HomeMy WebLinkAbout20142644.tiff Esther Gesick rjq,i;
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From : Patti Russell
Sent: Tuesday, September 09, 2014 10: 20 AM
To: Esther Gesick
Subject: County Code Changes
Okay, I have made a couple of changes on this, but we are now ready to go . . . The changes are :
Removal of Sec. 3- 1 -60 Key appointee
And
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 employee 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 .
Can we get this on the agenda for next week?
Patti Russell
Patricia S. Russell, SPHR
Director, Human Resources
Weld County Government
1150 "0 " Street
Greeley, CO 80631
(970) 356-4000 ext 4230
prussell@weldgov.com
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070) 41—c96 q9
1
Back &w - A,
ARTICLE I
General Provisions
Sec. 3-1-60. County Attorney is "key appointee."
The County Attorney is considered to be a "key appointee," as that term is used in the definition
of "Employee," set forth in C.R.S. Section 8-2- 120(2)(a). As such, the position of County Attorney is
subject to the requirement of being a Weld County resident, as stated in Section 5-2 of the Weld County
Home Rule Charter.
ARTICLE II
Employment Information
Sec. 3-2- 10. Equal Employment Opportunity (EEO).
A. The County strives to attain complete compliance with all provisions of equal employment
opportunity laws. Recruiting, selection and advancement of employees will be on the basis of their
relative ability, knowledge, skills and other relevant factors.
B. It is the intent of the County to:
1 . Recruit, hire, train and promote persons in all job titles without regard to race, religion, color,
sex, age, national origin, disability, veteran status or any other status or condition protected by
applicable state law, except where a bona fide occupational qualification applies.
2. Administer all personnel actions such as compensation, benefits, transfers, layoffs, return
from layoff, County-sponsored training, education and tuition assistance without regard to race,
religion, color, sex, age, national origin, disability, veteran status or any other status or condition
protected by applicable state law, except where a bona fide occupational qualification applies.
3. An employee should contact the Director of Human Resources if the employee has a sugges-
tion, problem or complaint with regard to EEO.
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 Finance and AdministrationDirector of Human Resources. The Director of Finance and
AdministrationDirector of Human Resources will then investigate the alleged discrimination. (Weld
County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4)
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
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regular 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.
B. Promotional/transfer review. Employees promoted or transferred into a new position will be
under a review status for six (6) months.
C. Special review. A department head or elected official may institute a special review period due
to performance that was not up to department standards. The length of the special review period shall be
at the discretion of the department head or elected official.
D. Regular. A regular employee is a full-time employee who is not on any reviewan 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. Full-time. A full-time employee is an employee who is regularly scheduled to work at least forty
(40) hours per week. Depending on the situation, any of the above definitions may apply to full-time
employees.
F. Seasonal. A seasonal employee is hourly, working forty (40) hours per week, but for only part
of the year. There is no paid leave time, but seasonal, forty-hour-per-week employees may participate in
the health insurance program. These employees have none of the grievance rights as described in this
Chapter and may not participate in the Retirement Plan.
G. HourlyTemporary. An hourly temporary employee is paid only for the hours worked. The
employee is not paid for any leave time. HourlTemporary 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.
H. Part-time. A part-time employee is regularly scheduled to work less than forty (40) hours per
week. The part-time employee who consistently works at least twenty (20) hours per week may
participate in the health, life and disability insurance programs. The employee has no grievance rights as
described in this Chapter and may not participate in the Retirement Plan.
I. Job share. A job share employee works part-time and may participate in most County benefits
except retirement. Job share normally means a full-time position with benefits has been split so it may be
shared by two (2) people. Benefits are earned on a pro-rata basis based on standard hours worked. Job
share prorated accrual rates are shown in Table 3 . 1 .
Table 3. 1
Job Share Status
Normal Hours Worked Per Week Job Share Status
30 - 39 .75
20 - 29 .50
through J. Special funded. An at-will position which is funded thgrant or other special funding.
g P g
Benefits will vary and be dependent on the funding that is provided. (Weld County Code Ordinance
2003-4; Weld County Code Ordinance 2005- 14)
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Sec. 3-2-100. Working after retirement.
1 . The retired employee is rehired as a working retiree.
a. For individuals at Step 1 -5, no drop-in step level would occur.
b. Individuals at Steps 6 or 7 would drop to Step 5 .
c. Individuals at Steps 8 or 9 would drop 2 Steps.
d. Not eligible for Step increases.
e. Not eligible for promotions.
2. Return to benefit accruals as a new employee.
3 . Not eligible for Sick Leave Bank.
43 . 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.
54. 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.
65 . No working retiree may work more than a total of one thousand nine hundred seventy-six
( 1 ,976) hours annually, January to January.
76. 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.
Not eligible for Sick Leave Bank.
€e. With the exception of certain Public Works positions, compensatory time will be paid out
upon termination; working retiree not eligible for compensatory time, overtime will be paid out
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as earned. Public Works employees who are qualified for compensatory time prior to becoming
working retirees will still be eligible.
gf. 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.
Sec. 3-2-110. Benefit table.
Table 3 .3 describes benefits by employee type for County employees:
Table 3.3
Benefit Table by Employee Type
Full-Time Job Part-Time Temporary or less Working Retiree
Regular Share Seasonal 20-39 hours/week than 20 hours/week 20-38 hours/week
Step Progression Yes Yes No "No "No No
Health Insurance Yes *Yes *Yes *Yes No *Yes
Disability Insurance Yes Yes No Yes No No
Life Insurance Yes Yes No Yes No Yes
Retirement Plan * Yes No No No No No
Sick Leave Yes *Yes No No No 'Yes
Vacation Leave Yes *Yes No No No *Yes
Holiday Pay Yes *Yes No No No *Yes
Personal Leave Yes *Yes No No No *Yes
Bereavement Leave Yes *Yes No No No *Yes
Sick Leave Bank Yes 'Yes Ns Ne No Ne
Grievance Rights Yes Yes No No No No
' Prorated. An employee must consistently work 20 hours or more per week to receive a prorated health insurance benefit.
. Paramedic services, yes.
All employees of the Department of Public Health and Environment will be members of PERA.
Working after retirement employees must refer to their employment contracts for explanation of benefit eligibility.
(Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2008-6; Weld County Code
Ordinance 2010-8)
Sec. 3-3-40. Searches.
The County reserves the right, , to
conduct, at any time without notice, a reasonable search or inspection of the employee's workplace to
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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. (Weld County Code Ordinance 2003-4)
Sec. 3-3-110. Appearance/dress.
A. The County requires all employees to present a professional image to the public and our
customers. Accordingly, each employee is required to wear appropriate attire. Employees are expected
to dress neatly and appropriately and practice good grooming and hygiene.
B. Employees working in an office environment with public contact are not only authorized to wear
blue denim jeans (blue jeans), with a collared shirt displaying the Weld County logos to work cxcept on
the fourth Fridays of the month 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.
C. While on duty, County employees are not permitted to wear any visible body piercing
ornamentation except on the ears.
D. Employees found in violation of this policy may be sent home without pay or with use of
accrued leave time to change into proper attire and could be subject to further disciplinary action. Pay
status will be determined by the supervisor, department head or elected official. (Weld County Code
Ordinance 2003-4; Weld County Code Ordinance 2012-6)
ARTICLE IV
Discipline and Grievance
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 Weld County
Code 3-2-90. Pre-dismissal hearing for non-regular employees shall have no effect on grievance rights
as defined in Weld County Code 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.
B. The pre-dismissal hearing shall be scheduled the next working day after the employee receives
the notification. The employee will be placed on administrative leave with pay until a determination of
dismissal or retention is made.
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C. Attendance at the pre-dismissal hearing is limited to the department head or elected official, the
immediate supervisor, the employee being considered for dismissal, the employee's legal counsel if
desired and a representative of the Department of Human Resources. If the employee is represented by
legal counsel, the department head or elected official may also have legal representation.
D. The employee shall have the right to make statements to the department head or elected official
which may rebut the reasons stated in the pre-dismissal notification. This rebuttal may be presented
orally or in writing. The pre-dismissal hearing shall not be a full evidentiary hearing.
E. After receiving said rebuttal and any other appropriate information, the department head or
elected official shall, within one ( I ) working day, render a determination as to whether the employee shall
or shall not be dismissed or whether to extend the period of paid administrative leave in order to provide
enough time to investigate the incident so as to render an informed decision. If the department head or
elected official decides to dismiss the employee, notification will be provided to the employee under
separate letter. The notification of dismissal shall include the reasons which the department head or
elected official determines to justify dismissal.
F. If the department head or elected official determines that the employee shall be retained, the
department head or elected official may elect to impose upon the employee any disciplinary measures
short of dismissal. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4)
Sec. 3-4-30. Grieving a dismissal.
If the employee is dismissed pursuant to these procedures, the employee may exercise the right to
grieve such dismissal without the necessity of complying with Steps 1 , 2, 3 and 4 of the grievance
procedure in Section 3-4-60. (Weld County Code Ordinance 2003-4)
Sec. 3-4-40. Employee grievance.
An employee who feels that the policies set forth in this Chapter are not being properly applied, or
has any disciplinary action taken against him or her that results p ry g in an immediate loss of pay, may file a
grievance. These actions include termination, demotion and/or suspension resulting in loss in pay. (Weld
County Code Ordinance 2003-4)
Sec. 3-4-50. Nongrievance items.
A. Employees cannot grieve a County policy that has been adopted by the Board of County
Commissioners, even if they feel it is an unjust policy. The County's policies are addressed and adopted
in public meetings in the form of a County resolution or ordinance. All employees are encouraged to
attend public meetings, on their own time, that involve them as taxpayers and employees, in order to
voice their opinions.
B. Employees cannot grieve performance evaluations or written counseling forms. They can appeal
these to their elected official or department head. (Weld County Code Ordinance 2003-4)
Sec. 3-4-60. Grievance procedure.
The employee grievance procedure is as follows:
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A. Step 1 . Appeal to immediate supervisor. All grievances must first be presented to the
employee's immediate supervisor within five (5) calendar days of the incident which is the subject
matter of the grievance.
B. Step 2. Immediate supervisor response to appeal. The immediate supervisor will give the
employee an answer within five (5) calendar days of the presentation of the grievance.
C. Step 3 . Appeal to the department head or elected official.
1 . If the employee is not satisfied with the supervisor's answer to the grievance, the employ-
ee may, within five (5) calendar days of receiving the supervisor's answer, appeal the supervi-
sor's answer to the department head or elected official. Such an appeal must be presented in
writing. The writing shall state the nature of the grievance and explain the employee's position.
2. Timeliness of appeal. In all cases, failure to submit a written appeal to the department
head or elected official within twenty (20) calendar days of the incident which is the subject
matter of the grievance shall constitute a stale grievance and waiver of grievance rights for the
incident.
3 . Appeals directly to the department head or elected official. In those instances when the
discipline is being administered directly by the department head or elected official, the employee
grievance procedure begins at Step 5 .
D. Step 4. Department head or elected official response to the appeal. The department head or
elected official shall give a written answer to the grieving employee within five (5) calendar days of
the presentation of the grievance.
E. Step 5 . Filing a formal written grievance. If the employee disagrees with the department
head or elected official's answer, or if grieving a dismissal from employment, the employee may file
a formal written grievance with the Department of Human Resources within ten ( 10) calendar days
of receiving the department head's or elected official's written response or dismissal from employ-
ment. The written grievance must clearly state the employee's side of the case and must include the
following: specifically what decisions or actions the employee is grieving; what remedy the
employee is seeking in the grievance; the specific facts as they are known to the employee; any
documentation to substantiate the facts; and a summary of the answer of the supervisor and
department head or elected official.
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
Finance and AdministrationDirector of General Services will attempt reconciliation. If reconcilia-
tion is undertaken and it is not successful, a grievance hearing will be scheduled.
G. Step 7. Scheduling the grievance hearing. The Director of Human Resources has fifteen
( 15) calendar days from receipt of the written grievance to set a grievance hearing date and to notify
the employee and department head or elected official of the hearing date. (Weld County Code
P
Ordinance 2003-4; Weld County Code Ordinance 2005- 14; Weld County Code Ordinance 2007-4)
Sec. 3-4-70. Grievance hearing.
A. Presence at hearing.
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1 . Presence of employee involved. Under no circumstances shall a hearing be conducted
without the personal presence of the employee who requested the hearing. However, an employee
who fails to appear at such hearing without good cause, as determined by the Grievance Board, shall
be deemed to have waived his or her rights to a hearing.
2. Persons in attendance. The grievance hearing is not a public hearing. The Grievance Board,
the grieving party plus one ( I ) responding representative, P g department the din de artment head, elected official or
other designated supervisor plus one ( 1 ) representative, a representative of the Department of Human
Resources, the recorder and any witnesses, while giving testimony, are the only persons allowed to
be present at grievance hearings. The grieving employee shall be entitled to be accompanied and
represented at the hearing by an attorney or, if not an attorney, any other person of his or her choice.
3 . The attorney who represents the grieving employee shall be paid by the employee. In no
event shall the County be obligated to pay the employee's attorney fees or any costs associated with
the grievance. The responding department head, elected official or other supervisor shall also be
entitled to have an attorney representing him or her at the hearing.
B. Composition of Grievance Board. The Grievance Board shall consist of three (3) members as
listed below. If either party fails to select a member to serve on the Grievance Board by the date
designated by the Director of Human Resources, then the Director of Human Resources shall appoint a
member.
1 . One ( 1 ) County employee chosen by the grieving employee, but not from the employee's
own office or department. Said County employee's employment status must include eligibility to
participate in grievance procedures; however, said employee may not be called by either party as a
witness.
2. One ( I ) County employee chosen by the department head or elected official that imposed the
disciplinary action, but not from the same office or department as the department head or elected
official. Said County employee's employment status must include eligibility to participate in
grievance procedures; however, said employee may not be called by either party as a witness.
3 . One ( 1 ) person with labor relations and/or legal background selected from a list certified by
the Board of County Commissioners. This person shall serve as the Chairperson of the Grievance
Board.
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.
be awarded.
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.
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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 shall conduct a de novo hearing of the grievance:may consider all
relevant evidence.
i their Both parties may call witnesses to testify on t eit behalf a 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 documen-
tation 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 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.
56. 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.
67. 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.
78. 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 -may subject the employee to
disciplinary action.
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89. 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
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decision is unsupported by the evidence. The Grievance Board shall not substitute its own decision for
that of the department head.
FG. 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.
GH. Decision of the Grievance Board.
1 . --The Grievance Board shall determine whether the department head's decision to disci-
pline 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.cithcr grant or deny all or any portion of the employee's grievance: The
ance Board_.
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 de-
partment heads or elected officials. A majority vote of the Grievance Board shall repre-
sent the official recommendation of the Grievance Board
23 . 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.
3-4. The Grievance Board's decision is final, unless timely appeal is made to the Board of County
Commissioners as indicated below.
141. 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 therefor. 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.
Ii . Review of appeal.
1 . The Director of Human Resources shall transmit the Grievance Board's decision, the notice
of appeal and any memorandum brief to the Board of County Commissioners for review.
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2. The Board of County Commissioners may affirm the Grievance Board's decision, modify it
in whole or in part or remand the matter to the Grievance Board for further fact-finding. A
modification may only be made if, based upon the Grievance Board's findings of fact, the decision is
clearly wrong or is in excess of the Grievance Board's jurisdiction, authority, purposes or limitations
as defined by this Chapter and the procedures outlined in Chapter 2 of this Code. The Board of
County Commissioners may review the entire hearing record upon a majority vote of the Board of
County Commissioners. The Board of County Commissioners shall transmit a written decision on
the appeal to the Director of Human Resources within ten ( 10) working days of the receipt of the
appeal. The Director of Human Resources shall thereafter communicate the decision to the
employee within five (5) working days.
3 . Regardless of the above-stated grievance procedures, all employees are considered to be at-
will employees and these procedures are not intended to create, nor are they to be considered to
constitute, a contract between the County and any one ( 1 ) or all of its employees. (Weld County
Code Ordinance 2003-4; Weld County Code Ordinance 2005- 14; Weld County Code Ordinance
2007-4; Weld County Code Ordinance 2012-8)
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ARTICLE V
Termination of Employment
Sec. 3-5-20. Resignation or retirement.
A. Employees are requested to notify their supervisor in writing as soon as possible of their intent to
resign. As a matter of professional courtesy, at least a two-week notice before date of resignation is a
standard practice. The last day worked will be considered the termination date, with the exception of
retiring employees.
B. An employee who wishes to retire should call the Department of Human Resources at least thirty
(30) days prior to the retirement date.
C. All regular County employees who terminate employment for any reason must return the County
picture ID card, keys, employee benefit binder-and any other County property.
D. Final paychecks for terminating employees will be issued within twenty four (24 ) hours of the
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 If the termination date falls during the normal payroll
processing period, the manual 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, issued the
day after the close of payroll. tThe 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.
. (Weld County Code Ordinance
2003-4; Weld County Code Ordinance 2005- 14; Weld County Code Ordinance 2006-8; Weld County
Code Ordinance 2007-4)
ARTICLE VI
Leave Time Benefits
Sec. 3-6-05. Leave restriction.
An employee may not have more than six (6) months of combined paid or unpaid leave during any
twelve-month period unless the employee's supervisor, in consultation with his or her department director
or elected official, believes it to be in the County's best interests to allow the employee to have more than
six (6) months of leave. (Weld County Code Ordinance 2012-8)
Sec. 3-6-20. Sick leave.
D. An employee is to report his or her absence daily directly to his or her supervisor within one ( 1 )
I hour prior toef 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
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calling in and obtaining an approved absence for three (3) days is considered abandonment of job and
may result in termination.
H. Uncer no circumstances may sic< leave be used for more tian a tota of six (6) mont is within
any twelve month period.I believe this may conflict with 3-6-05
L-H. An employee cannot accumulate in excess of four hundred eighty (480) hours of sick leave.
(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- 1 1 )
Sec. 3-6-40. Short-=term disability. Delete section
Emp oyees wio are not eligib e for tie Sic< Leave Ban<; suc i as t lose w io lave ess tian one ( 1 )
year of participation in the bank, or who do not wish to join tie Sic< Leave Bank, may purchase short
term eisability insurance provide( as a group po icy by tie County. T emp oyee pays tie tota
premium for tiis insurance. An emp ogee may not draw from both tie Sic< Leave Ban< anc tie Anthem
S sort Term Disabi ity program at tie same time. If an emp oyee enro s in boti tie Ant iem S sort Term
Disability ane the Sic< Leave Bank for their first year, it is t ie emp •oyee's responsibi ity to cance . one ( 1 )
of the p ans after t ieir first year of emp oyment. (We c County Code Ordinance 2003 4; We c County
Code Ordinance 2010 8)
Sec. 3-6-50. Family and medical leave policy.
S. Employees who need to apply for FMLA coverage must contact the FMLA Sourcevendor to obtain the
necessary forms. Employees are responsible for having a medical certification completed by their
provider and returned directly to the FMLASource 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 Sourcevendor may deny the request.
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-grandparents, grandchild, step-grandchild, foster parent, foster child and
guardian. (Weld County Code Ordinance 2003-4)
Sec. 3-6-90. Leave of absence without pay.
A. An employee's status with respect to benefits during leave of absence shall be as follows:
1 . While the employee is on unpaid leave, the employee's vacation and sick leave accruals will
stop.
2. While the employee is on unpaid leave, health benefits will continue at the same level and
under the same conditions as if the employee had continued to work, as long as the employee pays
the employee's and employer's portions of the premium. The employee must continue to make this
payment, either in person or by mail. The payment must be received in the Department of
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Accounting by the end of each month. If the payment is more than thirty (30) days late, the
employee's health care coverage may be dropped for the duration of the leave.
3 . If an employee is enrolled in a supplemental life insurance plan, this coverage will stop
during a leave of absence. The Weld County Life Insurance Plan requires that an employee be
actively working to be eligible for coverage; therefore, the County will discontinue the employee's
basic life plan as well as any supplemental life coverage during the leave period.
4. If health and/or life benefits are terminated during the leave of absence due to nonpayment of
the premium, the employee will be required to wait until open enrollment to re-enroll in those
benefits.
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. (Weld County Code
Ordinance 2003-4; Weld County Code Ordinance 2010-8; Weld County Code Ordinance 2012-8)
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. 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.
B. An employee unable to be in attendance due to inclement weather or other emergencies when
County operations and facilities are open shall be charged appropriate leave. (Weld County Code
Ordinance 2003-4)
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 working
hours, per calendar year, for personal healthcare, instead of being required to use their accrued leave.
There is a maximum of 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.
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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 supervisors responsibility to track this
time. (Weld County Code Ordinance 2010-8; Weld County Code Ordinance 2012-8)
ARTICLE VIII
Health and Safety
Sec. 3-8- 10. Complying with safety rules and regulations.
Employees are required to comply with all safety rules and regulations. Failure to do so will result in
disciplinary action and could result in a reduction in workers' compensation benefits if an accident
resulted from failure to comply with the safety rules. If an employee has any questions concerning a
department's requirements, the employee should contact the supervisor. (Weld County Code Ordinance
2003-4)
Sec. 3-8-20. Reporting of injuries.
A. If an employee is injured, even slightly, or suspects he or she has been injured, the employee
must report this fact to his or her immediate supervisor at once. To be eligible for workers' compensation
benefits, an employee must be examined and treated initially by the established County Workers'
Compensation primary medical care facilities.
B. The Employee 's Written Notice of Injury to Employer must be completed, signed and submitted
to the Department of Human Resources within twenty-four (24) hours of the accident or occupational
disease. The Supervisor 's Accident/Incident Report must be completed, signed and submitted to the
Department of Human Resources within forty-eight (48) hours of the accident or occupational disease.
C. Workers' compensation claims require the following procedures:
1 . Employees injured while performing assigned duties must report the accident immediately
for medical evaluation and treatment, as well as to prevent future accidents.
2. Employees seeking medical treatment for a work-related injury must present to one ( 1 ) of the
County designated providers.
3 . Worker's compensation leave runs concurrently with FMLA pending leave qualification
review and approval.
D. Alternative medical services will not be paid unless medical referral is made by the designated
provider. Before any injured employee may return to work, a physician's update is required from the
designated provider. The injured employee must keep the supervisor, department head or elected official
and the Department of Human Resources informed of his or her condition. Injured employees able to
perform modified job duties may be assigned temporary positions, if available, by the department head or
elected official after consultation with the Department of Human Resources.
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E. While an employee is on workers' compensation leave, with the exception of the first up to
twenty-four (24) hours or the first three shifts, the employee may not use sick or vacation leave or comp
time.
F. An employee's status with respect to benefits during leave of absence without pay that is
covered under FMLA shall be the same as that stated under the Family and Medical Leave Policy set
forth in Paragraphs 3-6-50.J. 1 -4.
ARTICLE X
Pay Practices
Sec. 3-10-70. Position audit and reclassification.
A. The purpose of the position audits and reclassifications is to ensure consistency of pay structure
and to provide consistent procedure for studying and evaluating positions in the County for the purpose of
upgrading or downgrading those positions. Position audits for classification will only be a part of the
annual budget process and will be considered annually along with other departmental requests, except for
a position which can be audited as a result of it being vacated by an employee termination.
B. A department head or elected official may request a special audit if one ( 1 ) has not been done for
a position within that department for at least one ( 1 ) year. A position audit is not meant to judge the
performance of the employee in the position. The purpose of the audit is to measure what the employee
does.
C. The department head or elected official can initiate a job audit by submitting in writing to the
Department of Human Resources the justification for requesting such an audit. This request must be
submitted along with the budget package. The request should include the specific changes that have
occurred and the significance of these changes.
D. If the reasons for the request are adequate, the Department of Human Resources will respond by
providing the department with a current job description and organizational chart. The department head or
elected official must then provide the following to the Department of Human Resources:
1 . The job description of the position being audited, with the proposed revisions. If there are no
revisions, the department head or elected official will indicate so on the copy of the job description.
2. The organizational chart, giving the existing approved reporting inter-relationships and
marking in red the proposed changes.
3 . A breakdown of the time spent on duties. For a simple example, a clerical position may be
broken down as follows: sixty percent (60%) typing, thirty percent (30%) answering the phone and
ten percent ( 10%) spent responding to the public.
4. A list of the additional duties and responsibilities that have been added.
5. A description of the new programs and/or functions in the department that prompted the
additional duties or responsibilities. If the department has not added new programs and/or functions,
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there should be an explanation of why the department's current position classifications are not able to
accomplish the same functions under the current classifications.
6. A specification of what inequities, if any, the department head or elected official believes
may exist.
E. Upon receipt of this information, a representative from the Department of Human Resources
may conduct an inquiry into the facts related to the position. This may include interviews of the
department head or elected official, supervisor and/or employee currently in the position.
F. An analysis and recommendation to the Board of County Commissioners will then be made.
Y
The Director of Human Resources, department head or elected official and the Director of Finance and
AdministrationDirector 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.
G. If any of the aboveparties disagree with the decision, they may request a work session with the
g q
Board. The decision of the Board of County Commissioners at the time of the budget approval is final
and may not be appealed through any means. Any approved reclassification shall be effective on the first
day of the first payroll period of the new fiscal year and funded accordingly in the budget. (Weld County
Code Ordinance 2003-4; Weld County Code Ordinance 2007-4)
Sec. 3-10-120. Mechanics of the pay system.
A. New hires mil—should begin at the entry level step for the classification_; with one ( 1 )
Eexceptions to this must be approved by the Director of Human Resources and requires justification that
the individual. An app icant may be fired at t fe qua ified (second) step if tie applicant 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 at the qualified
levelbeyond 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 h i ring 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 classifica-
tion 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.
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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 entry current step level step, and
step date dates
providing a five percent minimum increase.
4. A promoted employee entering the classification at higher than the entry level due to the
minimum pay increase requirement of five percent (5%) will still have the promotional review
period. Pay movement will be based upon the normal movement to the higher step. For example, an
employee placed at the proficient step initially will not move to the third-year proficient step until
the employee has been at the proficient step for two (2) years.
ARTICLE XII
Payroll
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.
B7 If any errors 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 the 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. ,
payday, whichever is first. All overpayments discovered will result in a collection action for the total
amount. (Weld County Code Ordinance 2003-4; Weld County Code Ordinance 2007-4; Weld
County Code Ordinance 2010-8)
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ARTICLE XIII
Implementation of Federal Transit Administration Regulations on Drug Use and Alcohol Misuse
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 Herion)the following substances.
Drug Name - Metabolite Screening Cut Off Confirmation Cut.Off
Marijuana Delta 9 TI-IC 50 NG/ml 15 NG/mi
Cocaine Benzoyl ecgonine 300 NG/ml 150 NG/mI
Amphetamines 1000 NG/mI 500 NG/mI
Opiates Morphine/Codeine 2000 NG/ml 2000 NG/mI
PCP Phencyclidine 25 NG/mI 25 NG/ml
B. While drug testing by the County normally will be limited to the five (5) 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.
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 Resources, 1150 O 915
10th 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. (Weld County Code
Ordinance 2003-3 ; Weld County Code Ordinance 2007-4)
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ARTICLE XIV
Implementation of Federal Motor Carrier Safety
Administration Regulations on Drug Use and Alcohol Misuse
Sec. 3-14-30. Prohibited conduct.
A. Alcohol.
I . Drivers subject to this policy must not consume alcohol:
a. While performing a safety-sensitive function.
b. Within four (4) hours prior to performing a safety-sensitive function.
c. For up to eight (8) hours following an accident or until the driver undergoes a post-
accident test, whichever occurs first.
2. Drivers are prohibited from possessing alcohol while on duty or while operating a commer-
cial motor vehicle unless the alcohol is manifested and transported as part of a shipment. As referred
to in this policy, alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol or other low
molecular-weight alcohols, including methyl and isopropyl alcohol. Alcohol use means the drinking
or swallowing of any beverage, liquid mixture or preparation (including any medication) containing
alcohol. FMCSA regulations currently prohibit drivers from reporting for duty or remaining on duty
requiring the performance of safety-sensitive functions while having an alcohol concentration of
0.04 or greater. (Drivers subject to this policy are strictly prohibited from using or ingesting
prohibited drugs at any time, except when the use is pursuant to the instruction of a physician who
has advised the driver that the substance does not adversely affect the driver's ability to safely
perform his or her job. Any driver taking such a substance at a physician's instruction must inform
the County of such drug use. The County retains the right to verify the use with the employee's
physician. Manufacturing, distributing, dispensing, possessing or using controlled substances in the
work place is prohibited pursuant to the Drug-Free Workplace Act.)
B. Controlled substances.
I . 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 wh ether on or off du shall be subject to discipline ty, � p e 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 func-
tions if the County has actual knowledge that the employee was using controlled substances at any
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time or alcohol during the performance of a safety-sensitive duty or four (4) hours prior to reporting
to duty for a covered position. (Weld County Code Ordinance 2003-3)
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).
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
I Human Resources, 1 150 O915 10th 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. (Weld County Code Ordinance 2003-3; Weld County Code Ordinance 2007-4)
ARTICLE XV
HIPAA Policies and Procedures
care from one ( 1 ) health care provider to another. (Weld County Code Ordinance 2012 l 0)
Sec. 3- 15-30. Privacy Officer and Privacy Policy.
A. The HIPAA Privacy Officer ("Privacy Officer") shall be the Director of Finance and
AdministrationDirector of Human Resources or his or her absence, the Human Resources Risk
Managerdesignee. The Privacy Officer's primary responsibilities include:
1 7/16/2014 10:45 AM
1
A
APPENDIX 3-A
DRUG USE AND ALCOHOL MISUSE
SERVICE PROVIDERS AND ANSWERS FOR QUESTIONS
The following entities provide services pursuant to this Policy:
Substance Abuse Professional: (referred by Weld County)
Cynthia Fravel, LPC, CAC II, NCAC I
Qualified Substance Abuse Professional (SAP)
363 W. Drake Road, Suite 2
Fort Collins, CO 80526
FAX: 970-204-7881
Phone: 970-495-4852
Laboratory:
MEDTOX Laboratories
402 West County Road D
St. Paul, MN 55122
1 -800-832-3244
Medical Review Officer:
Medical Technical Review Dr. Jeff Larsen, M.D.. Chief MRO
Dr. Christine Kasser, M.D., Associate MRO
P. O. Box 490 Dr. Jeff Larsen, M.D.
Hudson, WI 54016
1 -800-880-4444
Persons with questions regarding Weld County's Policies Implementing the Federal Transit
Administration Regulations on Drug Abuse and Alcohol Misuse should contact:
Michelle Raimer
Weld County Department of Human Resources
mraimer@co.weld.co.us
970-356-4000 x4233 — Office
970-352-9019 — Fax
(Weld County Code Ordinance 2003-3 ; Weld County Code Ordinance 2005- 14; Weld County Code
Ordinance 2007-4; Weld County Code Ordinance 2010-8)
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