The URL can be used to link to this page

Browse Search

Home My WebLink About20194389.tiff RESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING TO ESTABLISH DIRECTOR OF COMMUNITY ENGAGEMENT (DCE) POSITION AND AUTHORIZE CHAIR TO SIGN - WELD FAMILY LEADERSHIP COMMISSION (WFLC) WHEREAS, the Board of County Commissioners of Weld County, 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 has been presented with a Memorandum of Understanding to Establish the Director of Community Engagement (DCE) Position, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Weld Family Leadership Commission (WFLC), with further terms and conditions being as stated in said memorandum of understanding, and WHEREAS, after review, the Board deems it advisable to approve said memorandum of understanding, a copy of which is attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Memorandum of Understanding to Establish the Director of Community Engagement (DCE) Position, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Department of Human Services, and the Weld Family Leadership Commission (WFLC), be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said memorandum of understanding. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 2nd day of October, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO ORADO ATTEST: arbara Kirkmeyer Chair Weld County Clerk to the Board Mike Freeman, Pro-Tern BY: • Deputy Clerk to the Boar-,. ♦ ��'� P Se/ an P. Conway APPRO D AS OR co James • ount Attorney •1 /� �� -e- � ,�✓ Steve Moreno Date of signature: 1O/O1CAR t-t5D, HR CPR) 2019-4389 to(aa!19 HR0090 n+r- + ZO 4* 68'1 ' - BOCC STAFF USE Date Set: Time: BOARD OF COUNTY COMMISSIONERS WORK SESSION REQUEST Work Session Title: MOU with the Weld Family Leadership Commission Department/Office: Human Services Date: June 26, 2019 Person requesting work session: Kirkmeyer and Freeman Extension: Has your commissioner coordinator/BOCC chair approved the work session? X Yes,Commissioner Coordinator Yes,BOCC chair Recommended length of time needed for discussion: X 15 minutes 20 minutes 30 minutes other(list): In addition to yourself and the board, please list who should attend: Judy Griego Jamie Ulrich Dr. Mark Wallace Amanda Petzold Brief description of the issue:(please select one) Informational only X Action needed The request of the Commissioners was to further discuss the hiring and supervision sections of the Memorandum of Understanding. Options for the board: Offer suggested revisions or accept and approve as is. Recommendation to the board: Approve the MOU which was developed with County Attorney Bruce Barker and Assistant County Attorney Karin McDougal. BOARD CHAIR USE Results/Outcomes:The Board gave the direction to have the Acknowledgement Letter (Paragraph 3)updated to reflect that the Weld Family Leadership Commission(WFLC) can recommend the firing of the WFLC Director of Community Engagement, if the need presents itself, to the Director of Human Services. The Director of Human Services will then have the responsibility to review and deem appropriate to fire according to the direction of the Weld County Code. Commissioner Conway requested the amounts of the two FTE positions that DHS has rolled over to fund this position. DHS to report back with the numbers. 2019-4389 1O�0 a HRO©gO From: Clark Wallace To: )udv Grieco;Bruce Barker Cc: Amanda Petzold;Don Warden;Jamie Ulrich;Patti Russell;)Karin McDouaal Subject: Re:Weld Family Leadership Commission Date: Friday,July 12,2019 4:54:21 PM Attachments: Outlook-rs4000rv.onq Just want to make this work for the Board, WCDHS, our partners and the people we serve ... anxious to hire someone ... let me know what I should be doing ... trust all your judgment. Have a good weekend. Mark E. Wallace, MD, MPH Executive Director and Chief Health Officer Department of Public Health & Environment 1555 N. 17th Avenue -- Greeley, CO 80631 Tel: 970.304.6410— Fax: 970-304-6412 Proud to serve in Public Health .,.�... ,.... ,F4t+Ai r "My N At�af�.eY L' 1*� � 11, = • P H A B br 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:Judy Griego Sent: Friday, July 12, 2019 4:36 PM To: Bruce Barker Cc:Amanda Petzold; Don Warden;Jamie Ulrich; Patti Russell; Karin McDougal; Mark Wallace Subject: Re: Weld Family Leadership Commission I was fine with it also. Sent from my iPhone On Jul 12, 2019, at 4:35 PM, Bruce Barker<bbarker@weldgov.com> wrote: This is what I sent our yesterday. I only heard from Don and he said the changes are OK. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 Is AA t 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 attorney privileged and 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: Bruce Barker Sent:Thursday,July 11, 2019 11:16 AM To: Barbara Kirkmeyer<bkirkmever@weldgov.com> Cc: Don Warden <dwarden(cweldgov.corri>; Patti Russell <prussell(c)weldgov.corn>; Judy Griego <grieRoia(c wel.dgov.com>;Jamie Ulrich<ulrichjj@weldgov.com>; Karin McDougal <kmcdougal(dweldgov.com> Subject: RE: Weld Family Leadership Commission To accomplish Option 1, I recommend the changes in the attached. Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 1 P -r 2_ 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 attorney privileged and 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: Barbara Kirkmeyer Sent:Tuesday,July 02, 2019 9:38 AM To: Bruce Barker<bbarker( weldgov.com> Cc: Don Warden <LLtisusiari@eLd ov.com>; Patti Russell <prussellPweldgov.com>; Judy Griego <griegojanweldgov.com.>; Jamie Ulrich <ulrichjjPweldgov.corm>; Karin McDougal <kmcdougalPweldgov.com> Subject: Re: Weld Family Leadership Commission Option 1 please Sent from my iPhone On Jul 2, 2019, at 9:07 AM, Bruce Barker<bharker(oweldgov.corrt>wrote: I see three alternatives: Option 1: The Director of Community Engagement(DCE) is a County employee, subject to all of the protections offered by Code Chapter 3, Article IV. The DCE would be directly supervised by the WFLC, but any disciplinary action must be made by Judy. Disciplinary action against the DCE would be subject to appeal through the grievance hearing process in Section 3-4-60. Note how Charter Section 4-2(B)(7) makes it so that all County employees are subject to the Personnel System, so this would comply with that requirement. I suppose the downside to this option is it looks like the ultimate supervisor is Judy and I thought that is what we were trying to avoid. Option 2: Employ the DCE via contract between the DCE and the County. Specifically state the DCE is not an "Employee" as that term is defined in Chapter 3 and in the Charter. "At will" employment. Can adopt some, all, or none of the protections in Section 3-4-60 into the contract. Could set it up so that contract specifically says DCE may be terminated at any time by the WFLC. The upside to this option is gets Judy out of the chain of command, but makes it so that any disciplinary action by the WFLC goes unchecked. Option 3: Set it up like the DA's Office, where the WFLC is the employer and sets up the employment conditions the way it wants. County pays money to WFLC to fund the position. Offer County HR and CA assistance to employment related questions and determinations. Upside is WFLC is autonomous from County. Downside is liability. I think I heard Option 1 is preferred. Correct? Bruce T. Barker, Esq. Weld County Attorney P.O. Box 758 1150 "O" Street Greeley, CO 80632 (970) 356-4000, Ext. 4390 Fax: (970) 352-0242 <image001.jpg> 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 attorney privileged and 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. <ARTICLE_IV Discipline_and_Grievance.doc> <Section4_2. Department_of Finance_and_Administration..doc> <Memorandum of Understanding between the Weld County Board of County Commissioners and Weld Family Leadership Commission with Bruce's changes.docx> MEMORANDUM OF UNDERSTANDING BETWEEN THE WELD COUNTY BOARD OF COUNTY COMMISSIONERS AND WELD FAMILY LEADERSHIP COMMISSION. WHEREAS the Weld Family Leadership Commission is an advisory and policy level board consisting of elected and appointed officials from state, county, and municipal government and other community agencies; and WHEREAS the Weld Family Leadership Commission was established in recognition of the need among Weld County family service agencies to reduce duplication of services and effort, increase collaborative decision-making, and combine resources in the most effective way; and WHEREAS the Weld Family Leadership Commission must hire a Director of Community Engagement that will engage neighborhoods, service providers, government officials and assist the members of the Commission and its subcommittees in planning, implementing,and evaluating initiatives taken to improve the lives of families in Weld County community neighborhoods; and WHEREAS the Weld County Board of County Commissioners wishes to support this Commission by allowing the individual hired as the Director of Community Engagement to fill a Weld County personnel position. NOW THEREFORE,in consideration of mutual promises and conditions contained herein, and for other consideration of the sufficiency and receipt of which is hereby acknowledged, the parties hereto covenant and agree as follows: 1. Agreement. The Weld Family Leadership Commission (WFLC) shall have a single full-time salaried staff member. This staff member shall be called the WFLC Director of Community Engagement (DCE). The chosen individual is expected to be a bridge between the WFLC and greater Weld . County Community. He or she will be expected to fulfill the essential functions of the job description for the position as described in Exhibit A, which is attached hereto and incorporated by reference. 2. Employment. a. Policies and Standards. The DCE shall be an at-will employee of Weld County. As such, the person will be subject to the policies, rules, and regulations set forth in the Weld County Code. b. Salary and Benefits. The costs of salary and benefits for the DCE shall be the responsibility of Weld County,specifically the Weld County Department of Human Services. The DCE will be an exempt salaried employee and receive the benefits of a regular, full time Weld County employee, including health insurance, vacation and sick leave. Page 1 of 3 Pages c. Hiring. The WFLC shall be responsible for the hiring and supervision of the DCE. Weld County Human Resources may assist the WFLC in the hiring process, but the WFLC Executive Committee will make the final hiring decision. d. Supervision. The DCE will report to the Executive Committee of the WFLC. The Chair of the Executive Committee or his or her designee will be responsible for submitting an annual evaluation of the DCE through the Weld County Human Resources system and for other required supervisory responsibilities. The Executive Committee of the WFLC may recommend to the Weld County Director of Human Services that disciplinary action be exacted against the DCE in accordance with the procedures set forth in Article IV, Chapter 3 of the Weld County Code. The Weld County Director of Human Services, in his or her sole discretion, may exact the recommended disciplinary action against the DCE. The DCE shall have grievance rights in accordance with Section 3-4-60 of the Weld County Code. e. Funding. The employment status of the DCE is dependent upon this MOU between the Weld County Board of County Commissioner and WFLC. In the event this MOU is terminated by either party per Paragraph 5 of this MOU the Weld County employment of the DCE position may be terminated concurrently. The funding of the DCE position as a Weld County employee is dependent upon funds being appropriated in the Weld County budget to fund the DCE position. In the event County funds are not appropriated in the County budget for the DCE position the Weld County employment of the DCE position may also be terminated. f. Workplace. The DCE will originally be placed at the Weld County Health Department at 1555 N. 17'Avenue, Greeley, CO 80631 and shall receive a County issued badge and laptop. This office location may be changed as needed at the discretion of the WFLC, in consultation with the Weld County Director of Buildings and Grounds, if necessary. 3. Acknowledgment Letter. WFLC shall provide to its final candidate a letter acknowledging review and understanding of Paragraph 2, "Employment" of this MOU. The letter must require the candidate to acknowledge that the terms of Paragraph 2 of this MOU are conditions of employment that the candidate agrees to as part of his or her employment as the DCE. 4. Immunity. Nothing in the Agreement shall be construed as a waiver by either party of immunity provided by common law or by statute, specifically including the Colorado Governmental Immunity Act, Section 24-10-101. et.seq. C.R.S., as it may be amended from time to time. Page 2 of 3 Pages 5. Term and Termination. This agreement becomes effective on date that it is executed by both parties. The agreement may be terminated without cause by either party upon 30 days written advance notice. • 6. Entire Agreement. This agreement contains the entire understanding of the parties with respect to the subject matter hereof, and all other understandings or agreements shall be deemed merged into this agreement. 7. Third Party Beneficiaries. It is expressly understood and agreed that the enforcement of the terms and conditions of this agreement,and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this agreement shall give or allow any claim or right of action whatsoever by any other person not included in this agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this agreement shall be an incidental beneficiary only. 8. Amendment. Any amendment of this agreement may be made only by written agreement and signed by all parties hereto. IN WITNESS HEREOF, the parties hereto have caused their names to be affixed hereto. COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS Weld County Clerk to t -4:11.611.0,4, WELD COUNTY,COLORADO By: Si tr ,i/ ;";i�; �'w Deputy Clerk t :I;•. d,� .��;� ` Barbara Kirkmeye ,Chair ► 40. 'IP T 02 2019 CONTRACTOR: Weld Family Leadership Commission By: fr President Page 3 of 3 Pages 02O - 11,3E Contract Form New Contract Request Entity Information Entity Name* Entity ID* ❑New Entity? WELD FAMILY LEADERSHIP @00041202 COMMISSION Contract Name* Contract ID Parent Contract ID MEMORANDUM OF UNDERSTANDING WITH WELD FAMILY 2818 LEADERSHIP COMMISSION Contract Lead* Requires Board Approval Contract Status CULL.INTA YES CTB REVIEW Contract Lead Email Department Project c ul llnta@c o.weld.co us Contract Description* MOU BETWEEN THE WELD COUNTY BOCC AND THE WFLC- Contract Description 2 Contract Type* Department Requested BOCC Agenda Due Date AGREEMENT HUMAN SERVICES Date* 06/22/2019 06126/2019 Amount* Department Email $0.00 CM- Will a work session with BOCC be required?* Hu anSereices@weldgov_coni NO Renewable* NO Department Head Email Does Contract require Purchasing Dept.to be included? CM-HurnanServiceS Automatic Renewal DeptHead@weIdgov.com County Attorney Grant GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email C M- COUNTYATTORNEY@WELD GOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Onaase Contract Dates Effective Date Review Date* Renewal Date 0641/2020 Termination Notice Period Committed Delivery Date Expiration Date* 0713112020 Contact Information Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel JUDY GRIEGO BARB CONNOLLY SIN MCDOUGAL OH Approved Date Finance Approved Date Legal Counsel Approved Date 09/2.5/2019 09/26/2019 09/303.2019 Final Approval BOCC Approved Tyler Ref AG 100219 BOCC Signed Date BOCC Agenda Date 10;02/2019 Originator APETZOLD Submit Hello