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Home My WebLink About20191825.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-07 was introduced on first reading on May 13, 2019, and a public hearing and second reading was held on June 3, 2019. A public hearing and final reading was completed on June 19, 2019, with changes being made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-07 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY CODE EFFECTIVE DATE: July 1, 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 21, 2019 PUBLISHED: June 26, 2019, in the Greeley Tribune ******* CHANGES MADE TO CODE ORDINANCE 2019-07 ON FINAL READING CHAPTER 3 HUMAN RESOURCES ARTICLE II - Employment Information Amend Sec. 3-2-100. Employees taking in-service distribution retirement benefits, to read as follows: 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). 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. If an employee transfers from a department with one of the County's retirement plans to a department with a different retirement plan (i.e. from the County Retirement Plan to PERA or from PERA to the County Retirement Plan) the retirement deduction coming out of their pay will not change until the new pay period. ARTICLE V - Termination of Employment Amend Sec. 3-5-20. Resignation or retirement. A. thru C. — No change. D. Final pay for terminating employees will be issued twice a month; the second Tuesday of the month and 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 employee's current address or, upon request, may be picked up in the Department of Human Resources after 4:30 p.m. on the day the pay is issued. ARTICLE VI - Leave Time Benefits Amend Sec. 3-6-10. Vacation leave. A. and B. — No change. Amend Table 3.4 Remainder of Section — No change. Amend Sec. 3-6-20. Sick leave. A. thru B. — No change. Amend Table 3.5 Remainder of Section — No change. Affidavit of Publication NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-07 was introduced on first reading on May 13, 2019, and a public hearing and second reading was held on June 3, 2019. A public.hearing and final reading was completed on June 19, 2019, with changes being made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, ex- hibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office -of the Clerk to the Board of County Commissioners, locat- ed within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspond- ence into the case file, please send a copy to egesick@wel dgov.com. ORDINANCE NO. 2019-07 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, TRATIONAND CHAPTER 3 HUMAN RESOURCES, ADMINIS- TRATION OF THE WELD -COUNTY CODE EFFECTIVE DATE: July 1, 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 21, 2019 **irk.* CHANGES MADE TO CODE ORDINANCE 2019-07 ON FINAL READING CHAPTER 3 HUMAN RESOURCES • ARTICLE II - Employment Information Amend Sec. 3-2-100. Employees taking in-service distribu- tion retirement benefits, to read as follows: Employees covered by the Weld County Retirement Plan may take in-service distribution retirement benefits once the employ- ee reaches normal retirement age without separating their regu- lar 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 add- ed together at retirement, equals eighty (80) or more (example: ple: fifty-five 1551 year old individual, with twenty-five [251 years of service). County employees under the Weld County Retirement Plan tak- ing in-service distribution retirement benefits will not make retire- ment plan contributions and will no longer receive disability in- surance 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 ben- efits 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 Cm�es and ro egulations ations for eA mployees working ram shall naftea service rned cPERA or dis- ability retirement,. Refer to PERA rules and regulations. If an employee transfers from a department with one of the County's• retirement plans to a department with a different retire- - ment plan (re. from the County Retirement Plan to PERA or from PERA to the County Retirement Plan) the retirement deduction coming out of their pay will not change until the new pay period. ARTICLE V - Termination of Employment . Amend Sec. 3-5-20. Resignation or retirement. A. thru C. — No change. D. Final pay for terminating employees will be issued twice a month; the second oTuesday of the month and again during the normal issued payroll ui during Ithe normal payroll process ng period,r the month. If thee paal y w 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 employee's current address or, upon request, may be picked up in the Department of Human Resources after 4:30 p.m. on the day the pay is issued. ARTICLE Vt- Leave Time Benefits Amend Sec. 3-6-10. Vacation leave. A. and B. — No change. Amend Table 3.4 1A1I Remainder of Section — No change. Amend Sec. 3-6-20. Sick leave. Amend B. — No change. Amend Table 3.5 Remainder of Section — No change. The Tribune • June 26, 2019 STATE OF COLORADO County of Weld, I Jennifer Usher SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twenty -Sixth day of June A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty -Sixth day of June A.D. 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the, provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. June 26, 2019 Total Charges: $30.14 26th day of June 2019 My Commission Expires 08/13/2022 Notary Public 1 C VICKIE G GARRETTS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-07 was introduced on first reading on May 13, 2019, and a public hearing and second reading was held on June 3, 2019, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on June 19, 2019. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-07 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY CODE DATE OF NEXT READING: June 19, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 3, 2019 PUBLISHED: June 7, 2019, in the Greeley Tribune Affidavit of Publication NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-07 was introduced on first reading on May 13, 2019, and a public hearing and second reading was held on June 3, 2019, with no change being made to the text of said Or- dinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on June 19, 2019. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previ- ously submitted to the Board of County. Commissioners concem- ing this matter may be examined in the office of the Clerk to the Board. of County Commissioners, located within the Weld Coun- ty Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weidgov.com. ORDINANCE NO.: 2019-07 • ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTINGADMINIS- TRATION AND WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY CODE DATE OF NEXT READING: June 19, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 4, 2019 The Tribune June 7, 2019 STATE OF COLORADO County of Weld, I Jennifer Usher ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Seventh day of June A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Seventh day of June A.D. 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. June 7, 2019 Total Charges: $12.20 7th day of June 2019 My Commission Expires 08/13/2022 Notary Public VICKIE G GARRETS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-07 published below, was introduced and, on motion duly made and seconded, approved upon first reading on May 13, 2019. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on June 3, 2019. All persons in any manner interested in the reading of said Ordinance arerequested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-07 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY CODE DATE OF NEXT READING: June 3, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 17, 2019 PUBLISHED: May 22, 2019, in the Greeley Tribune ******* WELD COUNTY CODE ORDINANCE 2019-07 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION AND 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 2019-1825 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 2 ADMINISTRATION ARTICLE I Board Procedures Amend Sec. 2-1-125. Delegation of Authority to Sign Standard Form Agreements. The Board of County Commissioners periodically approves, by Resolution, standard form agreements, each of which are available from the Clerk to the Board's Office. A. The Chair to the Board is delegated the authority to sign any agreement in substantial conformance with the following: 1. thru 18. — No change. 19. Standard Form of Agreement for Municipal Jail Services. Remainder of Section — No Change. CHAPTER 3 HUMAN RESOURCES ARTICLE II - Employment Information Amend Sec. 3-2-60. Re-employment. At the discretion of the department or elected official, a regular employee who resigned and was in good standing at the time of the resignation, may be rehired. Upon re-employment, the employee shall be subject to all 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. Amend 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 (2) 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. '' .`rte) Amend Sec. 3-2-90. Employee definitions. A. thru H. — No change. Delete Table 3.1 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). 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. Delete Table 3.2 Amend Sec. 3-2-110. Benefit table. Table 3.3 describes benefits by employee type for County employees: Amend Table 3.3 Benefit Table by Employee Type ill - . ull Time F g 'Re u'Iar Seasonal Part Time 20 39 Temporaryor less than 20. hours/week:. Step r - " r`gr • i n..:. mP og ess o Yes No No No Health 7 4 Insurance Yes *Yes *Yes **No IDisability linsurance. Yes No Yes No Life Insurane;` I Yes No Yes No Retirement lPlarat.,,; - - Yes No No No 6SickfLeave� Y Yes No *Yes No i Vacation Leave Yes *Yes Holiday Pay [l Yes No I *Yes No Personal. Leave Yes No *Yes No Bereavement Leave Yes No *Yes No Grievance . , Rights . Yes 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. ARTICLE IV - Discipline and Grievance Amend Sec. 3-4-70. Grievance hearing. A. thru D.6. — No change. 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 employee's wages while they prepare for the grievance. 8. and 9. — No change. E. 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. F. 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. G. Decision of the Grievance Board. 1. thru 4. — No change. H. 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 ten (10) working days of receiving the notice of appeal. Any such memorandum brief shall not exceed five (5) pages in length. I. Review of appeal. Remainder of Section — No change. ARTICLE VI - Leave Time Benefits Amend Sec. 3-6-10. Vacation leave. A. and B. — No change. Amend Table 3.4 Annual Vacation Accrual Continuous Years of County Service Hours Accrued Monthly Part Time Accrual (based on weekly hours) 50 .75 Under 5 8 4 6 5 through 9 10 5 7.5 10 through 19 12 6 : 9 20 13.33 6.5 10 Remainder of Section — No change. Amend Sec. 3-6-20. Sick leave. A. thru B. — No change. Amend Table 3.5 Sick Leave Accrual Rates Sick Accrual Hours Accrued Monthly Regular Employee 8 Part Time .75 6 Part Time .50 4 Remainder of Section — No change. Amend Sec. 3-6-70. Holidays. A. — No change. 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) hours. 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. Remainder of Section — No change. ARTICLE VIII - Health and Safety Amend Sec. 3-8-20. Reporting of injuries. 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 supervisor immediately, even if no medical attention is necessary. B. To be eligible for workers' compensation benefits, an employee must :be examined .and treated initially byone of the established County Workers' Compensation primary designated medical care facilities. C. The injured employee needs to complete the 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. D. 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. If 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. E. 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 the supervisor, department head or elected official and the Department of Human Resources informed of his or her work 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. F. 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. G. 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. . H. 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 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. Remainder of Section — No change. ARTICLE XII - Payroll Amend Sec.'3-12-20. Mandatory payroll deductions. A. thru D.1. — No change. 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. ARTICLE XIII - Implementation of Federal Transit Administration Regulations on Drug Use and Alcohol Misuse Amend Sec. 3-13-30. Prohibited conduct. A. thru B.1. — No change. 2. As referred to in this policy, a controlled substance or prohibited drug means marijuana, cocaine, opioids, 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. Amend 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 and Exalgo. B. - No change. C. Any employee who tests positive for opioids who neither admits to an unauthorized use of an opioid, nor can provide a valid medical explanation or prescription for the 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 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.). ARTICLE XIV - Implementation of Federal Motor Carrier Safety Administration Regulations on Drug Use and Alcohol Misuse Amend Sec. 3-14-30. Prohibited conduct. A. — No change. B. Controlled substances. 1. — No change. 2. As referred to in this policy, a controlled substance or prohibited drug means marijuana, cocaine, opioids (hydrocodone, hydromorphone, oxycodone and oxymorphone), amphetamines and methamphetamines or phencyclidine (PCP). Some common names for these opioids include frequently prescribed pain medications such as Oxycontin, Percodan, Percocet, Vicodin, Lortab, Norco, Dilaudid and 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. Remainder of Section — No change. Amend 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. thru 3. — No change. 4. Opioids (hydrocodone, hydromorphone, oxycodone and oxymorphone). Some common names for these opioids include frequently prescribed pain medications such as Oxycontin, Percodan, Percodet, Vicodin, Lortab, Norco, Dilaudid and Exalgo. Remainder of Section — No change. Delete Appendix 3-C — Weld County Retired Employee Employment Contract BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with: the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid., Affidavit of Publication STATE OF COLORADO County of Weld, I Jennifer Usher SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twenty -Second day of May A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Twenty -Second day of May A.D. 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. May 22, 2019 Total Charges: $145.20 22nd day of May 2019 My Commission Expires 08/13/2022 Notary Public Q VICKIE GARRETTS S C 0 STATE OF COLORADO I 0 NOTARY ID 20144031754 0 MY COMMISSION EXPIRES AUGUST 13, 2022 S NOTICE OF FIRST. READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-07 published below, ,was introduced and, on motion duly made and seconded, approved upon first reading on May 1 2019. A public hearing and second reading is scheduled to be held in the Chambers of the Boar located within the Weld County Administration Building, 1150 O Street; Greeley, Colorado 80631 on June 3, 2019. All persons in any manner interested in the reading of said Ordinance are re- quested to attend and may be heard. Please contact the Clerk to the Board's office at phone (97 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as the result of a disability, yo, require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of. the Clerk to the Board of County Commissioners, Is cated within the Weld County Administration Building, 1.150 O Street, Greeley, Colorado,.betwee the hours of 8:00 a.m. and 5:00 p:m., Monday thru Friday„or may be accessed through the Weld County Web Page (www.Weldgov.com). E-mail messages sent to an individual Commissioner mi not be included in the case file: To ensure inclusion of your e-mail correspondence into the case file, please send a copy to egesick@weldgov.com. • ORDINANCE NO. 2019-07 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMEND- MENTS, CHAPTER 2 ADMINISTRATION AND CHAPTER 3 HUMAN RESOURCES, OF THE WEU COUNTY CODE DATE OF NEXT READING: June 3, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 'DATED: May 17, 2019 PUBLISHED: May 22, 2019, in the Greeley Tribune WELD COUNTY CODE ORDINANCE 2019-07 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION AND 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, pur- suant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority c 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 c before said date of adoption, and WHEREAS, the Weld County Code -is in need of revision and clarification with regard -to proce- dures, 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, anc1hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 2 ADMINISTRATION ARTICLE I - Board Procedures Amend Sec. 2-1-125. Delegation of Authority to Sign Standard Form Agreements, The Board Of County Commissioners periodically approves, by.Resolution, standard form agree- ments, each 'of which are available from the Clerk to the Board's Office. • A. The Chair to the Board is delegated the authority to sign any agreement in substantial confor- mance with the following: - 1. thru 18. — No change. 19. Standard Form of Agreement for Municipal Jail Services... Remainder of Section - No Change. CHAPTER 3 HUMAN RESOURCES ARTICLE II - Employment Information • Amend Sec. 3-2-60. Re-employment.. At the discretion of the department or elected official, a regular employee who resigned and was i good standing at the time of the resignation may be rehired: Upon re-employment, the -employee shall -be subject to all 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. . . Amend Sec. 3-2-70. Outside employment. An employee may engage in outside employment if there is no interference with. assigned workinc hours and duties,- if there are no real or apparent conflicts of interest with assigned responsibilitie: and if approved by the department head or elected official. Exceptions are when it would be pro- hibited 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 ifan employee testifies in a:professional capacity -on behalf of either an applicant oraopponent in a land use hearing before -the Board of County Commissioners. An employed may apply or have an interest in working in two (2) 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. . - Amend Sec. 3-2-90. Employee definitions. A. thru H. - No change. . Delete'Table 3.1 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 retire- ment benefits once the employee reaches normal retirement age without separating their regular employment from the County. To comply with IRS regulations for lb -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). County employees under the Weld County Retirement Plan taking in-service distribution retiremen 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 3-2-109, 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..Referto PERA rules and regulations. - Delete Table 3.2 . - • Amend Sec. 3-2-110. Benefit table. Table 3,3 describes benefits by employee type for County employees: Full -Time Regular Seasonal Part -Time 20-39 hours/week Temporary or less than 20 hours/week Step. Progression - Yes '- No No No.. .. Health Insurance Yes *Yes 'Yes - No Disability Insurance Yes - No Yes No Life Insurance- - Yes No Yes - No Retirement Plan + Yes - No - - No -. - No - Sick Leave Yes - No , 'Yes No Vacation Leave Yes - No *Yes No Holiday Pay - Yes -- No - Yes No Personal Leave Yes No .-*Yes No Bereavement Leave Yes - No 'Yes No Grievance Rights Yes ... 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 hoursare eligible for health insurance + All employees of the Department of Public Health and Environment will be members of PERA. ARTICLE IV Discipline and Grievance Amend Sec. 3-4-70. Grievance hearing. A. thru D.6. = No change. ' ' 7. Any attorney who representsa 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 employee's wages while they prepare for the grievance. 8. and 9. - No change.. E. Standard of Review. The Grievance Board shall determine whether the department head's de- cision 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. F. 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. G. Decision of the Grievance Board: 1, thru 4. - No change. H. 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 ap- peal 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 ten (10) working days of receiving the notice of appeal. Any such memorandum brief shall not exceed five (5) pages in length. I. Review of appeal. Remainder of Section - No change. ARTICLE VI - Leave Time Benefits Amend Sec. 3-6-10. Vacation leave. A. and B. - No change. Amend Table 3.4 Annual Vacation Accrual Continuous Years of County Service Hours Accruedltilonthly PartTimeAccrual (based on weekly hours) .50 .75 Under5 8 4 6 5 through 9 10, 5 7.5 10 through 19 12 .. 6 20 13.33 6.5 10.' <.. Remainder of Section — No. change. Amend Sec. 3-6-20. Sick leave. A. thru B. - No change, Amend Table 3.5 Sick -Leave Accrual Rates Sick Accrual Regular Employee Part Time .75 Part Time .50 Hours Accrued Monthly 8 6 4 - Remainder of Section - No change. AmendSec. 3-6-70. Holidays. A. — No change. 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; park,"time .50, four (4) hours. Thesehours may of 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. Employ- ees working onan official holiday may receive a day off in lieu of the official holiday or may be pal straight time for working on the holiday. No employee assigned to shift work shall receive a great( or a lesser number of holidays in any calendar year than employees -regularly assigned to work during the normal workweek: - • Remainder of Section - No change. . ARTICLE VIII - Health and Safety . Amend Sec. 3-8-20. Reporting of injuries. A. If an employee is injured while in the scope of their position duties, even slightly, or suspects hi or she has been injured, the -employee must report this fact totis or her supervisor immediately, 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. C. The injured employee needs to complete the 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': Accident/Incident Report must be completed, signed and submitted to the Department of Humar Resources within forty-eight (48) hours of the accident, injury or perceived occupational disease. D. Workers' compensation claims require the following.prccedures: 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. If an employee needs medical treatment for a work -related injury, he or she must present to on (1) of the County designated providers. ' ' 3. Worker's compensation leave runs concurrently with FMLA benefit tracking pending FMLA lea\ qualification review and approval. E. 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' update is required from the designated provider. The injured employee must keep the supervisor, department head or elected official and the Department of Human Resources informed of his or • her work status. Injured employees able to perform modified job duties may be assigned tempo- rary positions, if available, by the department head or elected official after consultation with the Department of Human Resources. F. 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 vacatior leave or accumulated benefit leave and wilt not be eligible for Short- or Long-term disability benefits. ' G. 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 Polici set forth in Paragraphs 3-6-50.J.1-4. H. An employee's status with, respect to benefits during a leave of absence without pay that is nc covered under FMLA. ' 1. During workers' compensation leave, an employed 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.con- ditions as if -the employee had continued to work as long as the 'employee pays the employee of the premium. The employee must continue to make this payment, either. in person or by Mail: Th, payment must be received in the Department of Accounting by the end of each month. If the pay meet ismore 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. Remainder of Section.- No change. ARTICLE XII - Payroll . ' Amend Sec. 3-12-20. Mandatory payroll deductions. A. thru D.1. — No change. 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 Coun 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 matcher all regular contributions.. Member employees should refer to the booklet provided by the Weld County Retirement Board for details of the plan. 'ARTICLE XIII - Implementation of Federal Transit Administration Regulations on. Drug Use and Alcohol Misuse • - Amend Sec. 3-13-30, Prohibited conduct. A. thru B.1. — No change. .2. As referred to in this policy, a controlled substance or prohibited drug means marijuana, co- caine, opioids, amphetamines or phencyclidine. FTA regulations currently prohibit the pefforman of safety- sensitive functions when a prohibited level of any of five (5) specified drugs is detectab in the employee's untie. Amend Sec. 3-13-50. Testing for controlled substances. - A. Drug testing of safety -sensitive employees authorized by ETA. regulations is limited to Marijuai metabolites/THC, Cocaine metabolites, Codeine/Morphine, 6- Acetylmol'phone, Phencyclidine (PCP), Amphetamine/Methamphetamine, Methylenedioxymethamphetamine (MDMA), and Opioi (hydrocodone, hydromorphone, oxycodone and oxymorphone). Some common names for thesi opioids includes frequently prescribed pain medications such as Qxycontin, Percodan, Percocel Vicodin, L,ortab, Norco, Dilaudid and Exalgo. - B. - No change. - . .• . C, Any employee who tests positive for opioids who neither admits to an unauthorized use of an opioid, nor can provide a valid medical explanation or prescription for the opioid present in his o her urine sample, shall be required to undergo a physical examination with a physician (M.D.). Ti purpose of the exam is to determine if the donor is"exhibiting any physical signs of any opioid u: 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 negativ test result. The employee shall be required to pay for any such exam by the physician (M.D.). Amend Sec. 3-14-30. Prohibited conduct: A. - No change. B. Controlled substances. 1. - No change. - - 2. As referred to in this policy, a controlled substance or prohibited drug means marijuana, cocaine; opioids (hydrocodone, hydromorphone, oxycodone and oxymorphone), amphetamines . °and methamphetamines or phencyclidine (PCP). Some common names for these opioids include frequently prescribed pain medications such as Oxycontin, Percodan, Percocet, Vicodin, Lortab, Norco, Dilaudid and Exalgo. FMCSA regulations prohibit the performance of safety -sensitive func- tions when a prohibited level of any of the five (5) specified drugs is detectable in the driver's urine. Remainder of Section - No change. Amend 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. thru 3. - No change. 4. Opioids (hydrocodone, hydromorphone, oxycodone and oxymorphone). Some common names • for these opioids include frequently prescribed pain medications such as Oxycontin, Percodan, Percodet, Vicodin, Lortab, Norco, Dilaudid and Exalgo. Remainder of Section - No change. Delete Appendix 3-C - Weld County Retired Employee Employment Contract 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 pf 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 Com- missioners 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. The Tribune May 22, 2019 Hello