possess,
not previously exist with respect to any person not a party to this Contract.
The undersigned hereby enters into this Contract with a full understanding and acceptance of the
terms
RETIRED EMPLOYEE:
/s/
Retired Employee's Signature
Date
CONCURRENCE:
Is/
Elected Official/Department Head
Date
Hello