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Home My WebLink About20152995.tiff 0,1,4 cap Cheryl Hewitt From: Esther Gesick Sent: Thursday, August 20, 2015 3:51 PM To: Cheryl Hewitt Subject: FW: Changes for Chapter 3 Attachments: Leave Time Benefit changes July 2015.docx Here is another Ordinance change and Bruce said the Chapters need to be separate ordinances so we can't lump this one in with Chapter 2. Esther E. Gesick Clerk to the Board 44(AF 1150 O Street/P. O. Box 758' Greeley, CO 80632 tel: (970) 336-7215 X4226 te/Vitej ti r tre ri Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Bruce Barker Sent: Thursday, August 20, 2015 1 : 26 PM To: Esther Gesick Cc: Patti Russell; Don Warden Subject: Changes for Chapter 3 Esther: Patti has the attached changes for Chapter 3. She and I have discussed the following changes to 3-2-90 (either strike out or yellow highlight): 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 member of the County workforce. 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. J. Employee. A person who is in County service and is not working in an exempt position as defined in Sec. 3-1-30 A. of this Chapter. Thanks ! Bruce T. Barker, Esq. 2015-2995 Weld County Attorney 1 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 Persoanl Leave an employee must have a balance of 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 . (Weld County Code Ordinance 2003-4) 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 job share employees. All regular and job share 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 weekly hours, for example: job share .75, six (6) hours; job share .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 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. C. A day proclaimed a day of national/state mourning or celebration shall be treated the same as a holiday described in Subsection B above. D. The Board of County Commissioners hereby reserves to itself the authority to establish legal holidays for all County offices. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2010-8) 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 three (3) days24 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. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2014-12 ) 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 . (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2008-6) 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 fifteen ( 15) days 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. 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 fifteen ( 15} days120 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. If an elected official 's, department head 's 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), the individual shall be entitled to leave without pay until reinstated following the active service time. D. Employees who serve in the armed forces reserves that must take leave from the County due to a conflict in the department work schedule and an armed forces assignment will indicate on their time sheet the leave time as military leave. This code will be designated as unpaid leave unless proper documentation is submitted to the Department of Human Resources and Payroll . E. To receive regular County pay for the military leave time ( up to fifteen [15] days120 hours per calendar year is permitted-prorated for benefit eligible part time employees), the employee must provide orders to the Department of Human Resources and Payroll 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 and Payroll the LES for the time period in question in order to be paid for these military days. F. Upon returning to work, it the employees want to be paid the wage differintal, the employee must provide a military LES for the time period which covers the use of military leavei that had been converted from nonpayable to payable. The documents should be sent to the Department of Human Resources and Payroll within thirty (30) days of returning to work at the County. The Payroll office will determine the amount of wages that should be returned to the Countywill 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 . G . Please note that, if the orders or an authorized attendance of drill assignment email is not received by the Department of Human Resources and Payroll, then the military hours will remain unpaid and no further action is needed to supply the military LES; however, if an employee did provide the orders or authorized attendance of drill assignment email so that the military leave was paid by the County, then the military LES must be received within the thirty-day time frame following the return of the employee from the military assignment or the military leave paid by the County will all be due back to the County. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4; Weld County Code Ordinance 2012-8) Sec. 3-6-10. Vacation leave. 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. Sec. 3-6-20. Sick leave. B. All regular and job-share employees are eligible for sick leave thirty (30) days one ( 1, full pay period of employment. Sick leave is accrued from date of hire. The accrual rate is shown on Table 3 .5: H . An employee cannot accumulate in excess of four hundred eighty '480) hours of sick leave (prorated for benefit eligible part time employees). ;Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2005-14; Weld County Code Ordinance 2009-10; Weld County Code Ordinance 2010-8; Weld County Code Ordinance 2012-11; Weld County Code Ordinance 2014-12) ice‘Vtit 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 employeemember of—the County workor.e 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. Formatted: Font: Bold A. and B. — No change Formatted: Font: Bold PAGE 1 2015-[Document Number] ORD2015-18 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 thirty (30) daysone (1 ) full pay period ofafter 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 Sick Accrual I lours Accrued Monthly Regular Employee 8 Job Share .75 6 Job Share .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 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 PAGE 2 2015-[Document Number] ORD2015-18 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 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 three (3) days24 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 PAGE 3 2015-[Document Number] ORD2015-18 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 fifteen (15) days (up to 120 hours — prorated for part time employees) per calendar year military leave of absence (military /eave). 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. 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 fifteen-.(-1-5)--days120 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 fifteen (15) days120 hours per calendar year is permitted-prorated for benefit eligible part time employees), the employee must provide orders to the Department of Human Resources and Payroll 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 and Payroll 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, that had been converted from nonpayable to payable. The documents should be sent to the Department of Human Resources and Payroll within thirty (30) days of returning to work at the County. The Payroll office Department of Human Resources will determine the amount of wages that should be returned to the County-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 PAGE 4 2015-[Document Number] ORD2015-18 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 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 [Notarial Date] day of [Month], A.D., 2015. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Julie A. Cozad County Attorney Steve Moreno PAGE 5 2015-[Document Number] ORD2015-18 Publication: [Pre-Publish Date], 2015 First Reading: [First Reading], 2015 Publication: [First Publication], 2015, in the Greeley Tribune Second Reading: [Second Reading], 2015 Publication: [Second Publication], 2015, in the Greeley Tribune Final Reading: [Final Reading], 2015 Publication: [Final Publication], 2015, in the Greeley Tribune Effective: [Effective Date], 2015 PAGE 6 2015-[Document Number] ORD2015-18 Hello