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WELD COUNTY
CODE ORDINANCE 2018 -08
IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 2
ADMINISTRATION AND CHAPTER 3 HUMAN SERVICES , 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
p ' n :;edures , 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and hereby are , repealed and re-enacted , with amendments , and the various Chapters are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 "ollows .
CHAPTER 2
ADMINISTRATION
Amend Sec . 2 -2 - 150 . Arne t-41i- standards of conduct in governmentEthics rules and
standards .
Section 4--of -Art+c4e- XXIX of the Coto-rado -Constitution allows home rule counties to adopt
ehrarters,- ordinances or resolutions that address the matters covered by said Article XXIX . All
employees Weld County are subject to the requirements of-Paragraph 3-3- 10 . A . 10 of this Code ,
which prohibits - accepting- bribes , money , property -Of services -o - val-ue-- n the cot of
e elected officials of W .,
subject to-the prohibitions set forth in Paragraph 3-3- 10. A . 1-0- of this Code . Penalties for violations
of P are set forth in this Code and the
state statutes . A 1 Electiv Officers and employees of the County of Weld , Colorado , shall comply
with the ethics rules , standards , and penalty provisions set forth in the laws of the State of
Colorado , including , but not limited to , Article XXIX " Ethics in Government" of the Colorado
Constitution , as required by Section 16-9 of the Weld County Home Rule Charter . The County
Attorney shall provide guidance annually to Ieo iv Officers and employees regarding such
ethics rules , standards , and penalty provisions and h w to comply with them .
(1442 a4.4 et,
"fie eta er
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CHAPTER 3
HUMAN RESOURCES
Amend Sec . 3 -1 -40 . Personnel recordsEmployment records.
A . The Department of Human Resources is the custodian of all official personnel/payroll records
far current and past employees of the County . The employee' s file in the Department of
Human Resources will be the official file for all employment inquiries . State law requires that
own records .
signed by the employee which specifies exactly what items can be accessed or released .
of employment with the County . I-nqu4ries that are authorized by employees or former
evaluation of the employee . Information will not be provided without the employee' s
permission .
A . The employment record is the property of the County . All information submitted to the
employment record shall be date stamped by the Department of Human Resources prior to
being placed in the file . Information submitted through the Human Resources System is
electronically date stamped .
B . The Department of Human Resources is the custodian of all official employment records for
current and past employees of the County . The employee' s record kept in the Department of
Human Resources will be the official record for all employment history .
C . Current and past employees may request the Department of Human Resources to enter
documents into the employment record rebutting disciplinary charges , pursuant to Section 3- ?
4- 10 . B of this Code , or documents submitted as part of the grievance procedure set fo.
Section 3-4-60 . Any such request must be submitted within thirty ( 30) days of the incident or
action . Prior to the documents being placed in the employment record , the department head ,
elected official , or direct supervisor will be notified by the Department of Human Resources .
D . Each employee has the right to request to view a numbered copy of employment records
pertaining to that employee . State law requires that personal demographic data uch as social
security numbers , addresses , and financial information within the recorftperestricted from
access by anyone other than an individual who has a direct interest: suoiras , the employee
or the employee' s direct supervisor . Other information relating to compensation , lob
applications , performance ratings , and any compensation paid in connection with termination
are subject to disclosure under the Colorado Open Records Act (" CORA" ) , C . R . S . 24-72-201 ,
et seq . If requested , the employee may schedule a time to obtain copies of part or all of the
employment records pertaining to that employee upon providing written notification to the
Director of the Department of Human Resources of the documents requested .
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2018- *
ORD2018-08
E . If a request pursuant to the Colorado Open Records Act (CORA) is received by Weld County
for part or all of an employment record , the employee , the Board of County Commissioners ,
the Director of Human Resources , the Communications Director, and the County Attorney' s
Office will be notified of the request as soon as practicable , but in no case more than three
business days after receipt . The notice to the employee shall include a copy of the request , a
statement of the timeframe within which a response is required , and an advisement that the
e mployee may pursue court action (s ) to prohibit disclosure .
F . The County Attorney' s Office and Director of Human Resources shall review the CORA
request , including any related documents , to determine what information is subject to release
u nder CORA . The employee may assert a privilege or other privacy interest in order to prohibit
disclosure of part or all of the employment record by filing an action in a court of appropriate
jurisdiction . Any such assertion must be done by the employee individually or with privately
o btained legal counsel . The County will not withhold otherwise releasable employment
records without direction from the court . The County reserves the right to seek whatever court
action it determines is necessary in response to a CORA request for employment records .
G . Prospective employers will be provided the dates of employment , the title of the employee ,
and the salary . The employee may authorize release of additional information to a prospective
employer by expressly granting such permission in writing . Additionally , the employee may
obtain copies of his or her employment record for a prospective employer pursuant to Section
D above .
Amend Sec . 3 -3 - 10 . Expectations of proper conduct.
A . Every County employee should be aware that he or she is a public employee and it is the
employees duty to serve citizens in a courteous and efficient manner . An employee must
maintain a standard of conduct and performance which is consistent with the best interests of
the County . Examples of conduct that may result in disciplhriary action , up to and including
termination from employment , include , but are not limited to , the following :
1 . thru 9 . -- No change .
10 . Accepting bribes , money , • of value -in--the course of employ-ment . gifts ,
as prohibited by and described in Article XXIX " Ethics in Government" of the Colorado
Constitution and the Colorado Code of Ethics , C . R . S . § § 24- 18-201 et seq .
11 . thru 20 . — No change . C ' P.e 5 . Wt042b ° 1 il set. caulk.
B . — No change .
C . Every County employee shall comply with the ethics rules , standards , and penalty provisions
set forth in the laws of the State of Colorado , including , but not limited to , Article XXIX " Ethics
in Government" of the Colorado Constitution , as required by Section 16-9 of the Weld County
Home Rule Charter and Section 2 -2- 150 of this Code .
Amend Sec . 3 -3 - 100 . Conflict of interest.
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c
A. Section ' 6-9 o- : ne - ome Ru e C-carer s:a:es : la: no County officer, member of an appointed
Board or employee shall have any interest in any enterprise or organization doing business
ollows :
1 . No employee of the Department of Purchasing shall have any interest in any enterprise or
organization doing business with the County .
•
B . In the event a question arises as to possible conflict of interest between any County officer,
member o: an appointed Board or employee , and any enterprise or organization doing
business with the County , the question will be presented to the County Council for review ,
considered final and shall be made a matter of public record . Conflicts of. interest in
government employment are atso governed by state law , the Colorado Code of Ethics , C . R . S .
§§ 24- 18- 101 et seq . , and C . R . S . § § 24- 18-201 et seq . Sections 24- 18- 101 to 113 , and 2'1 18-
201 to 205 , C . R . S . Employees should consult with the County Attorney' s office for guidance
to determine whether a possible conflict of interest exists .
Amend Sec . 3 -6-20 . Sick leave .
A . Sick leave is not a right . It is a privilege given to eligible employees to be used in the following
circumstances :
1 . and 2 . — No change .
3 . An employee who is required to care for members of his or her immediate family . as
defined under the Federal Medical Leave Act ( FMLA ) , ( spouse , child or parent) who are
ill , may use a maximum of forty (40) hours total per calendar payroll year of their
accumulated sick leave . ( Prorated for part time employees . based on Table 3 . 1 ) For the
purposes of the FMLA , the employee ' s child must be under the age of eighteen ( 18 ) , still
in school , or if older there must be medical certification showing the child is disabled .
4 . — No change .
B . All regular employees are eligible for sick leave after one ( 1 ) full pay period of employment .
date of hire . The accrual rate is shown on Table 3 . 5 :
Remainder of Section — No change .
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Amend Sec . 3 -6 -50 . Family and medical leave policy .
A . thru I . — No change .
J . Employee status and benefits during leave .
1 . — No change .
2 . If the employee chooses not to return to work for reasons other than a continued serious
health condition-, the County will requir the County the amount
it paid for the employee' s health insurance premium during the leave period . An employee
must return for at least thirty t-30) days to be considered to have returned unless the
employee retires following leave .
Under current County policy , the employee pays a portion of the health care premium .
While on paid leave , the employer will continue to make payroll deductia:ans to collect the
employee' s share of the premium . While on unpaid leave , the employee must continue to
make this payment , either in person or by mail . The payment must be received in the
Human Resources Department of Accounting by the end of each month . ; 1 the payment is
more than thirty ( 30 ) days late , the employee ' s health care coverage may be dropped for
the duration of the leave .
43 . If the enip ! oyee contributes to a iife risurance plan , the employer will continue making
payroll deductions while the employee is on paid leave . While the employee is on unpaid
' oaNie , the employee must continue to make those payments , along with the health care
payments . if the employee does not continue these payments , the County may
discontinue coverage during the leave period or will recover the payments at the end of
the leave period in a manner consistent with the ! aw .
K . — No change
L . Use of paid and unpaid leave .
1 . if the employee has accrued paid leave , the employee must use applicabie paid leave first
up to thirty ( 30 ) days and then take the remainder of the twelve ( 12 ) weeks as unpaid
leave , unless any -approved --ALA as leave without pa¢.-- however , an emplyee may-- s tl
receive a- portion of-pe-y - f eligible , and qualifiesd for the Short-Term Disability benefit .
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2018-*
ORD2018-08
2 . An - - Leave taken- due to serious health condition . a . A regular , benefited employee
who is taking leave because of the employee ' s own serious health condition or the serious
health condition of a family member must use all accrued paid
er eligible for Short-Term Disability after exhausting all accrued sick leave before they
become eligible for Short Term Disability . or on the 31st calendar day of continuous leave ,
whichever occurs later. If the employee does not have enough sick leave to cover the
thirty ( 301-day waiting period for Short Term Disability , then the employee will be required
� Y _ Yq
to use any comp time and , vacation leave or other earned leave prior to being eligible for
unpaid leave . e eligible for Short-Term
Dl sa b+l+ty , them MI no longer be requited to use their vacation , coma time or of ler
earned leave ,
b ,
family member will not qualify for Short-Term Disability . Under the county' s sick leave
policy , the limit of paid sick leave to c
accrued/earned time as been exhausted first , regardless if there is still a sick balance .
Unpaid leave will need to be used if all accrued/earned time has been exhausted and , if
they have not been out for thirty ( 30) days , the waiting period for Short Term Disability .
Once their sick time has been exhausted and the thirty ( 33 ) -day waiting period has expired
an employee may be eligible for Short Term Disability . If eligible , the employee will no
longer use their vacation , comp time or other earned leave benefits as Short Term
Disability will begin paying their benefit .
3 . and 4 . — No change .
M . and N . — No change .
O . Procedure for requesting leave .
1 . Except where leave is not foreseeable , all employees requesting leave under this policy
must submit the request . to the responsible FMLA administrative vendor . The FMLA
administrative vendor will work with the Department of Human Resources if the employee
is eligible to return to work with the restrictions or accommodation requests have been
submitted . The Department of Human Resources will work with the Department
Head/ Elected Official on these requests . ONLY the Department Head/ Elected Official may
approve requests for accommodations for their departments .
Remainder of Section — No change .
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ORD2018 -08
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 2018-08 was, on motion duly made and
seconded, adopted by the following vote on the 19th day of November, A D , 2018
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
Steve Moreno, Chair
Weld County Clerk to the Board
Barbara Kirkmeyer, Pro -Tern
BY
Deputy Clerk to the Board
Sean P Conway
APPROVED AS TO FORM
Julie A Cozad
County Attorney
Mike Freeman
Date of signature
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2018-*
ORD2018-08
First Reading
Publication
October 10, 2018
October 17, 2018, in the Greeley Tribune
Second Reading October 29, 2018
Publication November 7, 2018, in the Greeley Tribune
Final Reading
Publication
November 19, 2018
November 28, 2018, in the Greeley Tribune
Effective December 16, 2018
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ORD2018-08
CHAPTER 3 - Human Resources
Sec . 3- 1 -40 . - Employment records .
A . The employment record is the property of the County . All information submitted to
the employment record shall be date stamped by the Department of Human Resources prior to being placed in
the file . Information submitted through the Human Resources System is electronically date stamped .
B . The Department of Human Resources is the custodian of all official employment records for current and
past employees of the County . The employee' s record kept in the Department of Human Resources will be the
official record for all employment history .
C . Current and past employees may request the Department of Human Resources to enter documents into the
employment record rebutting disciplinary charges , pursuant to Section 3-4- 10 . B of this Code , or documents
submitted as part of the grievance procedure set forth in Section 3--4-60 . Any such request must be submitted
within thirty ( 30) days of the incident or action . Prior to the documents being placed in the employment record ,
the department head , elected official , or direct supervisor will be notified by the Department of Human
Resources .
D . Each employee has the right to request to view a numbered copy of employment records pertaining to that
employee . State law requires that personal demographic data such as social security numbers , addresses , and
financial information within the records be restricted from access by anyone other than an individual who has a
direct interest ; such as , the employee or the employee' s direct supervisor. Other information relating to
compensation , job applications , performance ratings , and any compensation paid in connection with
termination are subject to disclosure under the Colorado Open Records Act (" CORA" ) , C . R . S . 24-72-201 , et
seq . If requested , the employee may schedule a time to obtain copies of part or all of the employment records
p_ertaining to that employee upon providing written notification to the Director of the Department of Human
Resources of the documents requested .
E . If a request pursuant to the Colorado Open Records Act ( CORA) is received by Weld County_for part or all
of an employment record , the employee , the Board of County Commissioners , the Director of Human
Resources , the Communications Director, and the County Attorney ' s Office will be notified of the request as
soon as practicable , but in no case more than three business days after receipt . The notice to the employee
shall include a copy of the request , a statement of the timeframe within which a response is required , and an
advisement that the employee may pursue court action ( s ) to prohibit disclosure .
F . The County Attorney' s Office and Director of Human Resources shall review the CORA request , including
any related documents , to determine what information is subject to release under CORA . The employee may
assert a privilege or other privacy interest in order to prohibit disclosure of part or all of the employment
record by filing an action in a court of appropriate jurisdiction . Any such assertion must be done by the
employee individually or with privately obtained legal counsel . The County will not withhold otherwise
releasable employment records without direction from the court . The County reserves the right to seek
whatever court action it determines is necessary in response to a CORA request for employment records .
G . Prospective employers will be provided the dates of employment , the title of the employee , and the
salary . The employee may authorize release of additional information to a prospective employer by expressly
granting such permission in writing . Additionally , the employee may obtain copies of his or her employment
record for a prospective employer pursuant to section D above .
Page 1
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permission.
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2007 4; Weld Comity Code Ordinance 2010 8 )
Sec . 3 -6 - 20 . - Sick leave .
A . Sick leave is not a right. It is a privilege given to eligible employees to be used in the following circumstances :
1 . When an employee is unable to perform the job duties because of illness , injury or any other medically disabling
condition .
2. . When the employee has medical , surgical , dental or optical examinations or treatment .
a . When planning medical treatment or appointments an employee should consult with his or her supervisor
and make a reasonable effort to schedule the treatment so as not to disrupt unduly the employer' s operations .
The employee and supervisor will attempt to work out a schedule for such leave that meets the needs of both
the employer and the employee . In cases where a disruption may occur. the employee shall notify their
supervisor as soon as they are aware of the treatment or appointment.
3 . An employee who is required to care for members of his or her immediate family , as defined under the Federal
Medical Leave Act ( FMLA) , ( spouse , child or parent) who are ill , may use
NOTE : Not sure how to ut into code that this is effective 12/ 16/2018) their accumulated
sick leave. ..-_ ( Prorated for part time employees, based on Table 3 . 1 ) For the purposes of the FMLA . the employee' s
child must be under the age of eighteen ( 18 ) , still in school , or if older there must be medical certification showing
the child is disabled .
4 . Sick leave during , and as the apparent result of, a pandemic health emergency which has been declared by the
County Health Officer shall be addressed in the same manner as regular sick leave . with no change in the rules
set forth in this Article , except for modification as detailed in the rules set forth in Subsections E and F below
B . All regular employees are eligible for sick leave after one ( 1) full pay period of employment. Sick leave is accrued
from date of hire . The accrual rate is shown on Table 3 . 5 :
( Weld County Code Ordinance 2003 -4 ; Weld County Code Ordinance 2005 - 14 ; Weld County Code Ordinance
2009- 10 ; Weld County Code Ordinance 2010-8 ; Weld County Code Ordinance 2012 - 11 ; Weld County Code
Ordinance 2014- 12 ; Weld County Code Ordinance 2015- 18 ; Weld County Code Ordinance 2016-08 )
Page 2
Sec 3-6-50 - Family and medical leave policy
A General provisions It is the policy of the County to grant up to twelve (12) weeks of family and medical leave during
any rolling twelve-month period to eligible employees, in accordance with the Family and Medical Leave Act of 1993
(FMLA) The County will grant up to twenty-six (26) weeks of family and medical leave to eligible employees to care
for a covered service member with a serious injury or illness The leave may be paid, unpaid or a combination of paid
and unpaid, depending on the circumstances and as specified in this Article
B Eligibility In order to qualify to take family and medical leave under this policy, the employee must meet all of the
following conditions
1 The employee must have worked for the County at Ieasitwelve (12) months, or fifty-two (52) weeks, which need
not have been consecutive For eligibility purposes, an employee will be considered to have been employed for
an entire week even if the employee was on the payroll for only part of a week or if the employee is on leave
during the week
2 The employee must have worked at least one thousand two hundred fifty (1,250) hours during the twelve-month
period immediately before the date when the leave would begin
C In order to qualify as FMLA leave under this policy, the employee must be taking the leave for one (1) of the reasons
listed below
1 The birth of a child and in order to care for that child
2 The placement of a child for adoption or foster care
3 To care for a spouse, child or parent with a serious health condition
4 The serious health condition of the employee which makes the employee unable to perform the functions of the
employee's position
5 Because of any qualifying exigency arising out of the fact that the employee's spouse, son, daughter or parent is
a covered military member on active duty (or has been notified of an impending call or order to active duty) in
support of a contingency operation
6 To care for a covered service member with a serious injury or illness if the employee is the spouse, son, daughter,
parent or next of kin of the service member
D A serious health condition is defined as an illness, injury, impairment or physical or mental condition which requires
inpatient care at a hospital, hospice or residential medical care facility, or a condition which requires continuing care
by a licensed health care provider
E This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences Generally, a
chronic or long-term health condition which, if left untreated, would result in a period of incapacity of more than three
(3) days, would be considered a serious health condition
F Employees with questions about what illnesses are covered under this FMLA policy or under the County's sick leave
policy may call the Department of Human Resources
G The County will require an employee to provide a doctor's certification of the serious health condition The certification
process is outlined in Subsection N
H Except for eligible employees taking leave to care for a covered service member, an eligible employee can take up to
twelve (12) weeks of leave under this policy during any twelve-month period Eligible employees can take up to twenty-
six (26) weeks of leave to care for a covered service member measured forward from the first date the employee takes
leave for that purpose
I If a husband and wife both work for the County and each wishes to take leave for the birth of a child, adoption or
placement of a child in foster care with the employee, or to care for a child or parent with a serious health condition,
the husband and wife may only take a total of twelve (12) weeks of leave For the purposes of the FMLA, the employee's
child must be under the age of eighteen (18), or, if older, there must be medical certification showing the child is
disabled
Page 3
J . Employee status and benefits during leave .
1 . While an employee is on leave , the County will continue the employee' s vacation and sick leave accruals and
health benefits during the leave period at the same level and under the same conditions as if the employee had
continued to work .
2 .
employee to reimburse the County t employee' s health insurance
premium during the leave period . An employee must return for at least thirty ( 30 ) days to be considered to have
returned unless the employee retires- following leave .
3 . Under current County policy , the employee pays a portion of the health care premium . While on paid leave . the
employer will continue to make payroll deductions to collect the employee' s share of the premium . While on unpaid
leave , the employee must continue to make this payment, either in person or by mail . The payment must be
received in the Human Resources 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 .
4 . If the employee contributes to a life insurance plan . the employer will continue making payroll deductions while
the employee is on paid leave . While the employee is on unpaid leave , the employee must continue to make those
payments , along with the health care payments . If the employee does not continue these payments , the County
may discontinue coverage during the leave period or will recover the payments at the end of the leave period in a
manner consistent with the law .
K . Employee status after leave .
1 . An employee who takes leave under this policy will be able to return to the same job or a job with equivalent
status , pay , benefits and other employment terms . The position will be the same or one ( 1 ) which entails
substantially equivalent skill , effort , responsibility and authority .
2 . Medical certification that the employee is able to return to work may be required .
3 . The County may choose to exempt certain highly compensated employees from the requirement and not return
them to the same or similar position .
L . Use of paid and unpaid leave .
1 . If the employee has accrued paid leave . the employee must use paid leave first up to thirty (30) days and take the
remainder of the twelve ( 12 ) weeks as unpaid leave , unless qualified for Short Term Disability .
2 . An employee who is taking leave because of the employee' s own serious health condition or the serious health
condition of a family member must use all accrued paid vacation sick leave before they become eligible for Short
Term Disability . If the employee does not have enough sick leave to cover the thirty (30 ) -day waiting period for
Short Term Disability , then the employee will be required to use any; comp time and qualifyingsic-kvacation leave
or other earned leave prior to being eligible for unpaid leave . Under the County' s sick leave policy , the limit of paid
sick leave to career family members is a maximum of forty ('10 ) hours total per year. Unpaid leave will need to
be used if all accrued/earned time has been exhausted and , if they have not been out for thirty ( 30) days , the
waiting period for Short Term Disability . Once their sick time has been exhausted and the thirty ( 30 )-day waiting
period has expired an employee may be eligible for Short Term Disability . If eligible , the employee will no longer
use their vacation , comp time or other earned leave benefits as Short Term Disability will begin paying their benefit.
3 . An employee taking leave for the birth of a child must use paid sick leave for physical recovery following childbirth .
The employee must then use all accrued paid leave and then will be eligible for unpaid leave for the remainder of
the twelve ( 12 ) weeks .
4 . An employee who is taking leave for the adoption care or foster care of a child must use all paid vacation leave ,
qualifying sick leave , personal leave and comp time prior to being eligible for unpaid family leave . Care leave for
adoption , birth or foster care expires twelve ( 12 ) months from the date of the birth or placement.
M . Intermittent leave or a reduced work schedule .
1 . The employee may take FMLA leave in twelve ( 12 ) consecutive weeks . may use the leave intermittently ( take a
day periodically when needed over the year) or . under certain circumstances . may use the leave to reduce the
workweek or workday . resulting in a reduced - hour schedule . In all cases . the leave may not exceed a total of
twelve ( 12 ) weeks over a twelve- month period .
Page 4
2 . When an employee is using foreseeable intermittent leave , the County may require the employee to transfer
temporarily to an available alternative position with equivalent pay and benefits .
3 . For the birth , adoption or foster care of a child . the County and the employee must mutually agree to the schedule
before the employee may take the leave intermittently or work a reduced - hour schedule . Leave for birth , adoption
or foster care of a child must be taken within one ( 1 ) year of the birth or placement of the child .
4 . If the employee is taking leave for a serious health condition or because of the serious health condition of a family
member, the employee must reach agreement with the County before taking intermittent leave or working a
reduced - hour schedule . If this is not possible , the employee must prove that the use of the leave is medically
necessary . The County may require certification of the medical necessity , as discussed in Subsection N .
N . Certification of the serious health condition .
1 . The County will ask for certification of the serious health condition . The employee must respond to such a request
within fifteen ( 15 ) days of the request or provide a reasonable explanation for the delay . Failure to provide
certification may result in a denial of continuation of leave .
2 . Ceitfication of the serious health condition shall include the date when the condition began . its expected duration
and diagnosis . and a brief statement of treatment . For medical leave for the employee' s own medical condition ,
the certification must also include a statement that the employee is unable to perform the essential functions of
the employee' s position . For a seriously ill family member. the certification must include a statement that the
patient requires assistance and that the employee' s presence would be beneficial or desirable .
3 . If the employee plans to take intermittent leave or work a reduced schedule , the certification must also include
dates and the duration of treatment and a statement of medical necessity for taking intermittent leave or working
a reduced schedule .
4 . The County has the right to ask for a second opinion . The County will pay for the employee to get a certification
from a second doctor, which the County will select.
5 If necessary to resolve a conflict between the original certification and the second opinion , the County will require
the opinion of a third doctor. The County and the employee will jointly select the third doctor, and the County will
pay for the opinion . This third opinion will be considered final .
O . Procedure for regt; estinq leave .
1 . Except where leave is not foreseeable . all employees requesting leave under this policy must submit the request .
to tile responsible FMLA administrative vendor. The FMLA administrative vendor will work with the Department of
Human Resources if the employee is eligible to return to work with the restrictions or accommodation requests
bays been submitted . The Department of Human Resources will work with the Department Head/ Elected Official
on these requests . ONLY the Department Head/ Elected Official may approve requests for accommodations for
their departments .
2 . When an employee plans to take leave under this policy , the employee must give the County thirty ( 30 ) days '
notice . if it is not possible to give thirty ( 30 ) days' notice , the employee must give as much notice as is practicable .
An employee undergoing planned medical treatment is required to make a reasonable effort to schedule the
treatment to minimize disruptions to the County' s operations .
3 . If an employee fails to provide thirty ( 30 ) days' notice for foreseeable leave with no reasonable excuse for the
delay , the leave request may be denied until at least thirty ( 30 ) days from the date the employer receives notice .
4 . While on leave . employees are requested to report periodically to the County regarding the status of the medical
condition and their intent to return to work .
P . Covered service member means a current member of the Armed Forces , including a member of the National Guard or
Reserves , who is undergoing medical treatment , recuperation or therapy , is otherwise in outpatient status or is
otherwise on the temporary disability retried list for a serious injury or illness incurred in the line of duty on active duty .
Q . Qualifying exigency leave means :
1 . Receiving notice of deployment less than seven ( 7 ) days prior to deployment . This qualifying exigency lasts no
more than seven ( 7 ) days
2 . Military events and related activities .
Page 5
3 . To arrange for alternate childcare and school activities as necessitated by active duty or call to active duty status .
4 . To make financial or legal arrangements as necessitated by active duty or call to active duty status .
5 . To attend counseling provided by someone other than a health care provider for oneself, for the covered military
member or for the biological , adopted or foster child . a stepchild or legal ward of the covered military member ,
provided that the need for counseling arises from the active duty or call to active duty status of a covered military
member .
6 . To spend time with a covered military member who is on short-term . temporary rest and recuperation leave during
the period of deployment . This qualifying exigency lasts no more than five ( 5 ) consecutive days for each instance
of deployment .
7 . To attend arrival ceremonies . reintegration briefings and events and any other official ceremony or program
sponsored by the military for a period of ninety ( 90 ) days following the termination of the covered military member' s
active duty status .
8 . To address issues that arise from the death of a covered military member while on active duty status , such as
meeting and recovering the body of the covered military member and making funeral arrangements .
R . Covered military member means the employee' s spouse . son . daughter or parent on active duty or call to active duty
status . Emp !oyees are eligible to take FMLA leave because of a qualifying exigency when the covered military member
is on active duty or call to active duty status in support of a contingency operation as either a member of the reserve
components (Army National Guard of the United States , Army Reserve , Navy Reserve , Marine Corps Reserve . Air
National Guard of the United States . Air Force Reserve and Coast Guard Reserve ) or a retired member of the Regular
Armed Forces or Reserve . An employee whose family member is on active duty or call to active duty status in support
of a contingency operation as a member of the Regular Armed Forces is not eligible to take leave because of a
qualifying exigency .
S . Employees who need to apply for FMLA coverage must contact the FMLA vendor to obtain the necessary forms .
Employees are responsible for having a medical certification comp !eted by their provider and returned directly to the
FMLA vendor by the due date . If the medical certification form is not received by the deadline , there may be a delay in
the commencement of leave until certification is received or the FMLA vendor may deny the request .
( Weld County Code Ordinance 2003 -4 ; Weld County Code Ordinance 2005 - 14 : Weld County Code Ordinance
2007 -4 ; Weld County Code Ordinance 2009- 1 ; Weld County Code Ordinance 2010-8 ; Weld County Code
Ordinance 2012-8 ; Weld County Code Ordinance 2014- 12 )
N Sec . 2 -2 - 150 . - Amendment / 1 ; standards o = conc.uct in government Ethics rules and standards .
Section 7 of Article XXIX of the Colorado Consti-t ti-on allows home rule counties to adopt charters,
ordinances or resolutions that address the matters covered -by said Article XXIX . All employees of Weld County
are su . ' - ct t • th - r - s uir - m • r�ts $ � ' ar _ : - 3 3 1 l . A . l l ofCs . - , h-• eh : • hibits acc - . tln _ • rises, mon -
property or servic - : . i and th-r : = h this Section all elected officials of
Weld County are also made subj-ect to the prohibitions seat forth i-n Paragraph- 3 3 10 . A . 10 of this Code . Penalties
for violations of Paragraph 3 3 1O. A . 10 shall inc lide those which apply and are set forth in this Code and the
state statutes . All Elective Officers and employees of the County of Weld, Colorado, shall comply with the ethics
rules, standards, and penalty provisions set forth in the laws of the State of Colorado, including, but not limited
to , Article XXIX "Ethics in Government" of the Colorado Constitution, as required by Section 16-9 of the Weld
County Home Rule Charter. The County Attorney shall provide guidance annually to Elective Officers and
employees regarding such ethics rules, standards,_ and penalty provisions and how to comply with them .
Sec . 3 -3 - 10 . - Expectations of proper conduct .
A . Every County employee should be aware that he or she is a public employee and it is the employee' s duty to
serve citizens in a courteous and efficient manner . An employee must maintain a standard of conduct and
Page 6
performance which is consistent with the best interests of the County . Examples of conduct that may result in
disciplinary action , up to and including termination from employment, include , but are not limited to, the
following :
1 . Failure to meet performance standards .
2 . Conduct endangering the safety or well -being of self, fellow employees or the public .
3 . Negligent or willful damage or waste of public property . This includes misuse of County property ,
equipment, vehicles or other materials for private gain, use or convenience and unauthorized use,
possession or storage of County property .
4 . Failure to comply with lawful orders or regulations .
5 . Insubordination .
6 . Any acts or threats of violence, threatening behavior or the use of obscene, abusive or threatening language
or gestures toward the public or fellow employees .
7 . Violation of the Drug- Free Workplace policy stated in this Chapter.
8 . Unexcused absence ( including tardiness) .
9 . Conviction of a serious crime ( Section 3 -3 - 70 ) .
\f 10 . Accepting , - . gifts, as prohibited
by and described in Article XXIX "Ethics in Government" of the Colorado Constitution and the Colorado
Code of Ethics, C . R . S . § § 24- 18 - 101 et seq . , and C . R. S . § § 24- 18 -201 et seq .
10 . 11 . _Any material omission or falsehood in the application or interview for employment .
44-. 12 . Falsifying sickness, or any other cause of absence .
12 . 13 . Dishonesty .
13 . 14 . Giving preferential treatment to individuals or groups .
14 . 15 . Breach o f confidentiality .
15 . 16 . Loss or suspension of driving privileges in those positions that require a valid driver's license .
16. 17 . Loss of any license, certification or registration which is required by a position .
X18 . Any conduct which is likely to have an adverse effect upon the functioning of County government.
18 . 19 . Falsifying County records or reports . including one's time or the time of another.
19 . 20 . Violation of any policy duly adopted by resolution or ordinance of the Board of County
Commissioners and set forth in Chapters 1 and 2 of this Code, including but not limited to smoking in
Page 7
buildings and vehicles under the control of the County and lobbying by County employees without
authorization .
B . The foregoing list is for illustrative purposes only and is not intended to be all- inclusive .
N C . Every County employee shall comply with the ethics rules, standards, and penalty provisions set forth in the
laws of the State of Colorado, including, but not limited to, Article XXIX "Ethics in Government" of the
Colorado Constitution, as required by Section 16-9 of the Weld County Home Rule Charter and Section 2-2-
150 of this Code .
(Weld County Code Ordinance 2003 -4 ; Weld County Code Ordinance 2007-4 ; Weld County Code Ordinance
2007- 11 ; Weld County Code Ordinance 2012-8 )
Sec . 3 -3 - 100 . - Conflict of interest.
A. Section 16 9 of the Home Rule Charter states that no County officer, member of an appointed Board or
• •
, .
1 . No employee of the Department of Purchasing shall have any interest in any enterprise or organization
2 . Neither the Treasurer nor employees of the Treasurer's office shall have any proprietary interest in any
B . In the event a question arises as to possible conflict of interest between any County officer, member of an
question will be presented to the County Council for review, investigation, decision and resolution. The
•
Conflicts of interest in government employment are al-se governed by state law, the Colorado Code of Ethics,
C . R. S . § § 24- 18- 101 et seq. , and C .R. S . § § 24- 18-201 et seq. Sections 24 18 101 to 113 , and 24 18 201 to
205 , C .R. S . Employees should consult with the County Attorney's office for guidance to determine whether
a possible conflict of interest exists.
(Weld County Code Ordinance 2003 -4)
Page 8
Cheryl Hoffman
From : Patti Russell
Sent: Wednesday, October 03 , 2018 12 : 10 PM
To: Cheryl Hoffman
Cc: Esther Gesick
Subject: RE : Ordinance 2018 - 08 - Chapter 2 and 3
If we can make it all effective 12/ 16/ 18 that would work .
Thanks,
Patti Russell
Patricia S. Russell, SHRM- SCP, SPHR
Director, Human Resources
Weld County Government
1150 "O " Street
Greeley, CO 80631
(970) 400-4230
prussell@weldqov. com
tfr ! r - 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 informat on 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 : Cheryl Hoffman
Sent : Wednesday, October 03 , 2018 12 : 05 PM
To : Patti Russell < prussell@weldgov . com >
Cc : Esther Gesick <egesick@weldgov . com >
Subject : RE : Ordinance 2018-08 - Chapter 2 and 3
I thought that was possibly the case . So should I use a particular date; like the Final Reading date ( 11 - 19 - 18 ) or Effective
date ( 12 -3 - 18 ) , or wait on you to work with Bruce on this ?
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970. 400. 4227
1
UM,
I 1i r
‘ . rr
Confidentiality Notice : This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged , confidential or otherwise
protected from disclosure . If you have received this communication in error, please immediately notify sender by return
e - mail and destroy the communication . Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited .
From : Patti Russell
Sent : Wednesday, October 03 , 2018 11 : 59 AM
To : Cheryl Hoffman < choffman@weldgov . com >
Subject : RE : Ordinance 2018 -08 - Chapter 2 and 3
On page 4 , Amendment to section 3-6-20 Sick Leave — I put a note in there for us to work on for dates . . . NOT
part of the policy
Thanks,
Patti Russell
Patricia S. Russell, SHRM- SCP, SPHR
Director, Human Resources
Weld County Government
1150 "O " Street
Greeley, CO 80631
(970) 400-4230
prussell@weldqov. com
I ? jr -- 1
fie '.
r �
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 : Cheryl Hoffman
Sent : Wednesday, October 03 , 2018 11 : 13 AM
To : Bruce Barker < bbarker@weldgov . com > ; Patti Russell < prussell@weldgov . com >; Don Warden
< dwarden@weldgov . com >
Cc : Esther Gesick <egesick@weldgov . com > ; Cheryl Hoffman < choffman@weldgov . com >
Subject : Ordinance 2018 -08 - Chapter 2 and 3
2
Could you all go over the changes made in the attached pdf, please?
Sec 3-6-20 Sick leave
Please include language for your Note
We'd like to read this ordinance to audio by Friday, 10/05/18, so would like to finalize as much as we can by then
Thanks'
Cheryl Hoffman
Deputy Clerk to the Board
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970.400.4227
Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited
3
Cheryl Hoffman
From : Don Warden
Sent: Wednesday, October 03 , 2018 12 : 14 PM
To: Cheryl Hoffman ; Bruce Barker; Patti Russell
Cc: Esther Gesick
Subject: RE : Ordinance 2018 - 08 - Chapter 2 and 3
Looks good to me .
Donald D. Warden
Director of Finance and Administration
Finance and Administration
PO Box 758
1150 O Street
Greeley, CO 80632
tel: 970-356-4000 Extension 4218
email: dwarden@co . weld . co . us
ta Ay
gis
� '► � ►
i tot rt
. v
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 : Cheryl Hoffman
Sent : Wednesday, October 3 , 2018 10 : 13 AM
To : Bruce Barker < bbarkeraweldgov . com >; Patti Russell < prussell@weidgov . com >; Don Warden
< dwarden@weldgov . com >
Cc : Esther Gesick < egesick@weldgov . com >; Cheryl Hoffman < choffman@weldgov . com >
Subject : Ordinance 2018-08 - Chapter 2 and 3
Could you all go over the changes made in the attached pdf, please ?
Sec . 3 -6- 20 . Sick leave .
Please include language for your Note .
We ' d like to read this ordinance to audio by Friday, 10/05/ 18, so would like to finalize as much as we can by then .
Thanks !
Cheryl Hoffman
Deputy Clerk to the Board
1
Weld County Clerk to the Board Office
1150 O Street
Greeley, CO 80631
970. 400. 4227
) r ' - '
r
. N •
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 .
2
Hello