HomeMy WebLinkAbout20142642.tiff 36,04-
WELD COUNTY P - d until - 17- 2°14
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
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and hereby are, repealed and re-enacted , with amendments, and the various Chapters are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).
q
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 Finance and AdministrationHuman Resources.
The Director of Finance and AdministrationHuman Resources will then investigate the
alleged discrimination .
Amend Sec. 3-2-90. Employee definitions.
A through C - No change.
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D. Regular. A regular employee is a full-time employee who is not on any iewan 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 . HourlyTemporary. An hourly A temporary employee is paid only for the hours worked . The
employee is not paid for any leave time. Hourly 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. Not eligible for Sick Leave Bank.
4 . 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.
5 I . 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.
6 No working retiree may work more than a total of one thousand nine hundred
seventy-six ( 1 , 976) hours annually, January to January.
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
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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. Not eligible for Sick Leave Bank—
f . 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 as earned. Public Works
employees who are qualified for compensatory time prior to becoming
working retirees will still be eligible.
g ', . 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.
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Amend Sec. 3-2-110. Benefit table.
Table 3. 3 describes benefits by employee type for County employees:
Full-Time Part-Time Temporary or Working
Job Share Seasonal 20-39 less than 20 Retiree 20-38
Regular
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 Insurance Yes Yes No Yes No Yes
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
ISick Leave- •Yt- 'Yes Ne- Ne- No No
Bank _
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.
33Paramedic services, yes.
r sr All employees of the Department of Public Health and Environment will be members of PERA.
ARTICLE Ill
Standards of Conduct
Amend Sec. 3-3-40. Searches.
The County reserves the right,- -upon-having r-e-assn-abte--suspicion--of w-r
employee , to conduct, at any time without notice , a reasonable-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 not-only authorized to
wear blue denim jeans (blue jeans) , with a collared shirt displaying the Weld County logo ,
to work except 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 ,
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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. 3-4-60. 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 Finance and AdministrationGeneral 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. 3-4-70. 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. n tie event an extension is grantee at tie request o= a ciscip fined
employee, saic emp oyee wi not be e igib e for bac-c pay for tie perioc of tie extension
should back pay 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
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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.
p
3. The Grievance Board shall conduct a de novo hearing of the grievancemav
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 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 .
5: . 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.
6 . 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.
T_) . 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 employee to disciplinary action .
82 . 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 .
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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.
GH . Decision of the Grievance Board .
1 . The Grievance Board shall ei• ier gran- or ceny a or any porion o= - ie emp oycc's
grievance. The Grievance Board will not formulate any policies or procedures, but
may interpret po icies anc procedures set forti in tiis Ciapter. 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 decision of the Grievance Board 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 .
2 . 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.
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3 / . The Grievance Board's decision is final , unless timely appeal is made to the Board
of County Commissioners as indicated below.
H ! . 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 therefon . 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.
l 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, employee benefit binder and any other County property.
D. Final paychecks for terminating employees will be issued within twenty four (24) hours of
the Department of Human Resources receiving the appropriate paper work from the
employee's departmenttwice a month ; the second Tuesday of the month and again during
the normal payroll processing period for the month . If the termination datc fallcfinal check
is issued during the normal payroll processing period , the manual pay check will be issued
the day after the close of payrollautomatically 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,
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. Final pay may be deposited into a bank account on the last working day of the
monti by no-Vying - ie Department o= - uman Resources prior to tie termination
processing.
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 of-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
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absence for three (3) days is considered abandonment of job and may result in
termination .
E through G - No change.
H . Under no circumstances may sick I ve be used for more than a total of six (6) months
within any twelve-month period.
# i . An employee cannot accumulate in excess of four hundred eighty (480) hours of sick
leave.
Delete Sec. 3-6-40. Short-term disability.
Employees who are not eligible for - -e S.c< _eave 3an<; s • ci as Nose w ~o nave ess
than one ( 1 ) year of participation in the bank, or who do not wish to join the Sick Leave Bank, may
purchase short term cisability insurance proviced as a group po icy by tie County. The employee
pays the total premium for tnis insurance. An employee may not craw from both tie Sick Leave
Ban< anc. tie Antiem Short Term Disabi ity program at tie same time. fan emp oyee enro s in
boti tie Antiem Siort Term Disabi ity anc tie Sic< Leave Ban< for heir first year, it is the
emp oyee's responsibi ity to cance one ( ' ) of tie p ans after heir first year of emp oyment.
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.
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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 working 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.
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E . While an employee is on workers' compensation leave, with the exception of the firstup 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 and Administration 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 w41--should begin at the entry level step for the classification_, with one ( 1 )
cvcception. An app icant may be iirec at tie qua ilec (second) step i= tie app icant
Exceptions to this must be approved by the Director of Human Resources and requires
. ustification 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 at the qualified
!eve-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.
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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 them entry level current step and step date unless the former pay grade in the
lower class 4s less than a five percent increase. In the event the entry level is less
tan a 'ive-percent pay increase, tie person wi be p acec at a step provicing a
five percent minimum increase.
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.
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.
BD . If any error results in an uncerpayment, a separate ciec-c wi be processec 'or tie
accitiona wages. These ciec-cs wi be processec eit ier tie seconc Tuescay of tie
month or the next regular payday, whichever is first. 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 the
following substances. Mari. uana metabolites / THC , Cocaine metabolites, Phencyclidine
(PCP) , Amphetamines, Methamphetamine, and Methylenedioxymethamphetamine
(MDMA: , Opiate metabolites (Codeine, Morphine, and Heroin)
Drug Name - Metabolite Screening Cut Off Confirmation Cut Off
Marijuana Delta 9 'FIR: 50 NG/ml 15 NG/ml
Cocaine Benzoyl 300 NG/ml 150 NG/ml
ecgonine
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Amphetamines 1000 NG/mI 500 NG/ml
Opiates 2000 NG/mI 2000 NG/ml
Morphine/Codeine
PCP Phencyclidine 25 NG/mI 25 NG/mi
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.
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 Resources, 915 1-0t141150O 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 .
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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 , 915 10th1150 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 Finance and
AdministrationHurman Resources or in his or her designeeabsence, the Human
Resources Risk Manager. The Privacy Officer's primary responsibilities include:
Remainder of Section - No change .
Amend Appendix 3-A - ATTACHED
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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 forreason held or decided to be
any
unconstitutional , such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section . subsection , paragraph , sentence , clause . and phrase thereof irrespective
of the fact that any one or more sections. subsections . paragraphs, sentences, clauses, or
phrases might be declared to be unconstitutional or invalid .
The above and foregoing Ordinance Number 2014- 12 was , on motion duly made and
seconded , adopted by the following vote on the 29th day of October, A. D. , 2014.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Douglas Rademacher, Chair
Weld County Clerk to the Board
Barbara Kirkmeyer, Pro-Tem
BY:
Deputy Clerk to the Board
Sean P. Conway
APPROVED AS TO FORM :
Mike Freeman
County Attorney
William F. Garcia
First Reading : August 25, 2014
Con't to: September 8, 2014 (postponed indefinitely)
First Reading : September 17 , 2014
Publication : September 24, 2014, in the Greeley Tribune
Second Reading: October 8, 2014
Publication : October 15, 2014 , in the Greeley Tribune
Final Reading : October 29, 2014
9
Publication : November 5 , 2014 , in the Greeley Tribune
Effective: November 16 , 2014
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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)
I 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 DiCellwistrinoWeasse ,
P. O. Box 490 Dr. Jeff Larsen, M.D.Dr. Christine Kasser, M.D., Associate MRO
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
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