HomeMy WebLinkAbout20162858.tiffWELD COUNTY
CODE ORDINANCE 2016-08
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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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. 3-2-90. Employee definitions.
A. through G. -- No change.
H. Part-time. A part-time employee is regularly scheduled to work less than forty (40) hours per
week. The part-time employee who consistently works at least twenty (20) hours per week
may participate in most County benefits on a pro rata basis based on standard hours worked
listed below. The employee has no grievance rights as described in this Chapter and may
nut participate in the Retirement Plan.
Delete I.
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i
Table 3.1
Part Time Status Example
Normal Hours Worked Per Week
Part Time Status
32
:80
30-39
.75
24
60
20-29
.50
Remainder of Section — reletter.
Amend Sec. 3-2-11 0. Benefit table.
Table 3.3 describes benefits by employee type for County employees:
Table 3.3
Benefit Table by Employee Type
i
Full -Time
Regular
Seasonal
Part -Time
20-39
hours/week
Temporaryor less
than 20
hours/week
Working
Referee
20-38
hours/week
Step
Progression
Yes
Nor
No
I
No
No
Health
Insurance
Yes
;Yes
"Yes:
No
'Yes
Disability
Insurance
Yes
No
Yes
Na
No
Life Insurance
Yes
No
Yes
N`o
Yes:
Retirement
Plan +
Yes
Ilv
No.
Nd No
Sick Leave
Yes
Noy
*Yes
No 'Yes
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Vacation
Leave
Holiday Pay
r
Personal
Leave
Bereavement
Leave
Grievance
Rights
Yes
*Yes.
Yes
No
*Yes
Yes
Yes
Yes
No
*Yes
NO
*Yes
*Yes
'Yes
No
'Yes
* Prorated. An employee must consistently work 20 hours or more per week to receive a prorated
health insurance benefit.
+ 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. 3-3-70. Suspension and termination for charge with crime.
A. In the event that an employee is formally charged or indicted for the commission of a crime,
the department head or elected official may suspend such employee, with or without pay,
pending prosecution of the offense. Unless the circumstances are such that immediate action
must be taken, the department head or elected official should hold a hearing with the
employee prior to a suspension without pay. If the circumstances warrant an immediate
suspension without pay, the department head or elected official should hold a hearing with
the employee as soon after the suspension takes effect as is practicable. The employee will
be informed of the reason for the hearing and will be afforded an opportunity to respond to
the charges. The hearing may be very informal, with no required prior notice. No other person
besides the department head or elected official, along with a member of Human Resources,
if desired, and the employee may be present at the hearing. If the department head or elected
official determines, based upon the situation, that immediate disciplinary action is
appropriate, a hearing as set forth in Section 3-4-10 of this Chapter may take place instead
of a hearing as provided in this Section.
B. — No changes.
C. During the period of time that the employee is suspended with or without pay, the employee
is required to notify the department head or elected official of any change in his or her address
or phone number or the status of the criminal cast If an employee's suspension without pay
continues for up to three (3) months, the department head or elected official shall further
investigate the matter. If the department head or elected official determines, based upon the
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results of the investigation, that disciplinary action is not yet warranted, an additional informal
hearing may be held with the employee to determine the status of the criminal proceedings.
The department head or elected official may decide to continue the suspension with or
without pay. The department head or elected official shall review the status of the suspension
on a three-month basis until such time that the employee's case is resolved, a disciplinary
action has occurred or both. If the employee has been on leave without pay for six months,
according to Section 3-6-05 — Leave Restrictions, an employee may be terminated. If the
employee is not convicted, the Department Head/Elected Official may re -hire the employee
for the next open position that is the same or similar to their former position.
Remainder of Section — No changes.
Amend Sec. 3-3-120. ID badge policy.
A. — No changes.
B. Weld County ID badges are to be used primarily for official County business only. Badges
given to employees to access the Centennial Building or other County buildings or meetings
are not to be used for personal business, Any employee using his or her badge to gain access
to the courts or any County building for personal reasons will face disciplinary action and will
have his or her badge confiscated.
C. Lost or stolen badges should be reported to Human Resources as soon as possible. Weld
County will supply one replacement badge if lost or stolen; all others will be charged to the
employee at cost.
Remainder of Section — No changes.
Amend Sec. 34-10. Disciplinary actions.
A. — No changes.
B. For any disciplinary action, short of dismissal, which may result in a loss of pay or benefits,
an employee is entitled to a meeting with the department head, elected official, supervisor or
other designee who may impose the disciplinary action. The employee will be informed of the
incident that led to the meeting and will be afforded the opportunity to respond to the charges.
After reviewing the employee's response, if any, the department head, elected official,
supervisor or other designee will then administer the appropriate discipline. Documentation
of the meeting and of the disciplinary action will be forwarded to the Human Resources Office.
Remainder of Section - No changes.
Amend Sec. 34-20. Dismissal procedures.
A. through B. — No changes.
C. Attendance at the pre -dismissal hearing is limited to the department head or elected official
or other designee of the department head or elected official who has knowledge of the
termination recommendation, the immediate supervisor, the employee being considered for
dismissal, the employee's legal counsel if desired and a representative of the Department of
Human Resources. If the employee is represented by legal counsel, the department head or
elected official may also have legal representation.
Remainder of Section — No changes.
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Amend Sec. 34-60. Grievance procedure.
The employee grievance procedure is as follows:
A. Step 1. Appeal to immediate supervisor. All grievances must first be presented to the
employee's immediate supervisor within five (5) days of the incident which is the subject
matter of the grievance.
B. Step 2. Immediate supervisor response to appeal. The immediate supervisor will give
the employee an answer within five (5) days of the presentation of the grievance.
C. Step 3. Appeal to the department head or elected official.
1 If the employee is not satisfied with the supervisor's answer to the grievance, the
employee may, within five (5) days of receiving the supervisor's answer, appeal the
supervisor's answer to the department head or elected official. Such an appeal must
be presented in writing. The writing shall state the nature of the grievance and
explain the employee's position.
2. Timeliness of appeal. In all cases, failure to submit a written appeal to the
department head or elected official within twenty (20) days of the incident which is
the subject matter of the grievance shall constitute a stale grievance and waiver of
grievance rights for the incident.
3. — No changes.
D. — Step 4. Department head or elected official response to the appeal. The department
head or elected official shall give a written answer to the grieving employee within five
(5) days of the presentation of the grievance.
E. Step 5. Filing a formal written grievance. If the employee disagrees with the department
head or elected official's answer or discipline resulting in loss of pay, or if grieving a
dismissal from employment, the employee may file a formal written grievance with the
Department of Human Resources within ten (1 0) days of receiving the department head's
or elected official's written response or dismissal from employment, or discipline resulting
in loss of pay. The written grievance must clearly state the employee's side of the case
and must include the following: specifically what decisions or actions the employee is
grieving; what remedy the employee is seeking in the grievance; the specific facts as
they are known to the employee; any documentation to substantiate the fads; and a
summary of the answer of the supervisor and department head or elected official.
F. — No changes.
C. Step 7. Scheduling the grievance hearing. The Director of Human Resources has
fifteen (15) days from receipt of the written grievance to set a grievance hearing date
and to notify the employee and department head or elected official of the hearing date.
Amend Sec. 3-4-70. Grievance hearing.
A. through D.5. — No changes.
6. In the event an employee is represented by an attorney, notice of such representation
must be submitted to the Human Resources Office at least five (5) days prior to the
hearing so that the County Attorney may be prepared to represent the department head
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or elected official. If the employee cannot afford an attorney, the Grievance Board may,
at its discretion, allow a person who is not an attorney to represent the employee.
D.7. through H.2. No changes.
3. Upon completion of the grievance process and within ten (10) days of the hearing's
conclusion, a written report of the findings of fact and a decision of the Grievance Board
will be prepared. A copy will be distributed to the grieving employee, the grieving
employee's supervisor and department head or elected official and the Department of
Human Resources.
4. The Grievance Board's decision is final, unless timely appeal is made to the Board of
County Commissioners as indicated below.
I. Appeal. Any party who seeks to modify the decision of the Grievance Board may appeal the
matter to the Board of County Commissioners. To do so, the party must file a written notice
of appeal with the Director of Human Resources within ten (10) days of receiving the
Grievance Board's decision. The notice of appeal must specifically state what part of the
decision the party seeks to have modified and the reasons therefore. The notice shall not
exceed five (5) pages in length. The party opposing the modification may submit a
memorandum brief, but must do so within five (5) days of receiving the notice of appeal. Any
such memorandum brief shall not exceed five (5) pages in length.
J. Review of appeal.
1. The Director of Human Resources shall transmit the Grievance Board's decision, the
notice of appeal and any memorandum brief to the Board of County Commissioners for
review within twenty-one (21) days of receiving the notice of appeal.
2. The Board of County Commissioners may affirm the Grievance Board's decision, modify
it in whole or in part or remand the matter to the Grievance Board for further fact-finding.
A modification may only be made if, based upon the Grievance Board's findings of fact,
the decision is clearly wrong or is in excess of the Grievance Board's jurisdiction,
authority, purposes or limitations as defined by this Chapter and the procedures outlined
in Chapter 2 of this Code. The Board of County Commissioners may review the entire
hearing record upon a majority vote of the Board of County Commissioners. The Board
of County Commissioners shall transmit a written decision on the appeal to the Director
of Human Resources within ten (10) working days after receiving the Grievance Board's
decision, the notice of appeal and any memorandum brief from the Director of Human
Resources. The Director of Human Resources shall thereafter communicate the decision
to the employee within five (5) working days of receiving the Commissioners' decision.
Remainder of Section -- No changes.
Amend Sec. 3-6-1 0. Vacation leave.
A. and B. — No changes.
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Table 3.4
Annual Vacation Accrual
Continuous
Years of
County Service
Under 5
5 through 9
10 through 19
20
Hours
Accrued
Monthly
Part Time Accrual (based
on weekly hours)
.50
8
10
Retired With Benefits
Accrual
.75
.50
.75 .85
6
4
5
7.5
6.8
7.5
12
6
13.33
6.5
9
10
6.5
9
10
8.5
10.2
.95
7.6
9.5
11.4
11.33 p 12.66
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
will be payable upon termination of employment.
Remainder of Section — No changes.
Amend Sec. 3-6-20. Sick leave.
A.1. and A.2. — No changes.
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 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), or if older there
must be medical certification showing the child is disabled.
4 .- No changes.
B. All regular and job -share employees are eligible for sick leave one (1) full pay period of
employment. Sick leave is accrued from date of hire. The accrual rate is shown on Table 3.5:
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t
Table 3.5
Sick Leave Accrual Rates
Sick Accrual
Hours Accrued Monthly
Regular Employee
8
Part Time .75
6
P
Part Time .50
4
Retired with Benefits .50
4
Retired with Benefits .75
6
Retired with Benefits .85
6.8
Retired with Benefits .95
7.6
C. through H. — No changes.
Delete I.
1-. An employee cannot accumulate in excess of four hundred eighty (480) hours of sick leave.
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, with supervisory approval, a
ratii ear amnln�aA rn a r\nntn5rt eivtaen `I A\ hi" Ire (h rrnratarl fnr-,anafit\ QlfrjhgrL fld' + 4inta.
-.. rr . • .-• rte... r. . r•e%*rr. • v • •vM• v 1 V. \A\VV • VI 1
employees. based on Table 3.1). for example: part time .75 may convert twelve (12) hours; part
time .50 may convert eight (8) hours; and retired with benefits .75 may convert twelve (12) hours,
.50 may convert eight (8) hours, .85 may c04vert thir#een and six tenths (13.6) hours, and .95
may convect -fifteen and two tenths (15.2) hours of sick leave into personal leave hours. Personal
leave time may -not -be -serried over from year to year: The method of scheduling and the timing of
personal leave time is at the discretion of the elected official' or department mead. lfecause of the
payroll system, personal leave days must be used by December 15 of the same year during which
they are granted.
Amend Sec. 3-6-70. Holidays.
A. Employees will be paid for the equivalent of eight (8) hours of Holiday Pay for each holiday
recognized by the Board of County Commissioners through the procedure detailed below,
with such Holiday Pay being prorated accordingly for part time employees. All regular and
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part time employees will receive paid holidays. Dates will be established annually and will be
published by resolution of the Board of County Commissioners. Recognized holidays may
include the following:
1. New Year's Day.
2. Martin Luther King Day (floating).
3. President's Day.
4. Memorial Day.
5. Fourth of July.
6. Colorado Day (floating).
7. Labor Day.
8. Columbus Day (floating).
9. Veterans Day.
10. Thanksgiving Day.
11. Christmas Day.
B. Regular employees shall consider a holiday as eight (8) hours of paid time; holiday pay will
be prorated for benefit eligible part time employees based on their standard weekly hours,
for example: part time .75, six (6) hours; part time .50, four (4) hours; and retired with benefits
.95, seven and six -tenths (7.6) hours, retired with benefits .85, six and eight -tenths (6.8)
hours, retired with benefits .75, six (6) hours, and retired with benefits .50, four (4) hours of
paid time. These hours may or may not correspond with the assigned work shift. To be eligible
for holiday pay, an employee must be on paid status the scheduled workday before and the
scheduled workday after the holiday. Employees working on an official holiday may receive
a day off in lieu of the official holiday or may be paid straight time for working on the holiday.
No employee assigned to shift work shall receive a greater or a lesser number of holidays in
any calendar year than employees regularly assigned to work during the normal workweek.
Remainder of Section — No changes.
Amend Sec. 3-6-80. Bereavement leave.
Leave of absence with pay because of death in the immediate family may be granted to
regular and part time employees by the department head or elected refiniat far a Wind r,nt_+n
exceed 24 hours (prorated for benefit eligible part time employees) based on Table 3.1)
Entitlement to leave of absence under this Section shall be in addition Igo any miner nave: r or
purposes of this Section, immediate family means: spouse, child, parent, stepparent, stepchild,
sibling, half -sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-in-law,
brother-in-law, grandparent, spouse's grandparent, step -grandparent, grandchild, step -
grandchild, foster parent, foster child and guardian.
Amend Sec. 3-6-100. Jury duty/witness.
An employee who is regularly employed, as defined by Section 13-71-126, C.R.S., and who
is required to serve as a witness in a case involving the County government or as a juror during
scheduled work time, is entitled to paid leave not to exceed three (3) weeks (based on a 40 -hour
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week) - up to one hundred twenty (120) hours (prorated for benefit eligible part time employees,
based on Table 3.1). An employee who serves on a jury shall pay to the County all amounts
received for the jury service. In order to be granted leavefor jury duty, the employee must submit
a copy of the summons and all forms furnished by the Clerk of the Court relative to the time of
service. Mileage allowances can be retained by the employee. An employee who is subpoenaed
to appear as a witness in a case unrelated to County business must use paid leave, if available.
If no paid time is available, the time off will be leave without pay. Employees must avoid situations
in which they, through their voluntary actions, may be called to testify in private civil matters,
wherein knowledge of confidential facts, circumstances or opinions they have obtained in the
scope and course of their work may be revealed.
Amend Sec. 3-6-110. Closure of County operations.
A. In the event the County closes operations or facilities due to inclement weather or other
emergencies, regular and part time employees scheduled to work will be paid for no more.
than their scheduled hours for the day, up toan 8 hours a day. Employees required to work
during such closure due to County needs shall not be paid any additional salary,
compensation or compensatory time off. An employee already on leave of any type on a
closure day shall be charged for that leave day as if County operations were normal.
Remainder of Section — No changes.
Amend Sec, 3-6-140. Military leave of absence.
A. and B. — No changes.
C. If an elected official, department head or employee's military status changes from reserve to
active in time of war or other emergency as declared by proper military authority (extending
beyond the fifteen [15] days per calendar year (up to 120 hours)), the individual shall be
entitled to leave without pay until reinstated following the active service time.
Remainder of Section — No changes.
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.
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The above and foregoing Ordinance Number 2016-08 was, on motion duly made and
seconded, adopted by the following vote on the 3rd day of October, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Mike Freeman, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tem
BY:
Deputy Clerk to the Board
Julie A. Cozad
APPROVED AS TO FORM:
Barbara Kirkmeyer
County Attorney
Steve Moreno
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
August 15, 2016
August 24, 2016, in the Greeley Tribune
September 12, 2016
September 21, 2016, in the Greeley Tribune
October 3, 2016
October 12, 2016, in the Greeley Tribune
October 17, 2016
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