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I·M~~Lt~:R.,~~~~~~~R »Ri!IM'1 ~.I• ~*Wi 11111 O.C WELD COUNTY CODE ORDINANCE 2019-07 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION AND 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 Weid, State of Coiorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 2 ADMINISTRATION ARTICLE I - Board Procedures Amend Sec. 2-1-125. Delegation of Authority to Sign Standard Form Agreements. The Board of County Commissioners periodically approves, by Resolution, standard form agreements, each of which are available from the Clerk to the Board's Office. A. The Chair to the Board is delegated the authority to sign any agreement in substantial conformance with the following: 1. thru 18. - No change. 19. Standard Form of Agreement for Municipal Jail Services. Remainder of Section - No Change. PAGE 1 2019-2333 ORD2019-07 4S00771 Pages: 1 o, 10 06/26/2019 10:84 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, co c..c.: C..IBC~), F'l:.CD<-..>I JO). 1111 WJ~.. ~:i·m~~lt~:r.,~~~~~~~r »ri!IM'1 ~.i• ~*Wi 11111 o.c,.. < eic..rc..c ), c.. o.c e,a>. H~Cf>R) 0rf01/l9 CHAPTER 3 HUMAN RESOURCES ARTICLE II - Employment Information Amend Sec. 3-2-60. Re-empioyment. At the discretion of the department or elected official, a regular employee who resigned and was in good standing at the time of the resignation may be rehired. Upon re-employment, the employee shall be subject to all conditions of employment, including the twelve-month initial review period applicable to new employees. If the date of termination is less than thirty-one (31) days, the employee will be reinstated with no change in hire date. Amend Sec. 3-2-70. Outside employment. An employee may engage in outside employment if there is no interference with assigned working hours and duties, if there are no real or apparent conflicts of interest with assigned responsibiiities and if approved by the department head or elected official. Exceptions are when it would be prohibited by the Home Rule Charter or by resolution of the Board of County Commissioners. For the purposes of this Section, and by way of example, an "apparent conflict of interest with assigned responsibilities" would occur if an employee testifies in a professional capacity on behalf of either an applicant or opponent in a land use hearing before the Board of County Commissioners. An employee may apply or have an interest in working in two (2) separate positions within the County. Based on essential duties and functions of the different positions, as well as pay and benefits issues, the Director of Human Resources must approve this option. Amend Sec. 3-2-90. Employee definitions. A. thru H. - No change. Delete Table 3.1 Remainder of Section - No change. Amend Sec. 3-2-100. Employees taking in-service distribution retirement benefits. Employees covered by the Weld County Retirement Plan may take in-service distribution retirement benefits once the employee reaches normal retirement age without separating their regular employment from the County. To comply with IRS regulations for in-service distribution retirement benefits; normal retirement age is age 65, or the employee has reached age 55 and meets the "Rule of 80''. To meet the "Rule of 80" requirements under the Weld County Retirement Plan employees must be 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). County employees under the Weld County Retirement Plan taking in-service distribution retirement benefits will not make retirement plan contributions and will no longer receive disability insurance coverage, but may be eligible for health, dental, vision, life insurance and other employee benefits offered other County employees. PAGE 2 2019-2333 ORD2019-07 Upon repeal and reenactment of this Section 3-2-100, County employees currently taking in-service distribution retirement benefits are reclassified from "Working Retiree" status to "Regular Full-Time" status. As a result, "Working Retiree Agreements" are no longer necessary. Employees retiring from County service under the State of Colorado PERA retirement program shall be governed by PERA rules and regulations for employees working after service or disability retirement. Refer to PERA rules and regulations. If an employee transfers from a department with one of the County's retirement plans to a department with a different retirement plan (i.e. from the County Retirement Plan to PERA or from PER,A, to the County Retirement P!an) the retirement deduction coming out of their pay \AJil! not change until the new pay period. Delete Table 3.2 Amend Sec. 3-2-110. Benefit table. "'T'" - LI - I'"\ I"'\ -1 - - - _: L - - 1- - ·- - .c:.1. - 1- .. - ·--·-I - .. - - .1.. ··- - L- - ~ - .. - .I. •• - -- - I - .. - - - • I aUlt; .:i . .:i Ut;:Sl,;llUt;:S Ut;llt;lll:S uy t;lllf.llUYt;t; tyµt; JUI vuurny t;f1Jµ1uyt;t;:S. Amend Table 3.3 Benefit Table by Employee Type Full-Time Part-Time 20-39 :Temporary or less than 20 Seasonal Regular hours/week · hours/week Step Yes No No No Progression Health Yes *Yes *Yes **No Insurance Disability Yes No Yes No Insurance Life Insurance Yes No Yes No Retirement Yes No No No Plan+ Sick Leave Yes No *Yes No Vacation Yes No *Yes No Leave Holiday Pay :Yes No !*Yes No Personal Yes No .*Yes No Leave Bereavement Yes No *Yes No Leave Grievance Yes No No No Rights PAGE 3 2019-2333 ORD2019-07 4!00771 ~•ges: ~ or '~ 06/26/2019 10:S4 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 WJ~.. ~'~'I Mlffti~'~l 1tfl,~r~~~~r~ 1 l:JY1Wi 1111 I ·Prorated. An employee must consistently work 20 hours or more per week to receive a prorated health insurance benefit. .. Temporary part-time employees working 30-39 hours are eligible for health insurance. +All employees of the Department of Public Health and Envi'ronment will be members of PERA. ARTICLE IV - Discipline and Grievance Amend Sec. 3-4-70. Grievance hearing. A. thru D.6. - No change. 7. Any attorney who represents a grieving employee shall be paid by the employee. In no event shall the County be obligated to pay the grieving employee's attorney fees or any costs incurred by the employee in the course of the grievance hearing process, including paying the employee's wages while they prepare for the grievance. 8. and 9. - No change. E. 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. F. 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. G. Decision of the Grievance Board. 1. thru 4. - No change. 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) days of receiving the Grievance Board's decision. The notice of appeal must specifically state what part of the decision the party seeks to have modified and the reasons therefore. The notice shall not exceed five (5) pages in length. The party opposing the modification may submit a memorandum brief, but must do so within ten (10) working days of receiving the notice of appeal. Any such memorandum brief shall not exceed five (5) pages in length. I. Review of appeal. Remainder of Section - No change. ARTICLE V - Termination of Employment Amend Sec. 3-5-20. Resignation or retirement. A. thru C. - No change. PAGE 4 2019-2333 ORD2019-07 4e00771 Pages: 4 of 10 06/26/2019 10:S4 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 WJ~.. ~~~ Mil-trrtW'rM'~'~W~~ t~~~~.W,\in 11111 D. Final pay for terminating employees will be issued twice a month; the second Tuesday of the month and again during the normal payroll processing period for the month. If the final pay is issued during the normal payroll processing period, the pay will be automatically deposited into a bank account that is on record on the last working day of the month.
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