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WELD COUNTY
CODE ORDINANCE 2017-07
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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 3
HUMAN RESOURCES
Amend Sec. 3-2-40. Promotions/transfers.
A. Promotions and transfers may be given to employees for the purpose of better utilizing the
abilities of County employees. The County is interested in employee development and
encourages all employees to prepare for advancement to higher positions.
B. Promotions and transfers from within the County are made when appropriate. County
employees are encouraged to apply for vacancies for which they are qualified by completing
the Weld County Employment Application. County employees who meet the position criteria
may be selected for interview for the position. Department heads and elected officials have
the discretion to promote individuals within their departments based on performance and/or
qualifications without advertising a position or without conducting interviews.
Amend Sec. 3-2-110. Benefit table.
Table 3.3 describes benefits by employee type for County employees:
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Table 3.3
Benefit Table by Employee Type
Step
Progressio
Health
Insurance!
Disability
Insurance
Life Insurance
Retirement
Plan +
Sick Leave
Bereavement
Leave
Grievance
Rights
' Part -Time 20— Temporary or less Working Retiree
Full -Time
Seasonal than 20 20-38
r.s.a�39 hours/week hours/week hours/week
Yes
Yes
Yes
No
*Yes
No
No
No
*Yes
* Prorated. An employee must consistently work 20 hours or more per week to receive a prorated
health insurance benefit.
** Temporary part-time employees working 30-39 hours are eligible for health insurance.
+All employees of the Department of Public Health and Environment will be members of PERA.
Working after retirement employees must refer to their employment contracts for explanation of
benefit eligibility.
Amend Sec. 3-6-05. Leave restriction.
Employee Leave Benefits are not an entitlement; they are a privilege to be earned and can
be changed or revoked by the County.
With the exception of FMLA/ADA purposes, an employee may not have more than six (6)
months of combined paid or unpaid leave during any twelve-month period unless the employee's
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supervisor, in consultation with his or her department director or elected official, believes it to be
in the County's best interests to allow the employee to have more than six (6) months of leave.
Amend Sec. 3-6-10. Vacation leave.
A. — No change.
B. Vacations must be scheduled in advance with the employee's supervisor. Vacation time will
only be paid if taken on days the employee is scheduled to work. No vacation time will be
paid for normal days off. At no time will an employee be paid regular pay and vacation pay
for the same time. Vacations shall not conflict with work requirements of the department.
Scheduled vacations may be canceled at any time for any reason by the department head or
elected official. Annual vacation is earned according to length of County service as shown on
Table 3.4. Accrued vacation hours must be earned prior to being available to the employee.
Table 3.4 — No change.
C. An employee cannot accumulate in excess of three hundred twenty (320) hours (prorated for
benefit eligible part time employees, based on Table 3.1). Vacation time cannot be used in
conjunction with a termination. The last day worked will be considered the termination date,
with the exception of retiring employees. Earned but unused vacation is only payable upon
termination of employment.
Remainder of section — No change.
Amend Sec. 3-6-20. Sick leave.
A. — 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:
Table 3.5, C and D — No change.
E. Employees who are entitled and have earned sick time, may use this time on their normally
scheduled work days. No sick time will be paid for normal days off. At no time will an
employee be paid regular pay and sick pay for the same time. Sick leave hours and regular
hours may not exceed their normal scheduled shift.
F. An employee may be required to provide a medical doctor's verification that the employee
has been seen at a clinic for an illness or a medical doctor's verification of fitness for duty at
any time. Abuse of sick leave or excessive absenteeism may result in the loss of the privilege
to accumulate sick leave or may result in other disciplinary actions, including termination. An
employee who is absent from work for medical reasons for more than three (3) days, or is
absent intermittently for the same condition, may be required to provide a doctor's certification
and to complete all forms as directed under the Family Medical Leave Act. No medical
doctor's verification shall be required when the serious health condition occurs during, and is
the apparent result of, a pandemic health emergency which has been declared by the County
Health Officer.
G. All employees who are eligible to accrue sick leave are authorized five (5) sick leave
occurrences in any rolling twelve-month period. A sick leave occurrence is defined as a
minimum of one (1) sick leave day (standard work day is eight [8] hours), a number of
consecutive sick leave days taken at any one (1) time or a combination of hours equaling one
(1) sick day (prorated for standard hours worked in a day up to eight [8] hours). Employees
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who exceed the five (5) occurrences are subject to disciplinary action, including but not limited
to the revocation of all sick leave privileges as set forth in this Section, suspension, leave
without pay and/or termination. Sick leave which occurs during, and as the apparent result
of, a pandemic health emergency which has been declared by the County Health Officer shall
not be considered as a sick leave occurrence pursuant to this Subsection.
H. Advanced sick leave is not permitted. Employees may not carry negative sick hours. The
County will not pay out earned sick leave in lieu of taking the time.
I. An employee who calls in sick when scheduled for mandatory overtime will be able to use
their sick time. The sick time will count as an occurrence and possibly lead to disciplinary
action.
J. An employee cannot accumulate in excess of four hundred eighty (480) hours of sick leave
(prorated for benefit eligible part time employees).
Amend Sec. 3-6-50. Family and medical leave policy.
A. through 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 and then take the remainder of any approved FMLA as leave without pay; however,
an employee may still receive a portion of pay, if eligible, and qualifies for the Short -Term
Disability benefit.
2. 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 will qualify and become eligible for Short -Term Disability
after exhausting all accrued sick leave or on the 31st calendar day of continuous
leave, whichever occurs later. If the employee does not have enough sick leave to
cover the 30 -day waiting period 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 begin as their paid benefit, and
the time while on Short -Term Disability is to be coded as leave without pay.
b. An employee who is taking leave because of a serious health condition for the
employee's family member will not qualify for Short -Term Disability. Under the
County's sick leave policy, the limit of paid sick leave to care for family members is
a maximum of forty (40) hours total per payroll year. After which time, leave without
pay is to be used once all other accrued/earned time as been exhausted first,
regardless if there is still a sick balance.
3. An employee taking leave for the birth of a child must use paid sick leave for physical
recovery following childbirth. After the recovery period for child birth, an employee is no
longer considered to be on leave for their own serious health condition. The employee
must then use all applicable accrued paid leave and then will be eligible for unpaid leave
for the remainder of the approved FMLA, not to exceed twelve (12) weeks.
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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, intermittently
(taken periodically and only if approved by the Department of Human Resources working
with the Department Head or Elected Official for cases of parental bonding) under certain
circumstances, may use the leave to reduce the workweek or workday, resulting in a
reduced -hour schedule, or any combination therein. In all cases, the FMLA leave may
not exceed a total of twelve (12) weeks over a rolling twelve-month period.
Remainder of 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 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.
2. and 3. — No changes.
4. While on leave, employees are requested to report periodically to the Department of
Human Resources regarding the status of the medical condition and their intent to return
to work.
Remainder of section — No changes.
Amend Sec. 3-6-60. Personal leave.
Personal leave is a privilege granted to regular and part time employees. Employees in their
initial review period are not eligible. To be eligible for Personal Leave an employee must have a
balance of forty (40) or more hours of sick time accrued. Each year a regular employee may
convert sixteen (16) hours (prorated for benefit eligible part time employees, based on Table 3.1).
The method of scheduling and the timing of personal leave time is at the discretion of the elected
official or department head. Because of the payroll system, personal leave days must be used by
December 15 of the same year during which they are granted.
Amend Sec. 3-6-90. Leave of absence without pay — (not to include FMLA Leave).
Remainder of section — No change.
Amend Sec. 3-7-70. Compensatory time off.
Compensatory time off (comp time) in lieu of overtime may be given if there is an
understanding between the County and the employee to provide time off as compensation for
overtime. To maintain a record of this understanding, a comp time form is available from the
Department of Human Resources.
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If an employee is eligible for comp time and is promoted to a different position, the employee
will be paid out all earned comp time at the rate of pay prior to their promotion.
Amend Sec. 3-8-30. Communicable disease policy.
Repeal and Re-enact in its entirety, as follows:
A. The County strives to be in compliance with all equal opportunity laws, including those
involving persons with disabilities. The County is committed to providing fair and equal
employment opportunities for all individuals, including those who have been exposed to
communicable and/or transmittable diseases. The County is also committed to providing
a safe workplace for all employees and a safe environment for the public.
B. All medical information gained by the County about the health status of an employee,
including the identity of an employee affected by a communicable disease, shall be
confidential. County employees will refrain from releasing any information pertaining to a
person diagnosed as having a serious medical illness. Knowledge of any person so
affected will be confined to those persons with a direct need to know.
C. In cases involving a communicable disease, determination of safety in the workplace will
be made based on current and well-informed medical judgments concerning the disease,
the risks of transmitting the illness to others, and the symptoms and special circumstances
of each individual. Guidance from the Public Health Officer will be taken into account.
The County reserves the right to exclude a person with a communicable disease from
County facilities, programs, and functions if the County finds that, based on a medical
determination, such restriction is necessary for the welfare of the person who has the
communicable disease and/or the welfare of others within the workplace. If a
determination is made by the County, after consultation with the Public Health Officer,
that a medical condition poses little or no threat to health and safety in the workplace
setting, the County is not obligated to make any special accommodations for an employee
who refuses to work with an affected co-worker or the public. Employees who refuse to
work with an affected co-worker or the public may be disciplined up to, and including,
termination.
D. The incidence of serious or life -threatening illnesses that are readily transmissible during
interaction in the workplace is low. However, because the presence of a serious disease
that is transmitted by airborne droplets (for instance, active TB and measles) or other
modes of transmission can pose a threat to the health and safety of employees or the
public, the following responsibilities apply to affected employees, their supervisors,
department heads, elected officials, the Department of Human Resources, and the Public
Health Officer.
1. Employee responsibilities: An employee with a serious, easily transmissible disease,
such as active TB or measles, has the responsibility to remove himself or herself from
the workplace until the employee is no longer infectious. The infectiousness of the
employee shall be determined by a medical professional. The employee is required
to inform the Department of Human Resources of this communicable disease upon
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diagnosis or suspicion of diagnosis. If the affected employee is unsure whether his
or her illness meets this criteria, he or she is responsible for verifying with the
Department of Human Resources. The employee is not required to inform his or her
supervisor of this illness. The employee may also be required by the County to obtain
a medical certification that he or she does not represent a threat to coworkers or the
public prior to being permitted to return to work.
2. Supervisor responsibilities: Supervisors shall not reveal the identity or the presence
of an affected employee to anyone other than the Department of Human Resources.
3. Department head and elected official responsibilities: A department head or elected
official who is told of the presence of an affected employee in his or her department
shall not reveal the identity or the presence of an affected employee to anyone other
than the Department of Human Resources and/or the Public Health Officer so that
appropriate contact follow-up can be started.
4. Department of Human Resources responsibilities: Once informed of the disease, the
Department of Human Resources shall provide details of the situation, including the
name of the affected employee to the Public Health Officer to determine the threat
level to coworkers and the public.
5. Public Health Officer responsibilities: The Public Health Officer will assess the
situation and determine whether the coworkers or members of the public could have
been exposed to the infectious agent in the workplace and take steps to minimize the
risk of disease transmission. The Public Health Officer and his or her public health
team will be available to answer any questions regarding communicable diseases.
E. Serious or life -threatening illnesses that are caused by blood -borne or sexually
transmitted infectious agents are not readily transmissible through interaction in the
workplace. These conditions, including AIDS and Hepatitis C, are transmitted by blood
contamination from the bloodstream of one (1) person to the bloodstream of another and
by intimate sexual contact. The following responsibilities apply to affected employees,
their supervisors, department heads and elected officials.
1. Employee responsibilities: Employees infected with blood -borne or sexually
transmitted infectious agents such as HIV or Hepatitis C do not pose a threat to the
health and safety of employees in the workplace. Therefore, they are not required to
remove themselves from the workplace or tell their supervisor about their condition.
2. Supervisor responsibilities: Supervisors who find out about such a condition by
voluntary disclosure or suspect the presence of such a condition shall not reveal the
identity or presence of an affected employee.
3. Department head and elected official responsibilities: Department heads or elected
officials who find out about such a condition by voluntary disclosure or disclosure from
a supervisor, or suspect the presence of such a condition, shall not reveal the identity
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or presence of an affected employee, even anonymously, to any County employee or
other individual, except:
a. Department heads and elected officials shall contact the Public Health Officer to
gather information about specific concerns or educational needs in their
departments and information on support services or referrals. The Department
head or elected official will not reveal the identity of the employee to the Public
Health Officer.
b. Department heads and elected officials shall consult the Department of Human
Resources to gather information about personnel decisions. The department head
or elected official will not reveal the identity of the affected employee to the
Department of Human Resources unless the employee specifically consents to
such identification.
F. When a communicable disease affects the health of an employee to the point where his
or her job performance suffers, personnel decisions will be made on the same basis as
they would when other serious health problems come to the attention of the supervisor,
department head or elected official.
G. The County realizes that certain employees, as a result of their job, are at risk concerning
exposure to the HIV, Hepatitis B virus (HBV) and other blood -borne pathogens. The
County has chosen to set up guidelines that conform to the OSHA guidelines.
H. It is the intent of the County to employ universal precautions for exposures, meaning that
all human blood and certain body fluids are considered potentially infectious. All
departments must report any possible exposure to the Department of Human Resources
using the procedures outlined elsewhere for workers' compensation reporting. In addition,
the departments shall immediately telephone the Department of Human Resources on
possible exposures so instructions can be given on medical procedures to follow.
I. The following departments have comprehensive plans specific to their departments on file
with the Department of Human Resources: Department of Public Health and Environment,
Sheriff's Office and Coroner's Office. Comprehensive plans include the following criteria:
1. Exposure determination.
a. A list of all job classifications in which all or some of the employees have
occupational exposure.
b. A list of all tasks and procedures in which occupational exposure occurs and that
are performed by employees.
2. Plan documentation. Plans should be updated at least annually and whenever
necessary to reflect new or modified tasks with occupational exposure.
a. Engineering and workplace controls.
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b. Appropriate personal protective apparatus, including instructions for its use,
accessibility and maintenance.
c. Procedures for a clean and sanitary work site, including decontamination of
equipment, handling of regulated waste and handling of contaminated laundry.
d. Procedure for providing Hepatitis B vaccination.
e. Procedure for post -exposure evaluation and follow-up, including workers'
compensation reporting and employee testing.
f. Procedure for record keeping.
g. Procedures for training new and current employees, including record keeping,
trainer qualifications and content.
h. Signs and labels to communicate hazards.
Amend Sec. 3-8-40. Medical examinations.
A. Medical qualifications are realistic physical standards to assure that an employee is physically
able to perform the duties to the standards set by the County. All employees must meet the
medical standards for their specific position. Applicants for a position may be required to
participate in post offer screenings. An employee may be required to take a fit -for -duty exam
as a condition of continued employment if, in the judgment of the department head or elected
official, along with the Department of Human Resources, the employee's health appears to
be adversely impacting job performance, the assigned duties could be detrimental to the
health of the employee or the exam or screening is required by state or federal law.
B. The Department of Human Resources will schedule the fit -for -duty exam and screenings as
soon as possible once requested by the department head or elected official. An employee
may be placed on administrative paid leave pending the results. These exams or screenings
requested by the County will be paid for by the County. The Department of Human Resources
will receive the results.
Amend Sec. 3-10-90. Pay steps. The following policy is for all employees not considered public
safety (ie: Sheriff Office sworn Detention and Patrol Deputy classifications, and Communication
Specialists classifications.)
Remainder of Section — No change.
Add Sec. 3-10-95. Pay steps in its entirety.
Sec. 3-10-95. Pay steps. The following policy is for public safety (ie: Sheriff Office sworn Detention
and Patrol Deputy classifications, and Communication Specialists classifications.)
Pay steps are described as follows:
A. Step 1: Entry Step.
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B. Step 2: Qualified Step. Movement to this step from the entry step requires at least six (6)
months of satisfactory performance at the entry step.
C. Step 3: Proficient Step. Movement to this step from the qualified step requires at least
six (6) months of satisfactory performance at the qualified step.
D. Step 4: Second -Year Proficient Step. Persons who have completed two (2) years in the
same classification and have demonstrated sustained satisfactory performance at the
proficient step as recorded through the appraisal system. Movement to this step from the
proficient step requires at least one (1) year of satisfactory performance at the proficient
step.
E. Step 5: Third -Year Proficient Step. Persons who have completed three (3) years in the
same classification and have demonstrated sustained satisfactory performance at the
proficient step as recorded through the appraisal system. Movement to this step from the
second -year proficient step requires at least one (1) year of satisfactory performance at
the second -year proficient step.
F. Step 6: Fourth -Year Proficient Step. Persons who have completed four (4) years in the
same classification and have demonstrated sustained satisfactory performance at the
proficient step as recorded through the appraisal system. Movement to this step from the
third -year proficient step requires at least one (1) year of satisfactory performance at the
third -year proficient step.
G. Step 7: Fifth -Year Proficient Step. Persons who have completed five (5) years in the
same classification and have demonstrated sustained satisfactory performance at the
proficient step as recorded through the appraisal system. Movement to this step from the
fourth -year proficient step requires at least one (1) year of satisfactory performance at
the fourth -year proficient step.
H. Step 8. Seventh -Year Proficient Step. Persons who have completed seven (7) years in
the same classification and have demonstrated sustained satisfactory performance at
the proficient step as recorded through the appraisal system. Movement to this step from
the fifth -year proficient step requires at least two (2) years of satisfactory performance at
the fifth -year proficient step.
I. Step 9: Ninth -Year Proficient Step. Persons who have completed nine (9) years in the
same classification and have demonstrated sustained satisfactory performance at the
proficient step as recorded through the appraisal system. Movement to this step from the
seventh -year proficient step requires at least two (2) years of satisfactory performance
at the seventh -year proficient step.
NOTE: Progression up the pay steps is not automatic. A step increase can be delayed until the
employee's performance is satisfactory, in the opinion of the department head or elected official.
The above pay steps would not correspond to time in classification if the incumbent was promoted
into a higher step due to minimum five -percent increase for promotions or initially hired at the
qualified step, if a position was reclassified or if a pay step was delayed because of performance.
Time would then be determined by length of time in a pay step.
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,
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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 2017-07 was, on motion duly made and
seconded, adopted by the following vote on the 28th day of August, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Julie A. Cozad, Chair
Weld County Clerk to the Board
Steve Moreno, Pro -Tern
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Mike Freeman
County Attorney
Barbara Kirkmeyer
Date of signature:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
July 31, 2017
August 2, 2017, in the Greeley Tribune
August 14, 2017
August 16, 2017, in the Greeley Tribune
August 28, 2017
September 6, 2017, in the Greeley Tribune
September 16, 2017
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