HomeMy WebLinkAbout20183249.tiff WELD COUNTY ta -" / ° ' / I
CODE ORDINANCE 2018 -08
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and hereby are , repealed and re-enacted , with amendments , and the various Chapters are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
Amend Sec . 2 -2 - 150 . Amendment 41 ; st Ethics rules and
standards .
Section 7 of Article XXIX of the Colorado Constitution allows home rule counties to adopt
charters , ordinances of resolutions that address the matters covered by said Article XXIX . All
which prohibits accepting bribes , money , property or services of value in the course of
re also made
3-3- 10 . A . 10 of this Code . Penalties for violations
of-Paragraph 3-3- 10 . A . 10 shall include those which apply and are set forth in this Code and the
state statutes . All Elected 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 Elected Officers and employees regarding such ethics
rules , standards , and penalty provisions and how to comply with them .
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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
for 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
,
that is , the employee or the employee' s supervisor. Each employee has access to his or her
own records .
r her record wi
s .
of employment with the County . Inquiries that are authorized by employees or former
employees from prospective employers will be answered based on the final performance
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
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 . X24-72-
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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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
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
e mployer by expressly granting such permission in writing . Additionally , the employee may
o btain 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
employee ' s 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 disciplinary 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 , property or services of value in the course of employment . 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 .
11 . thru 20 . — No change .
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 .
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Amend 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
with the County which might interfere with the unbiased discharge of his or her duty to the
public and the best interest of the County . This restriction shall not apply where the officer,
member of an appointed Board or employee' s department has no direct contact or business
organization doing business with the County .
2 . Neither the Treasurer nor employees of the Treasurer' s office shall have any proprietary
,
business with the County , the question will be presented to the County Council for review ,
investigation , decision and resolution . The judgment and decision of the Council shall be
consicerec 'Ina anc sia be mace a . Conflicts of interest in
government employment are also governed by state law , the Colorado Code of Ethics , C . R . S .
§ 24- 18- 1O1 et seq . , and C . R . S . § §24- 18-201 et seq . Sect}ons 24- 18- 101 to 113 . and 24- 18
201 to 205, G . 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 Federa ! Medical Leave Act ( FMLA) , ( spouse , child or parent) who are
ill , may use a maximum of forty (40) hours total per calendar payroll ycar of their
accumulated sick leave . ( Prorated for part time employees , based on Table 3 . 1 ) For the
purposes of the rMLA , the employee ' s chiid 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 .
Sick leave is accrued from 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 require the employee to reimburse the County the amount
it paid for the employee' s health insurance premium during the leave period . An employee
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 .
<13 . 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 . — No change .
L . Use of paid and unpaid leave .
1 . If the employee has accrued paid leave , the employee must use applicable paid leave first
up to thirty ( 30 ) days and then take the remainder of the twelve ( 12 ) weeks as unpaid
leave , unless any approved FMLA as leave without pay ; however , an employee may still
receive a portion of pay , if eligible , and qualifiesd for the- Short-Term Disability benefit .
2 . Leave taken ondition .
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ORD2018-08
a ve because of the employee' s own serious
health condition wil
all accrued sick leave or on the 31st ca enc. ,
Later. If the
for Short-Term Disability , then the employee will be required to use any comp time ,
vacation leave or other earned leave prior to being permitted to code time as leave without
pay . Once eligible for Short-Term Disability , the employee will no longer be required to
use their vacation , comp time or other earned leave benefits, as Short-Term Disability will
leave without pay .
Ia. An employee who is taking leave because of a serious health condition for the employee' s
accrued/earned time as been exhausted first , regardless if there is still a sick balance .-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 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 vacation leave or other earned
leave prior to being eligible for unpaid leave . 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 . 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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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-Tem
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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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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