HomeMy WebLinkAbout20162642.tiffWELD COUNTY
CODE ORDINANCE 2016-06
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 3HUMAN 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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 X401 hours ner
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.the heal, life and disability insurance programs. The employee has no grievance
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COQ ucot.n II..CU i I u ISO v1 tsaµtcl QI Iu t t lay taut IJdr tlt: utne iii we rceilremenr rlan
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Delete I. I -.--Job share. A job share employee works part time and may participate in most
County benefits except -retirement. Job share -normally means--a-fell--time position with benefits
has ---been split so it may be shared by two -(2) people. Benefits are earned on a pro -rata basis
based on standard hours worked. Job share pr -orated accrual rates are shown in Table 3.1.
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Table 3.1
Job SharePart Time Status Example
Normal Hours Worked Per Week
Job SharePart Time Status
r
30
3932
.75.80
20
2930
750.75
24
.60
20
.50
Remainder of Section -- reletter.
Amend Sec. 3-2-110. Benefit table.
Table 3.3 describes benefits by employee type for County employees:
Table 3.3
Benefit Table by Employee Type
r
-
Full -Time
Regular
Job
. Seasonal
-- - -
Part -Time
21_39
hourslweek
Temporary or
less than 20
hours/week
Working
Retiree
20-38
hours/week
Share
Step
Progression
Yes
Yep
No
No
No
No
Health
Insurance
Yes
'Yes
Yes
Yes
No
Yes
Disability
Insurance
Yes
Yes
No
Yes
No
No
Life Insurance i
Yes
Yes
No
Yes
No
Yes
Retirement
Plan +
Yes
No
No
No
No
No
Sick Leave
Yes
'Yes
No
T
*YesNo
No
Yes
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Vacation
Yes
"Yes
No
*YesNo
No
Yes
Leave
Holiday Pay
Yes
'Yes
No
*YesNe
No
`Yes:
Personal
Yes
Yee
No
* YesNe
N o
Yes
Leave
Bereavement
Leave
Yes
No
*Yeslo
No
Yes
Grievance
Yes
Yes
No
No
No
No
Rights
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 ,11,;}17. ^ r^�; .jrr..r r:-�- rjeif -- �1- -��► ►...I-- r , ...�. ..v , v mow., vv. • .V. I tVNVV•1 �V
besides the department head or elected official, along with a member of Human Resources,
if desired, and employee may be present at tiiG t tearii ig. u c ie aeparrrnent neaa or electea
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 case. 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. JD 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 to -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 meetinghearing with the department head, elected official,
supervisor or other designee who may impose the disciplinary action., at which no other
person or representative shall be present. The employee will be informed of the incident that
led to the hearingmeeting and will be afforded the opportunity to respond to the charges. After
hearing and 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 bearingmeetinq and of the disciplinary action will be forwarded to the Human
Resources Office.
Remainder of Section - No changes.
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Amend Sec. 34-20. Dismissal procedures.
A. through B. — No changes.
C. Attendance at the ra_�r�miccal haariny is (imitad to the department hear) or elected, off' s e [,
--..-..�. �.. ..... v .., ....Vvtw. ..Vtw... .V n. i.ItVtA to LI IV WV Gil LI I IVI IL head VI GIGLaLG
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
aaTVi.:Rata I,iti Fir VI I I�iV�G+G �711G�Q1 LAO ui Iacl ii uca I cu al id a 1 CPI CDC( ILCILIYC VI 1.1 le LJtpkil LITlennL Lay
-
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.
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) calendar 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) calendar 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) calendar 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) calendar says 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) calendar days of the presentation of the grievance,
E. Step 5. Filing a formal written grieunncp _ tf tha srercielawtriiResty-ARRetiob,the department
head or elected official's answer or discipline resulting in loss of pay, or if grieving a
dismissal from employment, the ea pivyea (flay rate a• T 41: Lwwni en grievance with the
Department of Human Resources within ten (10) calendar says of receiving the
department head's cc AJPavel taffirjagt written response or dismissal from employmer it1
or discipline resulting in loss of pay. The written grievance must clearly state the
employee's side of the case dr1C7 rrrust ,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
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substantiate the facts; and a summary of the answer of the supervisor and department
head or elected official.
F. — No changes.
G. Step 7. Schethilinn the grievance hearing. The Director of Human Resources has
fifteen t1 Scalendar-c lays from receipt of the written grievance to set a grievance hearing
date and to nobly one 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) calendar cays prior
to the hearing so that the County Attorney may be prepared to represent the department
head 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) calendar cays 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.
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 paths mi t fila a written notice
of appeal with the Director of Human Resources within ten (10;1 _calendar says 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 oporminn,, tb. modification may submit a
memorandum brief, but must do so within five (5)' calendar cays 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, sthe
notice of Pf�reartl nr'rd an; r47.0r. �wrawl� zt 4►..:..s i,. i.71 n�sai-i r' ( yCommissionel s for
vv. v.• •v. •w• • ...v• � •v• ♦A..V vi I I A/1 IVs lV r.� �V Titania V� VZJCYI IL
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
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of Human Resources within ten (10) working days of theafter receipt of the appeal
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. 3-6-10. Vacation leave.
A. and B. — No changes.
Table 3.4
Annual Vacation Accrual
Continuous
Hours
Job SharePart Time
Years of
Accrued
Accrual (based on
Retired With Benefits
County Service
Monthly
weekly hours)
acGrual
t
.50
.
.75
.50
.75
.85
.95
Under 5
8
4
6
-
4
6
6.8`
7.6
5 through 9
10
5
7.5
5
7.5 1
8.5
9.5
I 10 through 19
I
12
6
9
6
9
10.2
11.4
20
_.
13.33
6.5
10
6.5
10
11.33
12.66
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 oaf f tr�e,�,� hn-urs total per calendar year of accumulated sick
leave. (Prorated for job sharepart time amployees.) For the purposes of the FMLA, the
employee's child must be under- foe 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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Table 3.5
Sick Leave Accrual Rates
Sick Accrual
._ _ ..
Hours Accrued Monthly
_.
Regular Employee
_-... .._. J
8
Job SharePart Time .75
6
Job SharePart Time .50
4
Retired with Benefits .50
t
4
Retired with Benefits .75
6
Retired with Benefits .85
6.8
Retired with Benefits .95
7.6
Remainder of Section -- No changes.
Amend Sec. 3-6-60. Personal leave.
Personal leave is a privilege granted to regular and job sharepart 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 regular employee may convert sixteen (16) hours (prorated for benefit eligible part
time employees) for example: job-sharepart time .75 may convert twelve (12) hours; job-sharepart
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 convert thirteen and six -tenths (13.6) hours, and .95
may convert fifteen and two -tenths (15.2) hours of sick leave into personal leave hours. Personal
leave time may not be carried 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 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. 3-6-70. 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 fob-eharepart time employees. All
regular and job-shar-epart 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:
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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 nrnratpci fnr benefit eligible part time employees based on their weekly hours, for example:
job sharepart time .75, six (6) hours; job sharepart time .50, four (4) hours; and retired with
'jerieii .s .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 ofr cial 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 job sharepart time employees by the department head or elected official for a period
not to exceed 24 hours (prorated for benefit eligible part time employees). Entitlement to leave of
absence under this Section shall be in addition to any other leave. For 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, i,'rantparent,
spouse's grandparent, step -grandparent, grandchild, step -grandchild, foster parent, foster child
and guardian.
Amend Sec. 3-6-110. Closure of County operations.
A. In the event the County closes everat„nns. ter facilities due to inclement weather or other
emergencies, regular and job sharepart time employees scheduled to work will be paid for
no more than an 8 hour 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.
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Remainder of Section — No changes.
Amend Sec. 3-6-140. Military leave of absence.
A. and B. — No changes.
C. If an elected off<cial!e, 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.
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:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Mike Freeman, Chair
Sean P. Conway, Pro -Tern
Julie A. Cozad
Barbara Kirkmeyer
Steve Moreno
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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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