HomeMy WebLinkAbout20153178.tiff 5MACI (71.).0./QACA_
WELD COUNTY
CODE ORDINANCE 2015-18
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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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. Initial review. New employees are on initial review status for the first twelve (12) months
of employment. The initial review status may be extended beyond the first twelve (12)
months at the supervisor's discretion. Upon satisfactory completion of the review period,
the employee will become a regular employee. Employees on an initial review, whether
for the twelve (12) months or extended initial review, may not file a grievance as described
in Section 3-4-40 of this Chapter.
B. through J. — No change.
Add K. Employee. A person who is in County service and is not working in an exempt
position as defined in Sec. 3-1-30A. of this Chapter.
Amend Sec. 3-6-10. Vacation leave.
A. and B. — No change.
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C. An employee cannot accumulate in excess of three hundred twenty (320) hours (prorated
for benefit eligible part time employees). 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 change.
Amend Sec. 3-6-20. Sick leave.
A. — No change.
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:
Table 3.5
Sick Leave Accrual Rates— No change.
C. through G. — No change.
H. An employee cannot accumulate in excess of four hundred eighty(480) hours of sick leave
(prorated for benefit eligible part time employees).
Remainder of Section — No change.
Amend Sec. 3-6-60. Personal leave.
Personal leave is a privilege granted to regular and job share 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 share .75 may convert twelve (12) hours; job share .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. — No change.
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 weekly hours, for
example: job share .75, six (6) hours; job share .50, four (4) hours; and retired with
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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 workday before
and the 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 change.
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 share 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, 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
week) — up to 120 hours (prorated for benefit eligible part time employees). An employee who
serves on a jury shall pay to the County all amounts received for the jury service. In order to be
granted leave for 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. 3-6-140. - Military leave of absence.
A. Any elected official, department head or employee who is a member of the National Guard
or reserve forces is entitled to receive up to 120 hours (prorated for part time employees)
per calendar year military leave of absence (military leave). Military leave is granted
without loss of pay, seniority, status, performance rating, vacation leave, sick leave or
other benefits for all of the time the individual is engaged in training or service as ordered
by an appropriate military authority.
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B. Upon returning to work, the elected official, department head or employee shall pay to the
County all wages received from the National Guard or reserve forces for the time spent
performing required military training or service, exclusive of any travel allowance or other
expenses paid as indicated on the military voucher. The individual has the option of
keeping his or her military pay in lieu of receiving his or her regular pay from the County
for the time during which he or she was engaged in the military training or service. If an
employee elects to keep the military pay, the County regular pay will be reduced by the
per-day rate of the military pay for each workday served, up to 120 hours (prorated for
benefit eligible part time employees). The per-day rate is determined by the amount of the
basic pay divided by the number of days served as indicated on the military pay voucher.
The employee must provide a Leave and Earnings Statement (LES) for the time period
served to determine the per-day rate and must forward a copy to the Department of Human
Resources within thirty (30) days of returning to work at the County.
C. and D. — No changes.
E. To receive regular County pay for the military leave time (up to 120 hours per calendar
year is permitted (prorated for benefit eligible part time employees), the employee must
provide orders to the Department of Human Resources prior to entering military leave.
Since orders are not typically issued for weekend duty drills, the employee is responsible
for providing the Department of Human Resources the LES for the time period in question
in order to be paid for these military days.
F. Upon returning to work, if the employee wants to be paid the wage differential, the
employee must provide a military LES for the time period which covers the use of military
leave. The documents should be sent to the Department of Human Resources within thirty
(30) days of returning to work at the County. The Department of Human Resources will
determine the amount of wages that will be paid to the employee.
The amount is calculated by factoring a per-day rate paid from the military BASE wages
only and then multiplying the county per-day rate by the number of days entered as military
leave.
Remainder of Section — No change.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Colorado Code Publishing 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
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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 2015-18 was, on motion duly made and
seconded, adopted by the following vote on the 26th day of October, A.D., 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara Kirkmeyer, Chair
Weld County Clerk to the Board
Mike Freeman, Pro-Tern
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM:
Julie A. Cozad
County Attorney
Steve Moreno
First Reading: September 14, 2015
Publication: September 23, 2015, in the Greeley Tribune
Second Reading: October 5, 2015
Publication: October 14, 2015, in the Greeley Tribune
Final Reading: October 26, 2015
Publication: November 4, 2015, in the Greeley Tribune
Effective: November 9, 2015
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