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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
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are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as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.
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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.
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.
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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
,-
Full Time
Regular .. f <.
Seasonal
• ,: . r a
Part Time 20 39
hours/week
Temporary' or less than 20
k
hours/wee•
Yes
No
No
No
Step ,;
Progression
Health. -I ,
lance J:::
Yes
*Yes
*Yes
"Nofnsu
Disability:
Insurance
Yes
No
Yes
No
Life Insurance;
Yes
No
Yes
No
Retirement =;
Plan +'j
Yes No
No
No
Sick Leave ,
Yes No
*Yes
No
Vacation.-
Leave •,
Yes
No
*Yes
No
(Holiday -.Pray, .
I Yes
No
*Yes
No
Personal
Leave
Yes
No
*Yes
No
Bereavement
Leave
Yes
No
*Yes
No
Grievance
-Rights , r•;
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.
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+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.
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Continuous Years of County
Service
Under 5
Amend Table 3.4
Annual Vacation Accrual
Hours Accrued
Monthly
Part Time Accrual (based on
weekly hours)
8
.50
4
.75
5 through 9
10 through 19
20
10
12
13.33
Remainder of Section — No change.
Amend Sec. 3-6-20. Sick leave.
A. thru B. — No change.
Sick Accrual
Regular Employee
Part Time .75
Part Time .50
5
6
6.5
Amend Table 3.5
Sick Leave Accrual Rates
7.5
9
Hours Accrued Monthly
8
10
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.
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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 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'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.
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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.
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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
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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.
The above and foregoing Ordinance Number 2019-07 was, on motion duly made and
seconded, adopted by the following vote on the 19th day of June, A.D., 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Scott K. James
County Attorney
Steve Moreno
Date of signature:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
May 13, 2019
May 22, 2019, in the Greeley Tribune
June 3, 2019
June 7, 2019, in the Greeley Tribune
June 19, 2019
June 26, 2019, in the Greeley Tribune
July 1,2019
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