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Home My WebLink About20142643.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2014-12 was introduced on first reading on August 25, 2014, and a public hearing and second reading was held on October 8, 2014. A public hearing and final reading was completed on October 29, 2014, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2014-12 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING WITH AMENDMENTS. CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY CODE EFFECTIVE DATE: November 16, 2014 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 30, 2014 PUBLISHED: November 5, 2014, in the Greeley Tribune ao/v-aW3 Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Cassie Clarken of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, Ithat the same is a daily newspaper of general circulation and printed and published in the City of Greeley,in said county and state;that the notice or advertisement,of which the annexed is a true copy, has been published in said daily newspaper for consecutive(days):that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of NOTICE OF publication of said notice, and in the newspaper FINAL.READING OF ORDINANCE proper and not in a supplement thereof; that the Pursuant to the Weld County Home Rule Charter,Ordinance Number 2014-12 was Introduced on first reading on August 25. first publication of said notice was contained in the 2014,and a public hearing and second reading was held on Fifth day of November A.D. 2014 and the last October 8,2014.A pubk hearing and final reading was,com- pleted on October 29,2014,with no change being made to the thereof: in the issue of said newspaper text of said Ordinance,and on rtrotlon dwy made and seconded, publication was adopted.Effective date of said Ordinance Is hated below. bearing the date of the Any backup material,exhibits or information previously submit- g tad to the Board of County Commissioners concerning this mat- Fifth day of November A.D. 2014 that said The ternaybe examined in the office of the Clerk to the Board of County Comm€ssioners,located within the weld County Admin- Greeley Tribune'has been published continuously meatier)Building,i 150 O Street,Greeley,Colorado,between the hours of 8:00 a.m.and 5O0 p.m.,Monday thru Friday.or maybe and uninterruptedly during the period of at least six accessed through the Weld County Web Page twww cc,weld.oh,us}.E-Mat meseages'sent to an individual months next prior to the first issue thereof Commissioner may not be included in the case file.To ensure inclusion of yourE-Mait correspondence into the case file.please contained said notice or advertisement above t)efritgaiaor4t8oW443.1c .weld.co.us. copy toag o 443.c .weld.co.us. ORDINANCE NO.zo,a-tz referred to; that said newspaper has been admitted ORDINANCE TITLE'IN THE MATTER REENACTING OF REPEALING WITH AMENDMENTS.TS.CHAPTER 3 HUMAN to the United States mails as second-class matter RESOURCES,OF THE WELD COUNTY CODE EFFECTIVE DATE:Novernuer te,2014 under the provisions of the Act of March 3,1879,or BWELD COUP COLORADONTY COMMISSIONERS any amendments thereof; and that said newspaper DATED:Trio October 30,2014 is a daily newspaper duly qualified for publishing me rrtwne November 5,2014 legal notices and advertisements within the � • _�.:02;!,,,i�% -� - meaning of the laws of the State of Colorado. November 5, 2014 Total Charges: $6.84 5th day of November 2014 My Commission Expires 6/14/2017 Notary Public ROBERT LITTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20014018494 - MY COMMISSION EXPIRES JUNE 14,2017 cu&srfi476" -.er4 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2014-12 was introduced on first reading on September 8, 2014, and a public hearing and second reading was held on October 8, 2014, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on October 29, 2014. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2014-12 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY CODE DATE OF NEXT READING: October 29, 2014, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: October 10, 2014 PUBLISHED: October 15, 2014, in the Greeley Tribune a 0/4/-„ C,13 Affidavit of Publication STATE OF COLORADO ss. County of Weld, I Cassie Clarken of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, 1 that the same is a daily newspaper of general circulation and printed and published in the City of Greeley, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive(days):that the notice was published in NOTICE OF the regular and entire issue of every number of said SECOND READING OF ORDINANCE newspaper during the period and time of Pursuant to the Weld County Home Rule Charter,Ordinance publication of said notice, and in the newspaper Number 2014-12 was introduced on lust reading an September 8,2014,and a public,*hearing end second reading was held on proper and not in a supplement thereof; that the October 8,2014,with no change being made to the text of said Ordinance.A public hearing and third reading is scheduled to be first publication of said notice was contained in the held in the Chambers of the Board,located within the Weld Fifteenth day of October A.D. 2014 and the last County Administration Building,1150 O Street,Greeley,Colo- calk, t31,on October 29.2014. All persons in any manner mtereslod in the next reading of said Ordnance are requested to publication thereof: in the issue of said newspaper attend and may be heard. bearing the date of the Please contact the Clerk to the Board's Office at phone(970) 330.7215,Extension 4225,or tax(970)352 0242,prior to the Fifteenth day of October A.D. 2014 that said The day of the hearing it,as a result of a disability,you require rea- sonable accommodations in order io participate in this hearing. Greeley Tribune has beenpublished Any backup material,exhibits or intomiatlon previously submit- continuously led to the Board of County Commissioners concerning this mat- and uninterruptedly during the period of at least six ter may be examined 1n the office of the Clerk to the Board o1 P Y County Commissioners,located within the Weld County Admin• months next prior to the first issue thereof ,suatiort Deriding.1150O Street,Greeley,Colorado,between the Flours of 8:00 a.m.and 5:00 .m.,Monday thru Friday,or may be contained said notice or advertisement above accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual referred to; that said newspaper has been admitted Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case tile,please to the United States mails as second-class matter send a copy to egesickeco.weld.co.us, ORDINANCE O. 2014-12 1 4 THE MATTER OF REPEALING ANDunder the provisions of the Act of March 3,1879,or ORDINANCE TITLE: RA TINS THE WELD WITH AMENDMENTS,C CODE CHAPTER 3 HUMAN any amendments thereof; and that said newspaper EEN DATE OF NEXT READING: October 29.2014,at 9.00 a.m. is a daily newspaper duly qualified for publishing BOARD OF COUNTY COMMISSIONERS g WELD COUNTY,COI.ORADO legal notices and advertisements within the DATED: October 10.2014 meaning of the laws of the State of Colorado. The Tr retiree October 15.2014 .. October 15, 2014 Total Charges: $8.30 1&th day of October 2014 My Commission Expires 6/14/2017 4,7-"4"a/eA‘ Notary Public ROBERT LITTLE STATE OF COLORADO MY COMMISSIONIEEX2PIRRES JUNE 14,2017 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2014-12 published below, was introduced and, on motion duly made and seconded, approved upon first reading on September 17, 2014, A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 0 Street, Greeley, Colorado 80631, on October 8, 2014. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2014-12 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 3 HUMAN RESOURCES, OF THE WELD COUNTY CODE DATE OF NEXT READING: October 8, 2014, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: September 19, 2014 PUBLISHED: September 24, 2014, in the Greeley Tribune WELD COUNTY CODE ORDINANCE 2014-12 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 °?wilt-(2443 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 ARTICLE II Employment Information Amend Sec. 3-2-10. Equal Employment Opportunity (EEO). A through B.3 - No change. 4. Any applicant who applies for a job with the County and feels there may have been illegal discrimination on the basis of race, color, religion, sex, national origin, belief, age or disability during the application/job selection process may appeal this alleged discrimination in writing to the Director of Human Resources. The Director of Human Resources will then investigate the alleged discrimination. Amend Sec. 3-2-90. Employee definitions. A through C - No change. D. Regular. A regular employee is a full-time employee who is not on an initial review or promotional/transfer review period. All personnel policies and procedures are applicable to regular employees, including grievance procedures. Regular employees may take advantage of benefits, including insurance, time off and retirement. E and F - No change. G. Temporary. A temporary employee is paid only for the hours worked. The employee is not paid for any leave time. Temporary employees have none of the grievance rights as described in this Chapter. The employee does not participate in the Retirement Plan or in any other County benefits. Remainder of Section - No change. Amend Sec. 3-2-100. Working after retirement. A through D - No change. E. Working retirees returning to work at twenty (20) hours or more per week (twenty [20] to thirty-eight [38] hours per week). "Working retiree" status is only available for those employees who are eligible to retire (age fifty-five [55]) and whose service and age, when added together at retirement, equals eighty (80) or more (example: fifty-five [55] year old individual, with twenty- five [25] years of service). Other rules and restrictions applying to working retirees working twenty (20) to thirty-eight (38) hours per week shall include the following: 1 and 2 - No change. 3. With the exception of certain Public Works positions, compensatory time will be paid out upon termination; working retirees are not eligible for compensatory time, overtime will be paid out as earned. Public Works employees who are qualified for compensatory time prior to becoming working retirees will still be eligible. 4. Working retirees have a two-year cap, meaning that they will only be allowed to participate in the working retiree program for a maximum of two (2) years. Waivers of the two-year cap may be granted by the Board of County Commissioners for employees who are Grade 55 or above, or because of their specialized skills, experience or education, are determined by the Board to be desirable for continued employment. Prior to employment with Weld County post-retirement, each working retiree shall be required to sign an at-will employment contract. Such contracts shall be reviewed annually during the budget process for consideration in the next year's budget. 5. No working retiree may work more than a total of one thousand nine hundred seventy-six (1,976) hours annually, January to January. 6. Working retirees who are working twenty (20) hours per week or more under agreements signed prior to July 6, 2010, shall be grandfathered to continue in the program without meeting the above "Rule of 80" and will continue at the same Grade/Step they are currently; however, all other rules set forth above shall apply, meaning the following rules shall apply to them: a. Same Grade/Step as of July 6, 2010. b. Not eligible for further Step increases. c. Not eligible for further promotions. d. Return to new employee benefit accruals. e. With the exception of certain Public Works positions, compensatory time compensatory eligible com will be paid out upon termination; working retiree not eli g p ry time, overtime will be paid out as earned. Public Works employees who are qualified for compensatory time prior to becoming working retirees will still be eligible. f. Working retirees have a two-year cap, meaning that they will only be allowed to partici-pate in the working retiree program for a maximum of two (2) years. Waivers to the two-year cap may be granted by the Board of County Commissioners for employees who are Grade 55 or above, or because of their specialized skills, experience or education, are determined by the Board to be desirable for continued employment. Prior to employment with Weld County post- retirement, each working retiree shall be required to sign an at-will employment contract. Such contracts shall be reviewed annually during the budget process for consideration in the next year's budget. Amend Sec. 3-2-110. Benefit table. Table 3.3 describes benefits by employee type for County employees: Temporary or Working Full-Time Part-Time 20-✓oh Share Seasonal less than 20 Retiree 20-38 Regular 39 hours/week hours/week hours/week Step Yes Yes No ^No --No No Progression Health Yes -Yes -Yes -Yes No -Yes Insurance Disability Yes Yes No Yes No No Insurance Life Yes Yes No Yes No Yes Insurance Retirement Yes No No No No No Plan . Sick Leave Yes -Yes No No No -Yes Vacation Yes -Yes No No No -Yes Leave Holiday Pay Yes -Yes No No No -Yes Personal Yes -Yes No No No -Yes Leave Bereavement Yes •Yes No No No -Yes Leave 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. ARTICLE III Standards of Conduct Amend Sec. 3-3-40. Searches. The County reserves the right to conduct, at any time without notice, a search or inspection of the employee's workplace to discover evidence of the suspected wrongdoing. The search or inspection may include, without limitation, offices, lockers, desks, personal computer files, cabinets, file drawers, packages, envelopes and County vehicles (or personal vehicles when used to conduct County business). Because of this, employees should not bring into the workplace highly personal items. Any evidence of wrongdoing discovered in the course of the search or inspection may be confiscated by the County and turned over to law enforcement representatives, if appropriate. Amend Sec. 3-3-110. Appearance/dress. A - No change. B. Employees working in an office environment with public contact are only authorized to wear blue denim jeans (blue jeans), with a collared shirt displaying the Weld County logo, to work on Fridays, with the approval of their Department Head/Elected Official. Jeans must be professional looking, without holes, frays, fading, etc. Shorts are not authorized to be worn by any County employees while at work. If uniforms are provided, employees may be required to wear them. Certain jobs in the County have specific safety requirements, such as hard hats and steel-toed shoes. Remainder of Section - No change. ARTICLE IV Discipline and Grievance Amend Sec. 3-4-20. Dismissal procedures. A. No dismissal shall be made unless the employee is given a pre-dismissal hearing. These procedures apply to regular employees only. The Department Head has the ability to conduct a pre-dismissal hearing in extenuating circumstances for non-regular employees as defined in Section 3-2-90. Pre-dismissal hearing for non-regular employees shall have no effect on grievance rights as defined in Section 3-2-90. The employee should receive written notification of the following: (1) the reason for the possible dismissal; and (2) the time, date and place of the scheduled pre-dismissal hearing. Remainder of Section - No change. Amend Sec. 34-60. Grievance procedure. The employee grievance procedure is as follows: A through E - No change. F. Step 6. Reconciliation. The Director of Human Resources may attempt to reconcile the differences. If the Director of Human Resources is administering the discipline, the Director of General Services will attempt reconciliation. If reconciliation is undertaken and it is not successful, a grievance hearing will be scheduled. Remainder of Section - No change. Amend Sec. 34-70. Grievance hearing. A through B.3 - No change. C. Postponements and extensions. Postponements of hearings and extensions of time of hearings may be requested by either party or his or her designated agent. However, the granting of such postponements or extensions shall be made only upon the showing of good cause and is at the discretion of the Director of Human Resources. Postponements or extensions will not exceed two (2) weeks, unless there are extraordinary circumstances. D. Procedure and evidence. The hearing shall be conducted informally and shall not be subject to strict judicial or technical rules of procedure. A wide latitude in the manner of presenting the respective positions should be afforded the parties. The grievance hearing pursuant to these rules shall not be a hearing under the Administrative Procedures Act or an arbitration which may be subject to the rules of the American Arbitration Society. 1. Each party shall, prior to or during the hearing, be entitled to submit memoranda concerning any matters being considered by the Grievance Board. Such memoranda shall become a part of the hearing record. 2. The Grievance Board may exclude unduly repetitious evidence. 3. The Grievance Board may consider all relevant evidence. 4. Both parties may call witnesses to testify on their behalf and present evidence which is relevant. The grieving party's main personnel file shall automatically become a part of the hearing record. The Grievance Board shall not be permitted to consider any portion of any other employee's personnel file without a signed and notarized consent from said employee included in the documentation being considered. 5. The Grievance Board shall establish the time limit of 180 minutes each to the employee and the Department Head, for the full presentation of their cases, to include opening and closing statements, presentation of evidence and argument, questioning P 9 and cross examining of all witnesses/employees. The Grievance Board may extend this time for presentation of evidence and argument if necessary in light of circumstances that could not reasonably be anticipated. 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 days 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. 7. Any attorney who represents a grieving employee shall be paid by the employee. In no event shall the County be obligated to pay the grieving employee's attorney fees or any costs incurred by the employee in the course of the grievance hearing process. 8. Any County employee who is requested by either party to testify at the hearing must comply with the request. Failure to appear and testify upon request will subject the PY q PP employee to disciplinary action. 9. The Grievance Board members shall not conduct their own pre-hearing investigations or talk with the department head, elected official or any other persons connected with the case about the facts of the case. Discussions, if any, prior to the hearing shall be limited to discussions with the Director of Human Resources as to procedural matters and the method of conducting the hearing. E. Burden of proof. The grieving employee will have the burden of going forward to establish a prima facie case regarding his or her grievance. Prima facie means sufficient evidence to prevail until overcome by other evidence. The department head or elected official shall then have the burden of persuading the Grievance Board of his or her position by a preponderance of evidence. Preponderance of the evidence is defined as that evidence which is most convincing and satisfying in the controversy between the parties, regardless of which party may have produced such evidence. Colorado Civil Jury Instructions 2d, Section 3:1(4). F. Standard of Review. The Grievance Board shall determine whether the department head's decision to discipline the employee was an abuse of discretion. An abuse of discretion occurs when the department head has failed to exercise sound, reasonable, and legal decision- making, or the disciplinary decision is unsupported by the evidence. The Grievance Board shall not substitute its own decision for that of the department head. G. Record of hearing. A record of the hearing shall be kept by an electronic recording unit. Either party may request the use of a court reporter instead of or in addition to the electronic recording unit. The requesting party shall pay for all costs associated with using the court reporter. H. Decision of the Grievance Board. 1. The Grievance Board shall determine whether the department head's decision to discipline the employee was an abuse of discretion. if the Grievance Board determines that the department head did not abuse his or her discretion, it shall dismiss the appeal. If the Grievance Board determines that the department head abused his or her discretion, it shall recommend an appropriate remedy. The Grievance Board may recommend that the employee be reinstated, demoted, suspended, reprimanded, warned, or any combination of these actions. 2. The Grievance Board shall not formulate any policies or procedures, but may interpret policies and procedures set forth in this Chapter. The Grievance Board shall defer to the department head's reasonable interpretation of departmental policy and procedures. The Grievance Board shall not fashion any binding remedy, but may suggest remedies to department heads or elected officials. A majority vote of the Grievance Board shall represent the official recommendation of the Grievance Board. 3. Upon completion of the grievance process and within ten (10) calendar 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. 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) calendar 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) calendar days of receiving the notice of appeal. Any such memorandum brief shall not exceed five (5) pages in length. J. Review of appeal. Remainder of Section - No change. ARTICLE V Termination of Employment Amend Sec. 3-5-20. Resignation or retirement. A and B - No change. C. All regular County employees who terminate employment for any reason must return the County picture ID card, keys, and any other County property. D. Final paychecks for terminating employees will be issued twice a month; the second Tuesday of the month and again during the normal payroll processing period for the month. If the final check is issued during the normal payroll processing period, the pay check will be automatically deposited in to a bank account on the last working day of the month. If the final check is issued on the second Tuesday of the month, the check will be mailed to the employee's current address or, upon request, may be picked up in the Department of Human Resources after 4:30 p.m. on the day the check is issued. ARTICLE VI Leave Time Benefits Amend Sec. 3-6-20. Sick leave. A through C - No change. D. An employee is to report his or her absence daily directly to his or her supervisor within one (1) hour prior to the employee's regular starting time. Failure to report may be considered cause for denial of paid sick leave for the period of absence unless the employee furnishes an acceptable explanation. Not calling in and obtaining an approved absence for three (3) days is considered abandonment of job and may result in termination. E through G - No change. H. An employee cannot accumulate in excess of four hundred eighty (480) hours of sick leave. Delete Sec. 3-6-40. Short-term disability. Amend Sec. 3-6-50. Family and medical leave policy. A through R - No change. S. Employees who need to apply for FMLA coverage must contact the FMLA vendor to obtain the necessary forms. Employees are responsible for having a medical certification completed by their provider and returned directly to the FMLA vendor by the due date. If the medical certification form is not received by the deadline, there may be a delay in the commencement of leave until certification is received or the FMLA vendor may deny the request. 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) days. 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. 3-6-90. Leave of absence without pay. A through A.4 - No change. B. The maximum length of such leave of absence will be ninety (90) days. Time taken off for other leaves of absence or any paid leave shall be included as part of the ninety-day maximum. This leave may be extended only with approval of the Board of County Commissioners and then only upon written application giving compelling reasons. If an extended leave is approved, all accrued vacation will be paid out at the time of approval. Upon return from the leave, an employee will have the normal waiting period for benefits to begin. If an employee does not return to work on or before the agreed-upon date or come to an agreement with management on an extension, the employee will be terminated. 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 job share employees scheduled to work will be paid for no more than an 8 hour day. Part-time employees will be paid their normal hours if they are at work when the closure occurs; if the County closes prior to their arrival they will not receive County closure pay. 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 change. Amend Sec. 3-6-150. Clinic time. A. Paid "clinic time" will be allotted to County employees who are enrolled in a County Health Plan ("eligible employees") to use for visits to the Weld County Employee Medical Clinic ("the clinic"). Eligible employees will be allotted a certain number of paid visits to the clinic during scheduled work hours, per calendar year, for personal healthcare, instead of being required to use their accrued leave. There is a maximum of three (3) hours allowed per visit. Employees attending appointments at the clinic with dependents will be required to use applicable accrued leave or schedule the visit during nonworking hours. Eligible employees will be allotted paid time for visits to the clinic. An annual allotment of paid visits for each eligible employee will be made in December of each year for use during the subsequent year. The employee can contact the Department of Human Resources for the current annual allotment of paid visits. B. Use of clinic time will be tracked by the eligible employee in PeopleSoft's Time and Labor System. After an eligible employee exhausts his or her annual allotment of paid visits, any subsequent visit to the Clinic during working hours shall be considered sick leave. If the employee has no sick leave or other applicable accrued leave, then leave without pay is to be used, if approved by the supervisor. Unused visits will expire on December 31 of each year and will not be carried over into the next year. Employees are encouraged to visit the clinic anytime during nonworking hours. It is the employee's responsibility to enter their Clinic Time to their timesheet, and the supervisor's responsibility to track this time. ARTICLE VIII Health and Safety Amend Sec. 3-8-20. Reporting of injuries. A through D - No change. E. While an employee is on workers' compensation leave, with the exception of up to twenty-four (24) hours or the first three shifts, the employee may not use sick or vacation leave or comp time. Remainder of Section - No change. ARTICLE X Pay Practices Amend Sec. 3-10-70. Position audit and reclassification. A through E - No changes. F. An analysis and recommendation to the Board of County Commissioners will then be made. The Director of Human Resources, department head or elected official and the Director of Finance will have an opportunity to make comments and recommendations to the Board. The Board of County Commissioners will review this information and make a decision. Remainder of Section - No change. Amend Sec. 3-10-120. Mechanics of the pay system. A. New hires should begin at the entry level step for the classification. Exceptions to this must be approved by the Director of Human Resources and requires justification that the individual exceeds the minimum standards for the classification as established by the class description and specifications, as well as having an increased level of experience. The department head or elected official must submit the justification to the Department of Human Resources to request approval to hire beyond step one of the classification. This request must document the fact that the applicant's training and experience warrants the higher pay level. No commitment to hire at other than the entry level should be made to an applicant without written approval from the Department of Human Resources. The practice of hiring at other than entry level is limited. B. Performance evaluation dates and pay step dates should be made to coincide with pay periods. That is, for most employees it would be the sixteenth of the month. C. Promotions and reclassifications. 1. When a County employee is promoted to a higher level classification in the same classification series, the employee will be placed at the entry level step for the classification. Promotions will ensure a minimum of five percent (5%) in pay increase. In the event the promotion in the classification series is less than five percent (5%), the employee shall be placed at the step which provides a minimum increase of five percent (5%). A six-month promotional review period shall exist for the employee in all cases of promotion. 2. Employees who are promoted and, due to the five-percent-increase rule, are placed outside of the current pay table range for that classification will receive only the initial pay increase of five percent (5%). They will then be placed in the grandfathered category and treated as such. 3. When a position is determined to be misclassified and is changed to a higher classification, the incumbent employee must qualify for the higher level position within one (1) year. The incumbent employee will be placed in the new pay grade at their current step and step date. Remainder of Section - No change. ARTICLE XII Payroll Amend Sec. 3-12-30. Procedure to correct payroll errors. A. When an error in pay is identified by either the department head or elected official or the employee, notification should be made to the Accounting Department or Human Resources immediately so corrections may be made. It is the responsibility of the Accounting Department, the department head or elected official and the employee to review pay information monthly to assure accuracy and to report errors in a timely manner. B. If any error that results in an underpayment is from time not being entered in the system by the employee, the additional pay will be processed with the next regular payday. C. If an error results in an underpayment, and is anything other than employee error, a separate check will be processed on the second Tuesday of the month or the next regular payday, whichever is first. D. All overpayments discovered will result in a collection action for the total amount. ARTICLE XIII Implementation of Federal Transit Administration Regulations on Drug Use and Alcohol Misuse Amend Sec. 3-13-50. Testing for controlled substances. A. Drug testing of safety-sensitive employees authorized by FTA regulations is limited to Marijuana metabolites / THC, Cocaine metabolites, Phencyclidine (PCP), Amphetamines, Methamphetamine, and Methylenedioxymethamphetamine (MDMA), Opiate metabolites (Codeine, Morphine, and Heroin) B. While drug testing by the County normally will be limited to the substances listed above, the County reserves the right, pursuant to its policy and its own authority, to require employees to provide separate specimens for testing for other controlled substances, as permitted by law. The County reserves the right, pursuant to its policy and its own authority, as permitted by law, to perform drug tests of applicants or non- safety-sensitive employees using the same procedures FTA requires for testing safety- sensitive employees. Amend Sec. 3-13-210. Contact person. FTA regulations require that a single contact person be identified to answer questions about this policy. For the purposes of this policy, the contact person will be the County Drug and Alcohol Testing Program Administrator at the Weld County Department of Human Resources1150 O Street, Greeley, Colorado 80631, who may be reached at (970) 356-4000, Ext. 4234. Copies of relevant regulations also are available at the Department of Human Resources. ARTICLE XIV Implementation of Federal Motor Carrier Safety Administration Regulations on Drug Use and Alcohol Misuse Amend Sec. 3-14-30. Prohibited conduct. A - No change. B. Controlled substances. 1. Pursuant to County policy, any driver who manufactures, distributes, dispenses, processes, sells, attempts to sell or arranges to sell a controlled substance to any other person, whether on or off County property, whether on or off duty, shall be subject to discipline up to and including discharge. 2. As referred to in this policy, a controlled substance or prohibited drug means marijuana, cocaine, opiates (opium and codeine derivatives), amphetamines and methamphetamines or phencyclidine (PCP). FMCSA regulations prohibit the performance of safety-sensitive functions when a prohibited level of any of the five (5) specified drugs is detectable in the driver's urine. 3. An employee will not be allowed to perform or continue to perform safety- sensitive functions if the County has actual knowledge that the employee was using controlled substances at any time or alcohol during the performance of a safety-sensitive duty or four (4) hours prior to reporting to duty for a covered position. Amend Sec. 3-14-50. Testing for controlled substances. A. Drug testing of drivers who perform safety-sensitive functions is limited to the following substances: 1. Marijuana. 2. Cocaine. 3. Amphetamines and methamphetamines. 4. Opiates (e.g., heroin, codeine). 5. Phencyclidine (PCP). Remainder of Section - No change. Amend Sec. 3-14-210. Contact person. FMCSA regulations require that a single contact person be identified to answer questions about this policy. For the purposes of this policy, the contact person will be the Designated Employer Representative, the Drug and Alcohol Testing Program Administrator at the Weld County Department of Human Resources, 1150 O Street, Greeley, Colorado 80631, who may be reached at (970) 356-4000, Ext. 4234. Copies of relevant regulations also are available at the Department of Human Resources. ARTICLE XV HIPAA Policies and Procedures Amend Sec. 3-15-30. Privacy Officer and Privacy Policy. A. The HIPAA Privacy Officer ("Privacy Officer") shall be the Director of Human Resources or in his or her absence, the Human Resources Risk Manager. The Privacy Officer's primary responsibilities include: Remainder of Section - No change. Amend APPENDIX 3-A - ATTACHED "-- 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. NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter.Ordinance Number 2014-12 pub- lished below was introduced and.on motion duly made and seconded.approved upon first reading on September I7.2014 A public nearing arid second reading is scheduled to be held in the Chambers of the Board.located within the Weld County 5. No working retiree may work more than a total of one thousand nine hundred Administration Building. 1150 0 Street.Greeley.Colorado 50631.on October 8. seventy-six(1,976)hours annually.January to January 2014 All persons in any manner Interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office 6 Working retirees who are working twenty(201 hours per week or more under at phone(970)3367215.Extension 4225,or fax(970)352-0242,prior to the day of agreements signed prior to July 6,2010,shall be grandfathered to continue in the the hearing if,as the result of a disability.yourequire reasonable accommodations program without meeting the above"Rule of 80"and will continue at the same Grade/ in order to participate in this hearing Any backup material.exhibits or uttormation Step they are currently'however.all other rules set forth above shall apply,meaning previously submitted to the Board of County Commissioners concerning this matter the following rules shall apply to them: may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building.1 150 0 Street-Greeley a Same Grade/Step as of July 6.2010. Colorado between the hours of 890 a m and 5:00 p m..Monday thru Friday.or may be accessed through the Weld Courtly Web Page(www co weld.co us). E-Mail mem b Not eligible for further Step increases. sages sent to an individual Commissioner may not be included in the case tile. To ensure inclusion of your E-Mail correspondence into the case file.please send a copy c Not eligible tor further promotions. to egesick @lco.weldco.us ORDINANCE NO 2014-12 d Return to new employee benefit accruals. ORDINANCE TITLE. IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS.CHAPTER 3 HUMAN RESOURCES.OF THE WELD COUNTY e With the exception of certain Public Works positions,compensatory time will be CODE paid out upon termination;working retiree not eligible for compensatory time,overtime DATE OF NEXT READING. October 8,2014.at 9:00 a ni will he paid out as earned Public Works employees who are qualified for compensa- tory time prior to becoming working retirees will still be eligible. BOARD OF COUNTY COMMISSIONERS WELD COUNTY COLORADO I Working retirees have a two-year cap,meaning that they will only be allowed to partici-pate in the working retiree program for a maximum of two(2)years.Waivers to DATED September 19.2014 the two-year cap may be granted by the Board of County Commissioners for employ- PUBLISHED. September 24.2014 in the Greeley Tribune ees who are Grade 55 or above or because of their specialized skills,experience or education.are determined by the Board to be desirable for continued employment. Prior to employment with Weld County post-retirement each working retiree shall WELD COUNTY be required to sign an at-will employment contract.Such contracts shall be reviewed CODE ORDINANCE 2014-12 annually during the budget process for consideration in the next year's budget. IN THE MATTER OF REPEALING AND REENACTING,WITH AMENDMENTS, Amend Sec.3-2-110.Benefit table. CHAPTER 3 HUMAN RESOURCES,OF THE WELD COUNTY CODE Table 3 3 describes benefits by employee type for County employees. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,STATE OF COLORADO'. TFulf-Time pob -Seasonal Pad-Time ITemporeiy Tyyonking -- WHEREAS,the Board of County Commissioners of the County of Weld,State of Regular (Share 20-38 or less than 'Retiree 20- Colorado.pursuant to Colorado statute and the Weld County Home Rule Charter.is hours/week 20 hours/ 38 hours) vested with the authority of administering the affairs or Weld Counly Colorado,and -- - - - week eek-. yep Progression Yes TVes No "No _ "No No iHealth_Insurance)Ves_ ('Yes Yes `'Yes _ No 'Yes_ -WHEREAS,the Board of County Commissioners.on December 28.2000.adopted ( T -- i -- Weld County Code Ordinance 20004.enacting a comprehensive Code for the County it gun[Disability (Yes 'Yes No (Yes No NN of Weld.including the codification of all previously adopted ordinances of a general Je Insur Lie Iemennce 'Yes - Yes No Yes No Nos and permanent nature enacted on of before said date of adoption.and etiremenf -.Ves No �No 'Nc No - No WHEREAS.the Weld County Code is in need of revision and clarification with regard Plek Leave 4Y es 'Ygs N Nc No - es to procedures,terms.and requirements therein acation Leave yes _'Ves N No No 'Yes R y Pay Yes "Yee No No Ns 'V NOW.THEREFORE,BE IT ORDAINED by the Board of County Commissioners of Personal Leave Yes 'Yes No _ INo �No _ 'V es the County of Weld.State of Colorado,that certain existing Chapters of the Weld Bereavement Yes `Yes No No No 'Yes County Code be.and hereby are repealed and re-enacted,with amendments,and Leave the various Chapters are revised to read as follows. iGrievarce Ri Ms Yes The 'Nq No INo_ No CHAPTER 3 'Prorated.An employee must consistently work 20 hours or more per week to receive HUMAN RESOURCES a prorated health insurance benefit. .All employees of the Department of Public Heats and Environment will be members ARTICLE II of PERA. Ernployment Information ARTICLE III Amend Sec 3-2-10. Equal Employment Opportunity(EEOy Standardsof Conduct A through B.3-No change. Amend Sec.33-40.Searches. J Arty applicant whir applies 4v a lob with the Counly and seals thew may have The County reserves the right to conduct,at any time without notice,a Search uoen illegal discrimination on the basis of race.color rtly amt,sax.national origin. wrongdoing. inspection of the employee's workplace to discover evidence of the suspected helmet.age or disability during tl e eppkcatiormob selection process may appeal this wrongdoing.The search or inspection may include,without limitation,offices,lock- alleged oiswm afo writing torte Director of Hi P- ��r The Direc•o,of ers,ddesks,personal computer files,cabinets,file drawers,packages,envelopes tit,Han Resources wilt 1ne n wua rhie Li,eueyeu arse nFi 'mi-i and County vehicles(or personal vehicles when used to conduct County business). Because of this employees should not bring into the workplace highly personal items. Amend Sec.32-9(l Em •' Any evidence of wrongdoing discovered in the course of the search or inspection may Impugn C-No change be confiscated by the County and fumed over to law enforcement representatives,if appropriate D Regular.A regular employee is a full-time employee who rs nut on an initial Amend Sec 3-3-110.Appearance/dress. review or promotional/transfer review period.All personnel policies and procedures are applicable to regular employees including grievance procedures.Regular employ- A-No change. ees may take advantage of benefits including insurance,time off and retirement. E and F-No change. B. Employees working in an office environment with public contact are only autho- rized to wear blue denim jeans(blue jeans),with a collared shirt displaying the Weld G. Temporary.A temporary employee is pale only for the hours worked The County logo,to work on Fridays,with the approval of their Department Head/Elected employee is not paid for any leave time Temporary employees have none of the O not.Jeans must be professional looking,without holes,frays,fading,etc.Shorts grievance rights as described in this Chapter.The employee does not panicrpate in are not authorized to be worn by any County employees while at work.If uniforms are the Retirement Plan or in any other County Chapter The provided employees may be required to wear them.Certain lobs in the County have specific safety requirements,such as hard hats and steel-toed shoes. Remainder of Section No change Remainder of Section-No change. Amend Sec.3-2-100.Working after retirement. ARTICLE IV A through D-No change. Discipline and Grievance E Working retirees returning to work at twenty(20)hours or more per week Amend Sec 3-4-20.Dismissal procedures. (twenty(20)to thirty-eight 1381 hours per week).'Working retiree'status is only avail- A. No tlismissal shall be made unless the employee able for those employees who are eigible to retire(age fifty-bye(55))and whosep oyee is given a pre-dismissal service and age,when added together at retirement,equals eighty(80)or more hearing.These procedures apply to regular employees only.The Department Head (example'.tiny-five 1551 year old individual with twenty-five[251 years of service). has the ability to conduct a pre-dismissal hearing in extenuating circumstances for Other rules and restrictions applying to working retirees working twenty 120)to thirty- non-regular employees as defined in Section 3-2-90. Pre-dismissal hearing for non- eight(38)hours per week shall include the following: regular employees shall have no effect on grievance rights as defined in Section 3-2- 90 The employee should receive written notification of the following:(1)the reason I and 2-No change. for the possible dismissal;and(2)the time,date and place of the scheduled pre-dis- missal hearing. 3 With the exception of certain Public Works positions.compensatory time will Remainder of Section-No chart e be paid out upon termination,working retirees are not eligible for compensatory time. B overtime will be paid out as earned Public Works employees who are qualified for compensatory time prior to becoming working retirees will still be eligible. 4 Working retirees have a two-year cap.meaning that they will only be allowed to participate in the working retiree program for a maximum of two(2)years Waivers of the two-year cap may be granted by the Board of County Commissioners for employ- ees who are Grade 55 or above.or because of their specialized skills,experience or education,are determined by the Board to be desirable for continued employment. Prior to employment with Weld County post-retirement.each working retiree shall he required to sign an at-will employment contract.Such contracts shall be reviewed annually during the budget process for consideration in the next year's budget. / 011)3 Amend Sec.3-4.60.Grievance procedure. 3. Upon completion of the grievance process and within ten(10)calendar days of The employee grievance procedure is as follows 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 distnbuted to the grieving employee, A th tugh E-No change. the grieving employee's supervisor and department head or elected official and the Department of Human Resources. F. Step 6 Reconciliation.The Director of Human Resources may attempt to reconcile the differences.If the Director of Human Resources is administering the 4 The Grievance Board's decision is final,unless timely appeal is made to the discipline.the Director of General Services will attempt reconciliation.If reconciliation Board of County Commissioners as indicated below. is undertaken and it is not successful,a grievance hearing will be scheduled. Remainder of Section-No than I. Appeal.Any parry who seeks to modify the decision of the Grievance Board 9e. may appeal the'natter 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 Amend Sec.3-4-70 Grievance hearing. (10)calendar days of receiving Inc Grievance Board's decision.The notice of appeal A through B 3-No change 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 C. Postponements and extensions.Postponements of hearings and extensions opposing the modification may submit a memorandum brief,but must do so within five of lime of hearings may be requested oy either party or his or her designated agent. (5)calendar days of receiving the notice of appeal.Any such memorandum brief shall However,the granting of such postponements or extensions shall be made only not exceed five(5)pages in length. upon the showing of good cause and is at the discretion of the Director of Human Resources Postponements or extensions will not exceed two(2)weeks.unless there J. Review of appeal are extraordinary circumstances Remainder of Section-No change. 0 Procedure and evidence.The hearing shall be conducted informally and shall not be subject to strict judicial or technical rules of procedure.A wide latitude ARTICLE V in the manner of presenting the respective positions should be afforded the par- Termination of Employment ties.The grievance hearing pursuant to these rules shall not be a hearing under the Administrative Procedures Act or an arbitration which may be subject to the rules of Amend Sec.3-5-20 Resignation or retirement. the American Arbitration Society. A and B-No change. I. Each party shall,prim to or during the hearing,be entitled to submit memo- C. All regular County employees who terminate employment for any reason must rands concerning any matters being considered by the Grievance Board Such memo- return the County picture ID card,keys,and any other County property. cantle shall become a part of the hearing record. D. Final paychecks for terminating employees will be issued twice a month;the 2 The Grievance Board may exclude unduly repetitious evidence. second Tuesday of the month and again during the normal payroll processing period for the month.If the final check is issued during the normal payroll processing period, 3 The Grievance Board may consider all relevant evidence. the pay check will be automatically deposited in to a bank account on the last working day of the month.If the final check is issued on the second Tuesday of the month, 4. Both parties may call witnesses to testify on their behalf and present evidence the check will be mailed to the employee's current address or,upon request,may which is relevant.The grieving party's main personnel file shall automatically become be picked up in the Department of Human Resources after 430 p.m.on the day the a part of the hearing record. The Grievance Board shall not be permitted to consider check is issued. any portion of any otner employee s personnel file without a signed and notarized consent from said employee included in the documentation being considered. ARTICLE VI Leave Time Benefits 5. . The Grievance Board shall establish the time limit of 180 minutes each to the employee end the Department Head,for the full presentation of their cases,to include Amend Sec.3-6-20.Sick leave. opening and closing statements.presentation of evidence and argument,questioning A through C-No change. and cross exartaning of all wimessesremployees. The Grievance Board may extend this time for presentation of evidence and argument if necessary in light of circum- D. An employee is to report his or her absence daily directly to his or her supervi- stances that could not reasonably he anticipated. sor within one(1)hour prior to the employee's regular starting time.Failure to report may be considered cause for denial of paid sick leave for the period of absence 6. In the event an employee is represented by an attorney,notice of such repre- unless the employee furnishes an acceptable explanation.Not calling in and obtaining sentation must be submitted to the Human Resources Off ice at least five(5)calendar an approved absence for three(3)days is considered abandonment of job and may days prior to the hearing so that the County Attorney may be prepared to represent result in termination. 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 repre- E through G-No change. sent the employee. H. An employee cannot accumulate in excess of four hundred eighty(480)hours 7 Any attorney who represents a grieving employee shall be paid by the employ- of sick leave. • ee.In no event shall the County be obligated to pay the grieving employee's attorney fees or any costs incurred by the employee in the course of the grievance hearing Delete Sec.3-6-40.Short-term disability. process • Amend Sec.3-6-50.Family and medical leave policy. 8 Any Courtly employee who is requested by either party to testify at the hearing A through R-No change. must comply with the request.Failure to appear and testify upon request will subject the employee to disciplinary action. S. Employees who need to apply for FMLA coverage must contact the FMLA vendor to obtain the necessary forms. Employees are responsible for having a medi- 9. The Grievance Board members shall not conduct their own pre-hearing cal certification completed by their provider and returned directly to the FMLA vendor investigations or talk with the department head,elected official or any other persons by the due date.If the medical certification form is not received by the deadline,there 3f1ineeleu'etrITtie case about the facts of the case.Discussions,if any.prior to the may be a delay in the commencement of leave until certification is received or the hearing shall be limited to discussions with the Director of Human Resources as to FMLA vendor may deny the request. procedural'netters and the method of conducting the hearing. Amend Sec 3-6-80.Bereavement leave. E. Burden of proot The grieving employee will have the burden of going forward Leave of absence with pay because of death in the immediate family may be to establish a prime facie case regarding his or her grievance.Prima facie means granted to regular and joh share employees by the depanment head or elected official sufficient evidence to prevail until overcome by other evidence.The department head for a period not to exceed three(3)days.Entitlement to leave of absence under this or elected official shall then have the burden of persuading the Grievance Board of Section shall be in addition to any other leave.For purposes of this Section,immedi- his or her position by a preponderance of evidence.Preponderance of the evidence ate family means,spouse,child,parent,stepparent,stepchild,sibling,half-sibling, is defined as that evidence which is most convincing and satisfying in the controversy other-in--aw,father-in-law,son-in-law,daughter-in-law,sister-in-law,brother-in-law, between the parties,regardless of which party may have produced such evidence grandparent,spouses grandparent,step-grandparent,grandchild,step-grandchild, Colorado C vil Jury Instructions 2d Section 3'.1(4). foster parent,foster child and guardian. F. Standard of Review. The Grievance Board shall determine whether the depart- Amend Sec.3-6-90.Leave of absence without pay. ment head's decision to discipline the employee was an abuse of discretion. An A through A.4-No change. abuse of discretion occurs when the department head has failed to exercise sound. reasonable,and legal decision-making or the disciplinary decision is unsupported by B. The maximum length of such leave of absence will be ninety(90)days.Time the evidence. The Grievance Board shall not substitute its own decision for that of taken off fir other leaves of absence or any paid leave shall be included as part of the department head the ninetyday maximum.This leave may be extended only with approval of the Board of County Commissioners and then only upon written application giving compelling G. Record of hearing.A record of the hearing shall be kept by an electronic reasons.I an extended leave is approved,all accrued vacation will be paid out at the recording unit.Either party may request the use of a court reporter instead of or in time of appoval. Upon return from the leave,an employee will have the normal wait- addition to the electronic recording unit.The requesting party shall pay for all costs mg periodfor benefits to begin.If an employee does not return to work on or before associated with using the court reporter the agreeeupon date or come to en agreement with management on en extension, the empldea will be terminated. H. Decision of the Grievance Board. Amend Sic.3-6-110.Closure of County operations. 1. The Grievance Board shall determine whether the department head's decision A. In he event the County closes operations or facilities due to inclement weather to discipline the employee was an abuse of discretion. If the Grievance Board deter- or other emergencies,regular and lob share employees scheduled to work will be paid mines that the department head dio not abuse his or her discretion.it shall dismiss for no mere than an B hour day.Part-time employees will be paid their normal hours the appeal. If the Grievance Board determines that the department head abused his it they areat work when the closure occurs;if the County closes prior to their arrival or her discretion,it shall recommend an appropriate remedy. The Grievance Board they will rot receive County closure pay. Employees required to work during such may recommend that the employee be reinstated,demoted.suspended,reprimanded, closure due to County needs shall not be paid any additional salary.compensation or warned,or any combination of these actions 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. 2. The Grievance Board shall not formulate any policies or procedures,but may interpret policies and procedures set forth in this Chapter.The Grievance Board shall Remainder of Section-No change. defer to the department heads reasonable interpretation of departmental policy and procedures. The Grievance Board shall not fashion any binding remedy,but may Amend Sec.3-6-150.Clinic time. suggest remedies to department heads or elected officials. A majority vote of the A. Paid"clinic time"will be allotted to County employees who are enrolled in Grievance Board shall represent the official recommendation of the Grievance Board. a County Health Plan("eligible employees")to use for visits to the Weld County Employee Medical Clinic("the clinic').Eligible employees will be allotted a certain number of paid visits to the clinic during scheduled work hours,per calendar year,for • a 4 3 no will he ces personal healthcare.instead of being required to use their accrued leave.There is a lB. While drug testing by the Countyaright,p to e its ptolicyoand its own author- maximum of three(3)hours allowed per visit. Employees attending appointments at ity,to above,the e i the separate pursuant policy the clinic with dependents will be required to use applicable accrue leave or ached- su,st require employees to provide unty reserves eseirent for teright,sting forpursuant other controlled ule the visit during nonworking hours.Eligible employees anti be allotted paid time for substances,n, permitted permitted law.The County to the sts to its policy and s own m loye by law,tapepr c drug tests for or d i the clinic m r ot each An annual allotment r of paid visitsth for each eligible yie year The helemp will e be non-safety-sensitivesafety-sensitive employees using the same procedures FTA requires for testing can contact the Department year f Human Resour use cessfor the subsequent annual allotment of safetyaensitive employees paid visits. Amend Sec.3-13-210.Contact person. B. Use of clinic time will be tracked by the eligible employee in Peoplesoft's Time FTA regulations require that a single contact person be identified to answer and Labor System.After an eligible employee exhausts his or her annual allotment quethe stions Co County this Drug and All For the purposes Programof this Administrator the contact t person will of paid visits,any subsequent visit to the Clinic during working hours shell be consid- be men of um antl Alcohol TestingStreet, reel ey,Color at the`80631, County ered sick leave.If the employee has no sick leave or other applicable accrued leave, Departmentrh at Human 6-4000,Ext 152 0 Copies Stoe. of feellev Colorado regula ions also who may then leave without pay is to be used.if approved by the supervisor.Unused visits will be reached the Department ep m of Ext.an Resources. relevant regulations are expire on December 31 of each year and will not be carried over into the next year. available at of Human Employees are encouraged to visit the chnic anytime during nonworking hours It ARTICLE XIV Is the employee's responsibility to enter their Clinic Time to their timesheet,and the Implementation of Federal Motor Carrier Safety Administration Regulations supervisor's responsibility to track this time, on Drug Use and Alcohol Misuse ARTICLE VIII Health and Safety Amend Sec.3-t4-30.Prohibited conduct. A-No change. Amend Sec.3-8-20.Reporting of injuries. B Controlled substances. • A through D-No change. E. While an QmpIOyQQ IS On wplworkers'COmpenSatlpn lea Ve,WIIh the eXLe lion Of 1. Pursuant to County policy..any driver who manufactures,distributes,dispenses, Ep tot W hie-tour mpl hour or the rket three shifts.the employee e, may not use sick or processes.sells,attempts to sell or arranges to sell a controlled substance to any vacation leave or comp time. other person,whether on or off County property,whether on or off duty,shall be sub- ject to discipline up to and including discharge. Remainder of Section-No change. 2. As referred to in this policy,a controlled substance or prohibited drug means ARTICLE X marijuana,cocaine,opiates(opium and codeine derivatives),amphetamines and Pay Practices methamphetamines or phencyclidine(PCP).FMCSA regulations prohibit the per- formance of safety-sensitive functions when a prohibited level of any of the five(5) Amend Sec.3-10-]0.Position sutlit end reclassification. specified drugs is detectable in the driver's urine. A through E-No changes. 3. An employee will not be allowed to perform or continue to perform safety-sensi- tive functions if the County has actual knowledge that the employee was using con- F ihen be made.The Director of Human Resources,department head or elected official duty ord O ho r any time or sting to duringfor the performance ved of asafety-sensitive and the Director of Finance will have an opportunity to make comments and recom- mendations tlufy tour(4)hours prior to reporting duty a covered position- to the Board.The Board of County Commissioners will review this infor- Amend Sec.3-14-50.Testing for controlled substances. mason and make a decision. Remainder of Section-No change. A. Drug testing of drivers who perform safety-sensitive functions is limited to the following substances Amend Sec.3.10-120.Mechanics of the pay system. 1.Marijuana. A. New hires should begin at the entry level step for the classification.Exceptions to this must be approved by the Director of Human Resources and requires justifi- 2.Cocaine. cation that the'individual exceeds the minimum standards for the classification as established by the class description and specifications,as well as having an increased 3.Amphetamines and methamphetamines. level of experience.The department head or elected official must submit the justifica- tion to the Department of Human Resources to request approval to hire beyond step 4 Opiates leg.,heroin,codeine). one of the classification.This request must document the fact that the applicant's training and experience warrants the higher pay level.No commitment to hire at other 5 Phencyclidine(PCP)• than the entry level should be made to an applicant without written approval from the Department of Human Resources.The practice of hiring at other than entry ievel is Remaindei of Section-No change. limited B. Performance evaluation dates and pay step dates should be made to coincide Amend Sec.3-14-210.Contact person. with pay r That for dates employees pay it woul a the m of the month. FMCSA regulations require that a single contact person be identified to answer questions about this policy.For the purposes of this policy,the contact person will C. Promotions and reclassifications be the Designated Employer Representative,the Drug and Alcohol Testing Program Administrator at the Weld County Department of Human Resources,1150 0 Street, 1. When a County employee is promoted to a higher level classification in the Greeley,Colorado 80631,who may be reached at(970)356-4000,Ext.4234.Copies of relevant regulations also are available at the Department of Human Resources. same classification series,the employee will be placed at the entry level step for the classification.Promotions will ensure a minimum of five percent(5%)in pay increase. ARTICLE XV In the event the promotion in the classification series is less than five percent(5%), HIPAA Policies and Procedures the employee shall be placed at the step which provides a minimum increase of five percent(5%).A six-month promotional review period shall exist for the employee in at Amend Sec.3-15-30.Privacy Officer and Privacy Policy. cases of promotion. A. The HIPAA Privacy Officer("Privacy Officer)shall be the Director of Human Resources or in his or her absence,the Human Resources Risk Manager.The 2. Employees who are promoted and due to the five-percent-increase rule,are Privacy Officer's primary responsibilities include. placed outside of the current pay table range for that classification will receive only the initial pay increase of five percent(5`6).They will then be be placed in the grantlfatheretl Remainder of Section-No change. category and treated as such. 3. When a position is determined to be misclassified and is changed to a higher Amend APPENDIX 3-A-ATTACHED classification,the incumbent employee must quality for the higher level position within BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be,and hereby one(1)year.The incumbent employee will be placed in the new pay grade at their current step and step date. is,directed to arrange for Colorado Code Publishing to supplement the Weld County Code with with the amendments subsections contained herein,to coincide with chapters,articles, Remainder of Section-No change. divisions.sections,and sectio as they currently exist within said Code:and to resolve any inconsistencies regarding capitalization,grammar,and numbering or ARTICLE XII placement of chapters.articles,divisions,sections,and subsections in said Code. Payroll 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 Amend Sec.3-12-30.Procedure to correct payroll errors. A When an error in pay is itlentified by either the tlepartmena heatl or elected unconstitutional,such decision shall not affect the validity of the remaining portions official or the employee,notification should be made to the Accounting Department or hereof. The OBrdinance of e in ety each Commissioners dvehereby section, desubsection,clares ar it would have Human Resources immediately so corrections may be made.It is the responsibility of enacted this prase thereof and every ctt orparagraph,sentence, the Accounting Department,the department head or elected official and the employee subset and phrase apps, irrespectiventencesclauses,of the fact that any igh or more rtosections, to review pay information monthly to assure accuracy and to report errors in a-timely unconstions,paragraphs,sentences, or phrases might be declared to be manner. unconstitutional or invalid. B. If any error that results in an underpayment is from time not being entered in The Tribune the system by the employee,the additional pay will be processed with the next regular September 24.2014 payday. C. If an error results in an underpayment.and is anything other than employee error,a separate check will be processed on the second Tuesday of the month or the next regular payday.whichever is first. D. All overpayments discovered will result in a collection action for the total amount ARTICLE XIII Implementation of Federal Transit Administration Regulations on Drug Use and Alcohol Misuse Amend Sec.3.13-50.Testing for controlled substances. A. Drug testing of safety-sensitive employees authorized by FTA regulations is limited to Marijuana metabolites/THC,Cocaine metabolites Phencyclidine(PCP) Amphetamines,Methamphetamine and Mefhylenedioxymethamphetamine(MDMA), • Opiate metabolites(Codeine,Morphine,and Heroin) L oc 3 Hello