HomeMy WebLinkAbout20153425.tiff WELD COUNTY
CODE ORDINANCE 2015-17
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2
ADMINISTRATION, 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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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
ARTICLE III — Planning and Zoning Matters
Amend Sec. 2-3-30. Collateral for improvements.
A. General Requirements for Collateral: - No change.
B. The three (3) types of collateral listed below are acceptable to the County:
1 and 2 — No change.
3. A cash deposit made with the Board, equivalent to one hundred percent (100%) of the
value of the improvements set forth in the Improvements Agreement. In the event the
applicant is required to warranty the improvements, the applicant shall replace the
original deposit with a deposit in the amount of fifteen percent (15%) of the original
amount and those funds shall remain available to the County until released by the County
at the end of the warranty period. Material haulers may pay the cash deposit quarterly
on an agreed upon amount per ton hauled, beginning three (3) months following the start
of production.
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Remainder of Section — No change.
ARTICLE VI — Use of Motor Vehicles by County officers and employees
Amend Sec. 2-6-10. Definitions.
The definitions of this Section shall govern the construction of the policy contained in this
Article, unless the context otherwise requires:
Employees means all County employees, except incumbents of elective offices.
Pet means a domestic or tamed animal or bird kept for companionship or pleasure and
treated with care and affection, excluding dogs trained for used in law enforcement, or dogs
used to guide or care for humans.
Portable Electronic Communication Device means a cell phone, smart phone or other
device capable of communication, excluding mobile radios.
Amend Sec. 2-6-20. Care of County-owned motor vehicle.
The operator of a County-owned vehicle shall report every noted defect of the County-owned
vehicle or its operation to the County Shop in person or on the appropriate form as soon as
possible to assure proper maintenance attention.
Add Sec. 2-6-30. Assignment of County-owned vehicles.
The assignment of County-owned vehicles used to conduct County business fall into one of
the two (2) following categories: (1) take-home vehicle assignment, and (2) daily vehicle
assignment. No employee may use more than one category (i.e., an employee may not receive
a take-home vehicle and use a daily vehicle). When a conflict or question arises as to which
category is appropriate, the decision of the Board of County Commissioners will be final. Every
shall be required to an Agreement for Use
person assigned a County-owned motor vehicle qsigng
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of Assigned County-Owned Motor Vehicle, as found in Appendix 2-D.
A. Take-Home Vehicle Assignment. A take-home vehicle assignment may be provided to
those employees who have management or supervisory duties/responsibilities and are
routinely expected to respond to operational needs from the employee's residence.
(Sheriff's Office and Coroner's Office fall under this section.) These vehicles are provided
for use while commuting between a residence and a work location, in addition to using
them for business purposes during the normal workweek. Typically, these employees
occupy positions where it is impractical to implement a requirement to proceed to a central
dispatch point to obtain a County vehicle, particularly in the event of an operational
emergency. Each Elected Official or Department Head must annually, by May 15th,
submit to the Fleet Manager a listing of staff assigned to take-home vehicles, along with
justification for approval by the Board of County Commissioners.
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B. Daily Vehicle Assignment. A daily vehicle assignment may be provided for those
employees whose positions have been approved to use a County-owned vehicle. A daily
assigned vehicle may be provided to those employees whose positions routinely require
4-wheel drive or off road access, county building maintenance or delivery, county road
work, specialized equipment, community projects that require equipment or multiple
people to be transported to a job site. These vehicles must be parked during the weekend
and overnight, at a County facility. Each Department Head must annually submit to the
Fleet Manager a listing of staff assigned a daily vehicle for approval by the Board of County
Commissioners.
Amend Sec. 2-6-40. Use of County-owned motor vehicles.
The following rules shall apply to the use of County-owned motor vehicles:
A. With the exception of the circumstances described in D. below, County-owned motor
vehicles shall be used only in the conduct of County business. No County officer or
employee shall transport persons in any County-owned motor vehicle unless such
transportation is necessary in the conduct of County business.
B. All County officers and employees who operate County-owned motor vehicles must have
a valid Driver's license.
C. Under no circumstances are alcoholic beverages or controlled substances to be
consumed, used, or transported in County-owned motor vehicles, except for law
enforcement evidence. Under no circumstances are persons who have consumed
operate beverages or controlled substances allowed to p erate County-owned motor
vehicle for up to six (6) hours following consumption.
D. County officers and employees assigned take-home vehicles are authorized to drive such
vehicles to and from work. They are prohibited from using these vehicles during non-
work hours for personal use (e.g. weekends or holidays), except in response to an
operational emergency. However, because they have no other form of transportation
during the normal work hours, the following exceptions are authorized:
1. Travel to and from lunch or incidental/personal errands — pursuant to the "de minims"
usage exemptions set forth in IRS Publication 15-B, Employers Tax Guide to Fringe
Benefits.
E. County officers and employees will be authorized to park personal vehicles at County
facilities in order to pick-up daily assigned vehicles.
F. All take-home or daily assigned vehicles will be required to be marked with Weld County
logo and individual identification number, except for under-cover vehicles.
G. Operators of County-owned motor vehicles shall drive in a safe and courteous manner at
all times and in compliance with all traffic laws. Operators shall be responsible to pay
any tickets received and shall be held accountable for any damage to the vehicle due to
negligence on the part of the operator. Any and all accidents must be reported to Weld
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County Department of Human Resources within 24 hours of the accident and in
accordance with the procedures set forth in Section 2-6-50, below.
H. Only County officers and employees are allowed to drive County-owned motor vehicles,
except in the event of emergency, or they are employees of the contractor for County
Shop Operations or an agent of Weld County.
I. Seat belts must be worn at all times during the use of a County-owned motor vehicle,
including passengers who are transported via the vehicle.
J. Smoking is prohibited in all County-owned motor vehicles. If determined that smoking
has been in the vehicle, the assignment of the vehicle will be subject to revocation.
K. While driving a County-owned motor vehicle, if employees must use a Portable Electronic
Communication Device, they are required to use a"hands-free" device, or pull off the road.
L. The use of a take-home vehicle used to commute to and from work may be a taxable,
non-cash fringe benefit of $1.50 per one way per day commute ($3.00 for a round trip
commute per day), under federal tax regulations. IRS Publication 15-B, Employers Tax
Guide to Fringe Benefits should be consulted. As such, this may be included as taxable
income on employees wage and tax statements. It is the responsibility of the Elected
Official or Department Head to ensure that employees assigned take-home vehicles,
properly record the number of trips on a monthly basis. All County officers and
employees who use County-owned q
vehicles are required to adhere to all applicable local
and State and Federal tax laws.
M. The Take-Home Vehicle Use Agreement will be required to be on file with the Fleet
Manager for each County officer or employee assigned a take-home vehicle.
N. County officers and employees who are provided a take-home vehicle should not house
those vehicles outside of Weld County, even if their residences are located in other
counties. However, the Board of County Commissioners may grant exceptions to this
rule, if operational requirements necessitate.
O. All County officers and employees who use County-owned vehicles are required to adhere
to all applicable local and State traffic laws.
P. The only passengers allowed in vehicles are County officers and employees, or
passengers involved on County business. No pets are allowed at any time. Operators of
County-owned motor vehicles shall not pick up hitchhikers.
Amend Sec. 2-6-50. Seat belt use.
All drivers will wear seat belts while operating County-owned motor vehicles or when
operating personal vehicles on County business. Drivers will be responsible to ensure that all
passengers in the vehicle have fastened their seat belts while the vehicle is in motion.
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Amend Sec. 2-6-60. County-owned motor vehicle operation damage report.
The Department of Human Resources shall administer the vehicle operation damage report
program, including all forms and procedures. The driver of any County-owned motor vehicle is
responsible for completing an accident report and submitting it to the Department of Human
Resources within twenty-four (24) hours following any collision in which any damage may have
been caused or any other situation in which there was damage caused to a County-owned motor
vehicle.
Amend Sec. 2-6-70. Responsibility for County-owned motor vehicle.
When a County-owned motor vehicle is assigned to an individual for use outside working
hours, the individual to whom the vehicle is assigned shall be responsible for affording the
maximum protection practical against theft, vandalism, damage and the elements by placing such
vehicle in a garage or carport if available. The minimum of such protection shall be assurance
that such vehicle is off-street at night when not in actual use.
Amend Sec. 2-6-80. Disciplinary action for misuse of County-owned motor vehicles.
Any employee who uses a County-owned motor vehicle otherwise than for use in the conduct
of County business or in other violation of this policy shall be subject to disciplinary action pursuant
to the provisions of Chapter 3, Article Ill of this Code.
Amend Sec. 2-6-90. Liability for costs of misuse.
A County officer or employee who misuses a County-owned motor vehicle shall be liable to
the County for the actual cost proximately resulting from any misuse by him or her of such County-
owned motor vehicle.
Amend Sec. 2-6-100. Responsibility of superiors for misuse of County-owned motor
vehicles.
A superior is liable for disciplinary action and/or the actual cost of damages resulting from
any misuse by a County employee to the extent that the superior allows, directs or authorizes the
misuse of a County-owned motor vehicle.
Amend Sec. 2-6-110. Costs of misuse of County-owned motor vehicles.
A. Actual costs of misuse of a County-owned motor vehicle shall include the following:
1. Expense of operation. Expense of operation of a County-owned motor vehicle for the
distance traveled during such misuse, or where the misuse amounts to an
unreasonable deviation from the distance traveled in excess of the shortest practical
route, computed on a mileage basis in accordance with the schedule of mileage rates
established by the Board of County Commissioners for the payment of private mileage
claims of County employees.
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2. Property damage. Any and all property damage to the County-owned motor vehicle
and other County property, proximately resulting from such misuse; provided,
however, that a credit shall be allowed the County officer or employee equal to any
amount paid to the County by a third party.
3. Reimbursement to County. The amount of any judgment or claim not covered by
insurance that the County pays by reason of the death, injury or damage to persons
or property arising out of misuse of a County-owned motor vehicle, including interest
at the legal rate accruing from the time of payment by the County.
B. In no event shall these rules be construed as conferring a right of subrogation on the part
of insurance carriers for County-owned motor vehicles where no such right existed at the
time of the adoption of these rules or independently thereof. These rules are intended to
provide rules for the use of County-owned motor vehicles as between the County and its
officers and employees only, and shall not affect in any way rights and obligations of third
parties, including insurance carried for the County-owned motor vehicles.
Amend Sec. 2-6-120. Investigation, determination and collection of costs of misuse of
County-owned motor vehicles.
The department head shall in each case investigate, determine the costs attributable to
misuse (with the assistance of the County Shop Project Manager and Fleet Manager), and collect
the amount of actual costs attributed to the misuse of County-owned motor vehicles by employees
of his or her department. Money collected from the employee shall be deposited in the County
Treasury to the credit of the fund supporting operation of the vehicle which was misused.
Amend Sec. 2-6-130. Appeals.
Any County employee involved in the misuse of a County-owned motor vehicle shall be given
an opportunity to give an explanation. Such employee shall have the right within ten (10) days
after service upon him or her of a demand in writing for reimbursement of costs of misuses, to
demand a hearing before the Board of County Commissioners, pursuant to the procedures set
forth in Section 2-4-10 of this Code.
Amend Sec. 2-6-140. Maintenance.
County officers and employees who are assigned responsibility for a County vehicle shall
ensure regular maintenance by County Shop standards and safety inspections are conducted.
Additional maintenance or safety requirements for County-owned motor vehicles or equipment
may be required by the Supervisor of the County Shops, although not specifically provided for in
this Section.
Amend Sec. 2-6-150. Accidents.
In case of an accident involving a County-owned motor vehicle, the operator should
immediately notify proper law enforcement authorities, regardless of the extent of damage to the
vehicles involved.
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A. If the extent of the damage and conditions at the accident scene warrant, the operator
shall contact his or her immediate supervisor who will ask the Communications Center
to coordinate towing service through the County's fleet maintenance contractor. If the
employee's supervisor cannot be reached, contact should be made with the appropriate
Elected Official or department head or the Department of Human Resources. Should law
enforcement authorities at the scene determine a need for immediate removal of the
vehicle, they shall have the discretion to contact a private towing service.
B. No later than the next regular workday, the operator shall notify his or her immediate
supervisor (if contact was not made at the time of the accident), Elected Official or
department head of the accident and submit to the supervisor the Accident Exchange
Information Report received from the other driver at the scene of the accident. The
supervisor shall ensure that all reports and forms are accurately completed, submit them
to the Human Resources Department and then have the employee complete any injury
reports as detailed in Chapter 3, Article VIII of this Code. Failure to report an accident or
a high incidence of accidents by a driver shall result in review by the Elected Official,
department head and/or Finance Officer, who shall recommend appropriate action.
C. The supervisor shall coordinate obtaining repair estimates with the County's fleet
maintenance contractor. Repair estimates will be forwarded to the Humans Resource
Department for submission with the accident report for claim adjustment. Departments
will be assessed five hundred dollars ($500.00) for repairs exceeding that amount.
Amend Sec. 2-6-160. County equipment.
Remainder of Section — No change.
Amend Sec. 2-6-170. Two-way radio equipment.
All County-owned motor vehicles and equipment operated during emergency situations, such
as blizzards or flooding, shall be equipped with two-way radio equipment. If such equipment is
not regularly available in a vehicle, the supervisor shall request the issuance of such, on a
temporary basis, from the Communications Department, if available.
Amend Sec. 2-6-180. County-Owned Motor vehicle records check.
Applicants selected by Elected Officials or Department Heads for employment to a position
that requires driving of a County-owned motor vehicle or equipment will be required to complete
a Motor Vehicle Records Check form. The Department of Human Resources will forward the form
to the State for search of the individual's traffic record. In addition, past employers will be checked
for the applicant's driving ability and driving record. This will prevent the County from employing
high-risk individuals and thus help the County to reduce its liability exposure. The Motor Vehicle
Records Check form will be automatic for employees of Public Works, Buildings and Grounds,
Building Inspection, Planning, Health, Communications, Information Technology, Purchasing,
Human Services and all sworn personnel for the Sheriffs Office who are routinely operating
County-owned motor vehicles. All other departments should identify on the personnel requisition
form those positions that will require driving a County-owned motor vehicle so that a motor vehicle
records check may be conducted for personnel employed for those positions. It takes
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approximately two (2)weeks to complete the checks. In order not to hold up employment for those
positions, individuals employed will be required to sign a statement of understanding to the effect
that driving of County-owned motor vehicles is a requirement for the position and a poor driving
record will be grounds for dismissal as a part of the regular probation period.
Amend Sec. 2-6-190. Miscellaneous County-owned motor vehicle policies.
A. Driver's license. All drivers of County vehicles shall show proof of a valid driver's license,
of the class required for the type of vehicle driven.
B. Vehicle access. Hours of access to all vehicles in the main shop will be from 6:00 a.m. to
6:00 p.m., Monday through Friday. Special arrangements, including early departure, late
arrival and assignment of vehicles to employees whose positions require after-hours
availability of County vehicles, must be made with the appropriate department head to
utilize vehicles after working hours.
C. Centralized vehicle pool. If a vehicle assigned to a particular department is not in use by
that department's personnel, it shall be available for use by other County personnel.
Request for such use shall be made by the department head to the employee assigned
responsibility for that vehicle.
D. Exemptions. Law enforcement vehicles or emergency vehicles shall be exempt from the
provisions of this Article which, because of the nature of said vehicle usage, are not
applicable.
E. Agreement for use of soil for road purposes. Prior to the County using its equipment to
remove earth material from other than County property and easements for the construction
of County roads, the County and the owner of the property will complete an "Agreement
for Use of Soil for Road Purposes," which will include the total estimated quantity of
material to be removed; a project number; the legal description of the property; and any
other provisions agreed to by the owner and the County. Said agreement shall be
forwarded to the Clerk to the Board for inclusion in the official records of the County.
ARTICLE XII — Miscellaneous Policies
Amend Sec. 2-12-90. Use of private automobile.
Some positions require, as a condition of employment, the use of the employee's vehicle in
conducting assigned duties. Employees will be reimbursed mileage based on two cents less than
the Internal Revenue Service mileage rate. This mileage rate covers all automobile expenses
such as fuel, maintenance, towing, repairs, tires, depreciation and insurance. No reimbursement
will be made for vehicle repair costs regardless of whether it results from the traveler's act or acts
of others. In addition to the standard mileage allowance, tolls and parking fees are also
reimbursable expenses if the use of the toll way is cost effective or necessary. Weld County will
not reimburse employees for parking tickets, fines for moving violations or vehicle towing charges.
Mileage is measured from the employee's home to the destination and return, or, from the
employees Department Address to the destination and return, whichever is less. Mileage
between an employee's residence and primary place of work is not reimbursed. When two or
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more passengers travel in one private automobile on official county business only one employee
may claim reimbursement for mileage. Personal vehicles may be used in lieu of commercial
airline travel. Mileage will be reimbursed at the established current rate but reimbursement for
mileage cannot exceed the cost of coach/economy airfare.
The County is not liable for damage which may occur to the employee's vehicle while on
County business.
Add Sec. 2-12-160. Travel, lodging, meals, rental cars.
It is the policy of Weld County to reimburse staff for reasonable and necessary expenses
incurred in connection with approved travel on behalf of Weld County.
Travelers seeking reimbursement should incur the lowest reasonable travel expenses and
exercise care to avoid impropriety or the appearance of impropriety. If a circumstance arises
that is not specifically covered in this travel policy, then the most conservative course of action
should be taken.
A. Permissible prepaid travel expenses. Before the travel, Weld County may issue
prepayments for airfare, conference registration fees and cash advances. If an employee
receives a cash advance they must complete the personal expense claim to settle up the
advance within 14 day of their return. Normal procurement and payment policies will
apply.
B. Lodging (commercial). The cost of overnight lodging may be reimbursed to the traveler if
the authorized travel is over 45 miles from the traveler's home or primary worksite,
whichever is closer to the hotel. Weld County will reimburse lodging expenses at
reasonable, single occupancy or standard business/government room rates. When the
hotel or motel is the conference or convention site, reimbursement will be limited to the
conference rate. Reimbursement for lodging is for commercial lodging only.
C. Meals and incidentals (conference/training). The Weld County Home Rule Charter says
that employees will be reimbursed for actual expenses incurred while on county business.
This includes, but is not limited to, the cost of meals and incidentals incurred while
attending conferences and training according to the following rules:
1. Cost of the meal is to be reasonable.
2. Original, itemized receipts are required. If an itemized receipt is not turned in, no
reimbursement will be allowed.
3. If meals are provided as part of the conference or built into the standard hotel room
cost, reimbursement will not be allowed.
4. Copy of the conference or meeting agenda (meeting schedule) must be included with
the reimbursement request.
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5. Personal entertainment expenses, including in-flight movies, headsets, health club
facilities, hotel pay per-view movies, in-theater movies, social activities and related
incidental costs are not reimbursable.
6. Cost of"snacks" other than a meal will not be allowed.
7. No reimbursement for alcohol.
D. Meals (Single day travel). The Weld County Home Rule Charter says that employees will
be reimbursed for actual expenses incurred while on county business. This includes, but
is not limited to, the cost of meals and incidentals incurred during single day travel
according to the following rules:
1. Single day travel may be reimbursed if appropriate business protocol applies.
2. Original, itemized receipt must be turned in.
3. State on the receipt the business purpose of the meal.
4. If training course, provide copy of agenda. If meal is provided no reimbursement will
be made.
E. Accounting for savings by early arrival and/or late departure. If an officer or employee
chooses to arrive early for a conference or meeting to take advantage of reduced airfare,
the officer or employee must reconcile the standard economy airfare with the reduced
airfare, the additional hotel and meal expenses, and any other expenses that were
incurred because of early arrival. This reconciliation is to be submitted with the expense
report. If the officer or employee chooses to arrive early or stay at a location after a
conference has ended for personal reasons, the employee will not be reimbursed for hotel
or meals for the time not spent on County business. An officer or employee is allowed to
depart the day before the conference or meeting begins and stay one day after the
conference ends if the conference ends late in the day or if airlines don't accommodate
travel that day.
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
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 2015-17 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, C LORADO
•
ATTEST:WdrA , ( ;4
;itt/tl � rbara Kirkmey r, Chair
Weld County Clerk to the Board '11\4-(111.2.12.—
Mike Freeman, Pro-Tem
oi
uty Clerk the Boar. ''�
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APPROVED AS TO FORM: , ftS
`.; . G(.1.az. A. ozad
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County Attorney X jj j �� -e_ p� v't-erg
teve 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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