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Barker Email to BOCC, March 29, 2018.
I was asked to provide some guidelines for the whistleblower committee to follow when it reviews the
whistleblower reports/complaints upon receipt. Don Warden and I have brainstormed and have come
up with the following:
The Harvey M. Rose Associates' recommendation for a whistleblower program was limited: Institute a
whistleblower program for employees to be able to anonymously report misconduct as encouraged by
WCC 3-3-20. So, the web portal and 1-800 number need to be provided to employees, only.
The group or committee appointed to review the reports/complaints needs to ask a few questions upon
their receipt:
a. Does the report/complaint discuss or identify misconduct by an employee or elected official
("EO")
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b. Does the report/complaint provide sufficient facts to enable a complete understanding of
the nature and extent of the misconduct?
c. Is there a sense that the report/complaint is credible?
d. Does the report/complaint provide an idea of what the reporter/complainant is seeking as a
remedy?
e. Is there a way to get back in touch with the reporter/complainant?
All County employees work for elected officials. Reports/complaints of misconduct where the EO's are
not the subjects shall be forwarded to the applicable EO's and Human Resources ("HR") for follow-up
and resolution. HR will work with the EO's to ensure resolution of the report/complaint occurs.
If the alleged misconduct appears to involve criminal conduct, the group/committee shall forward the
report/complaint to the County Attorney for referral to law enforcement. The County Attorney shall
also forward the report/complaint to the EO, the Board of County Commissioners and HR. The County
Attorney and HR will communicate with law enforcement regarding the status of its
review/investigation. All information received from law enforcement shall be forwarded by the County
Attorney and HR to the EO and the Board of County Commissioners. An employee charged or indicted
with a crime shall be suspended in accordance with Code provisions. Information about an EO charged
or indicted with a crime shall be forwarded to the County Council to be addressed in accordance with
Section 13-8(5).
Reports/complaints of misconduct where the EO's are the subjects shall be referred to HR for
investigation and the Board of County Commissioners for follow-up and resolution.
Thanks!
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
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Con'dential Draft
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Section 1: Organizational Structure and Division Functions
director -level staff?" Of these five responses, only two responded saying they had formal succession
plans or policies. Arapahoe County responded that it has two formal programs for leadership
development, but did not note that it had a formal succession plan. In addition, Douglas County
responded that it has an Immediate Succession Policy, which requires the County Manager and the
County Attorney to have no fewer than two individuals prepared to step in to those roles. The Douglas
County response further stated that the County's succession planning for director -level positions is more
informal. Full results from our benchmarking survey may be found in Appendix A to this report.
Although developing a formal succession plan is not a standard benchmark for counties in Colorado, the
Director of Human Resources should work with the Board to determine a schedule to review and update
succession plans on a regular basis such as annually or biennially to ensure that the County is effectively
managing its talent and keeps pace with director -level turnover.
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Recommendation 1.3: The Director of Human Resources should work with the Board to determine a
schedule to review and update succession plans on a regular basis such as annually or biennially to
ensure that the County is effectively managing its talent and keeps pace with director -level turnover.
Weld Lacks Formal Whistle Blower Program
Article III of Chapter three of the Weld County Code outlines the County's standards of conduct,
including expectations of proper conduct, workplace violence, harassment, conflict of interest and other
related standards. Further, Article III (Section 3-3-20) also outlines how County staff can report
misconduct and how department heads and elected officials should handle reports of misconduct.
Section 3-3 20 states that:
An employee observing misconduct should report the incident immediately to the
department head or elected official. Employees may report misconduct of a department
head or elected official to the Department of Human Resources.
Despite this policy, there is no formal whistle blower program for County staff to anonymously report
misconduct. Of the six responses that we received from our benchmarking survey, two counties
(Arapahoe and Douglas) indicated that they have formal, independent whistleblower programs in place.
Arapahoe's County Attorney's Office is responsible for administering their whistle blower program while
Douglas County's Finance and Human Resources Departments oversee its anonymous reporting hotline,
EthicsPoint, administered by an independent third party. Pueblo County indicated that it has a process
for employees to submit complaints to Human Resources, but complaints are not anonymous, which is
similar to Weld County's process for submitting complaints. Boulder, Jefferson, and Mesa counties
in ;cdtt9ca that they do not have whistlehlower programs in place. The County Council should further
study the whistle Mower programs in its role as an oversight body for the County.
Harvey M. Rose Associates, LLC
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C.,-,' denttal Craft
Section 1 Orgonuatronal Structure and Drwsion Functions
Recommendation 1 4 The County Council should further study the whistle blower programs in place in
Arapahoe and Douglas counties to determine if Weld County would benefit from implementing those
programs,
Conclusions
The Weld Board of County Commissioners (Board) has a unique structure under the County's Home Rule
Charter in which Commissioners are each responsible for coordinating one of the County's five major
departments This structure carries many benefits, but also the risk that a commissioner may improperly
intrude on the administrative decision making of department heads, particularly in regards to personnel
actions The Board typically holds two work sessions each week as a forum for discussing administrative
matters with department heads and for providing administrative direction Although we received
generally posit', feedback on the usefulness of these meetings, the work sessions could be better
documented by audio recordings and/or with formal minutes recorded by the Clerk to the Board
The number of 'part time retirees (who are scheduled to work less than 40 hours per week, but
consistently work at least 20 hours per week) and hourly retirees (who are regularly scheduled to work
less than 20 hours per week) declined between 2014 and 2016 from 27 to 18 Although the Board
approved a succession plan as recently as April 2017 following a high level resignation, the Director of
Human Resources indicated that the County generally conducts succession planning as time permits
There is no formal whistle blower program for County staff to anonymously report misconduct
Although such a program is not standard for large Colorado counties, two peer counties have such
programs and it is prudent government practice to provide a venue for staff to anonymously report
misconduct for further investigation
Recommendations
The Board of County Commissioners should
1 I Consider an ordinance that further def,nes the Board of County Commissioners coordinator role,
including actions that would be considered improper intrusion in to department operations
without consultation with the full Board Second recommendation
1 2 Direr: the Clerk to 'he Board to (1) record all Board of County Commissioners work sessions
w th on a,ldin de,' re and make si!ch audio recordings available -upon request by the public and
Harvey M Rose Associates, LCC
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Sec. 3-3-20. - Reporting misconduct.
A. An employee observing misconduct should report the incident immediately to the department head
or elected official Employees may report misconduct of a department head or elected official to the
Department of Human Resources.
B. If misconduct did occur, appropriate disciplinary action may be taken. No department head or
elected official shall initiate or administer any disciplinary action against an employee on account of
the employee's reporting misconduct, unless the reporting employee:
1. Knows that the report is false. or the report was made with disregard to its truth or falsity.
2. Discloses information wh ch is confidential from government records which are closed to the
public, pursuant to Section 24-72-204, C. R S.
3. Discloses information that is confidential under any other provisions of law.
Employees should refer to Sections 24-18-101 and 24-18-201. C.R.S. , to determine what should be
done to comply with state law regarding possible conflict of interest.
( Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4)
3F3 5111413
Expense Provisions
Home Rule Charter:
Section 3-8. - Powers and Duties.
(4) Without limiting the generality of the foregoing or diminishing the total authority and
responsibility of the Board as herein provided, the powers and duties of the Board
shall include duties and powers to:
(p) Provide for reimbursement of actual expenses of food, travel, and lodging
necessary for performance of the duties of a County Commissioner, County
Councilman, county officer, county employee, or member of an appointed board
or commission.
Weld County Code:
Sec. 2-12-90. - Use of private automobile.
Some positions require, as a condition of employment, the use of the employee's vehicle in conducting
assigned duties. Employees will be reimbursed mileage based on two cents less than the Internal Revenue
Service mileage rate. This mileage rate covers all automobile expenses such as fuel, maintenance. towing.
repairs. tires. depreciation and insurance. No reimbursement will be made for vehicle repair costs
regardless of whether it results from the traveler's act or acts of others. In addition tc the standard mileage
allowance, tolls and parking fees are also reimbursable expenses if the use of the toll way is cost effective
or necessary. Weld County will not reimburse employees for parking tickets, fines for moving violations or
vehicle towing charges. Mileage which originates from the employee's appointed work location and returns
to that location is always measured based on actual miles driven. Mileage reimbursement where either the
point of origination or the point of return, or both is the employee's home, is measured from the employee's
home to the destination and return, or. from the employee's department address to the destination and
return, whichever is less. When two (2) or more passengers travel in one private automobile on official
county business only one employee may claim reimbursement for mileage. Personal vehicles may be used
in lieu of commercial airline travel. Mileage will be reimbursed at the established current rate but
reimbursement for mileage cannot exceed the cost of coach/economy airfare.
Employees assigned to another work location on a temporary basis may claim mileage to and from
home and that location in an amount equal to the extra mileage than what is required for the normal
commute mileage to the permanent assigned work location.
The County is not liable for damage which may occur to the employee's vehicle while on County
business.
Sec. 2-12-160. - Travel, lodging, meals, rental cars.
It is the policy of Weld County to reimburse staff for reasonable and necessary expenses incurred in
connection with approved travel on behalf of Weld County.
Travelers seeking reimbursement should incur the lowest reasonable travel expenses and exercise
care to avoid impropriety or the appearance of impropriety. If a circumstance arises that is not specifically
covered in this travel policy. then the most conservative course of action should be taken.
A. Permissible prepaid travel expenses. Before the travel, Weld County may issue prepayments for
airfare, conference registration fees and cash advances. If an employee receives a cash advance
they must complete the personal expense claim to settle up the advance within fourteen -day of
their return Normal procurement and payment policies will apply
B Lodging (commercial) ,The cost of overnight lodging may be reimbursed to the traveler if the
authorized travel is over forty-five (45) miles from the traveler's home or primary worksite,
whichever is closer to the hotel Weld County will reimburse lodging expenses at reasonable,
single occupancy or standard business/government room rates When the hotel or motel is the
conference or convention site, reimbursement will be limited to the conference rate
Reimbursement for lodging is for commercial lodging only
C Meals and incidentals (conference/training) The Weld County Home Rule Charter says that
employees will be reimbursed for actual expenses incurred while on County business This
includes, but is not limited to, the cost of meals and incidentals incurred while attending
conferences and training according to the following rules
Cost of the meal is to be reasonable
2 Tipping is reimbursed at no more than fifteen (15) percent, unless it is automatically added
for a large group at a higher amount
3 Itemized receipts are required (digital image is acceptable) If an itemized receipt is not
turned in, no reimbursement will be allowed
4 If meals are provided as part of the conference or built into the standard hotel room cost,
reimbursement will not be allowed
5 Copy of the conference or meeting agenda (meeting schedule) must be included with the
reimbursement request
6 Personal entertainment expenses, including in-flight movies, headsets, health club facilities,
hotel pay per -view movies, in -theater movies, social activities and related incidental costs
are not reimbursable
7 Cost of "snacks" other than a meal will not be allowed
8 No reimbursement for alcohol
9 If receipt is for multiple people, names of those who have items being paid for must be
included on the receipt
D Meals (Single day travel) The Weld County Home Rule Charter says that employees will be
reimbursed for actual expenses incurred while on county business This includes, but is not limited
to, the cost of meals and incidentals incurred during single day travel according to the following
rules
Single day travel may be reimbursed if the employee is conducting county business during
the meal Names of people need to be listed on the receipt
2 Tipping is reimbursed at no more than fifteen (15) percent, unless it is automatically added
for a large group at a higher amount
3 Itemized receipt must be turned in (digital image is acceptable)
4 State on the receipt the business purpose of the meal
5 If training course, provide copy of agenda If meal is provided no reimbursement will be
made
E Accounting for savings by early arrival and/or late departure If an officer or employee chooses to
arrive early for a conference or meeting to take advantage of reduced airfare, the officer or
employee must reconcile the standard economy airfare with the reduced airfare, the additional
hotel and meal expenses, and any other expenses that were incurred because of early arrival
This reconciliation is to be submitted with the expense report If the officer or employee chooses
to arrive early or stay at a location after a conference has ended for personal reasons, the
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employee will not be reimbursed for hotel or meals for the time not spent on County business An
officer or employee is allowed to depart the day before the conference or meeting begins and
stay one day after the conference ends if the conference ends late in the day or if airlines don't
accommodate travel that day
Sec 3-9-20 - Seminars and conferences
A If an employee is requested by the County to attend a workshop, seminar, conference or other
educational training program, the employee will be reimbursed for the entire cost which includes
registration fees, lodging, meals and transportation Claims for reimbursement should be made in
accordance with the policies outlined in Chapter 5, Article IV of this Code
B Compensatory time while attending or traveling to a workshop, seminar, conference or other
educational training program will be paid according to federal regulations In the event a department
has insufficient budgeted dollars for certain seminars or conferences, the employee and department
may negotiate a sharing of the cost of the seminar or conference if agreeable to both the employee
and department head or elected official
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