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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows.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. If the final pay is issued on ihe second Tuesday of the month, the pay wiii be processed on a paycard and 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 pay is issued. ARTICLE VI - Leave Time Benefits Amend Sec. 3-5-10. Vacation !eave. A. and B. - No change. Amend Table 3.4 Annual Vacation Accrual Hours Accrued ,.llonth!y Continuous Years of · Part Time Accrual (based on County Service (earned upon completion of weekly hours) full pay period) .50 .75 Under5 8 4 6 5 through 9 10 5 7.5 10 through 19 12 6 9 20 13.33 6.5 10
Remainder of Section - No change. Amend Sec. 3-6-20. Sick leave. A. thru B. - No change. Amend Table 3.5 Sick Leave Accrual Rates Hours Accrued Monthly (earned upon completion of Sick Accrual full pay period Regular Employee 8 Part Time .75 6 Part Time .50 4
Remainder of Section - No change. Amend Sec. 3-6-70. Holidays. A. - No change.
PAGE 5 2019-2333 ORD2019-07 4e00771 Pages: ! of 10 06/26/2019 10:S4 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 WJ~.rl:.\111.i!(l'•l'Um\~1 '"-"Nr'~' ~l~W~fi1l1 ~iw. 11111 B. Regular employees shall consider a holiday as eight (8) hours of paid time; holiday pay will be prorated for benefit eligible part time employees based on their standard weekly hours, for example: part time .75, six (6) hours; part time .50, four (4) hours. These hours may or may not correspond with the assigned work shift. To be eligible for holiday pay, an employee must be on paid status the scheduled workday before and the scheduled workday after the holiday. Employees working on an official holiday may receive a day off in lieu of the official holiday or may be paid straight time for working on the holiday. No employee assigned to shift work shall receive a greater or a lesser number of holidaysin any calendar year than employees regularly assigned to work during the normal workweek. Remainder of Section - No change. ARTICLE VIII - Health and Safety Amend Sec. 3-8-20. Reporting of injuries. A. If an employee is injured while in the scope of their position duties, even slightly, or suspects he or she has been injured, the employee must report this fact to his or her supervisor immediately, even if no medical attention is necessary. B. To be eligible for workers' compensation benefits, an employee must be examined and treated initially by one of the established County Workers' Compensation primary designated medical care facilities. C. The injured employee needs to complete 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, injury, or perceived occupational disease. The Supervis.or's Accident/Incident Report must be completed, signed and submitted to the Department of Human Resources within forty-eight (48) hours of the accident, injury or perceived occupational disease. D. Workers' compensation claims require the following procedures: 1. Employees injured while performing assigned duties must report the accident immediately for medical assessment, injury evaluation and treatment, as well as to prevent future accidents. 2. If an employee needs medical treatment for a work-related injury, he or she must present to one (1) of the County designated providers. 3. Worker's compensation leave runs concurrently with FMLA benefit tracking pending FMLA leave qualification review and approval. E. Alternative medical services will not be paid unless medical referral is made by the workers' compensation 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 work status. 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.
PAGE 6 2019-2333 ORD2019-07 4e00771 Pages: 6 of 10 06/26/2019 10:S4 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 11111JP.1I'~~ .v~rru·rM~~~ r~,iam~~~,iWi 11111 F. While an employee is on workers' compensation leave, with the exception of up to twenty four (24) hours or the first three assigned scheduled shifts, the employee may not use sick or vacation leave or accumulated benefit leave and will not be eligible for Short- or Long-term disability benefits. G. 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. H. An employee's status with respect to benefits during a leave of absence without pay that is nn+ l"""l"'\\/or.orl 1 1nrl.o.r C:l\Jll /1 I IV\ \ ..oVV~I ~U UI IU\JI I IVI~. 1. During workers' compensation leave, an employee does not accumulate sick or vacation leave, following the expiration of approved FMLA leave. 2. While 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 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 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 and will only be effective up to the last day in which coverage was paid. Remainder of Section - No change. ARTICLE XII - Payroll Amend Sec. 3-12-20. Mandatory payroll deductions. A. thru D.1. - No change. 2. Weld County Retirement Plan. All full-time, regular County employees, except those on PERA, or those currently receiving their retirement benefits, are required to participate in the Weld County Retirement Plan. The employee must contribute nine percent (9%) of gross earnings each month. Employee contributions are deferred from state and federal taxable income. The County matches all regular contributions. Member employees should refer to the booklet provided by the Weld County Retirement Board for details of the plan. ARTICLE XIII - Implementation of Federal Transit Administration Regulations on Drug Use and Alcohol Misuse Amend Sec. 3-13-30. Prohibited conduct. A. thru B.1. - No change. 2. As referred to in this policy, a controlled substance or prohibited drug means marijuana, cocaine, opioids, amphetamines or phencyclidine. FTA regulations currently prohibit the performance of safety-sensitive functions when a prohibited level of any of five (5) specified drugs is detectable in the employee's urine.
PAGE 7 2019-2333 ORD2019-07 4e00771 Pages: 7 of 10 06/26/2019 10:54 RM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 WJ~Jl'~~l~M'\r.J~rM~~' f~,-,~ ~11~:\ 1 iYi 11111 Amend Sec. 3-13-50. Testing for controlled substances. A. Drug testing of safety-sensitive employees authorized by FTA regulations is limited to Marijuana metabolites/THC, Cocaine metabolites, Codeine/Morphine, 6-Acetylmorphone, Phencyclidi ne (PCP), Am phetam ine/Metham phetamine, Methylened ioxymetham phetam ine (MOMA), and Opioids (hydrocodone, hydromorphone, oxycodone and oxymorphone). Some common names for these opioids includes frequently prescribed pain medications such as Oxycontin, Percodan, Percocet, Vicodin, Lortab, Norco, Dilaudid and Exalgo. B. - No change. C. Any employee who tests positive for opioids who neither admits to an unauthorized use of an opioid, nor can provide a valid medical explanation or prescription for the opioid present in his or her urine sample, shall be required to undergo a physical examination with a physician (M.D.). The purpose of the exam is to determine if the donor is exhibiting any physical signs of any opioid use, abuse or withdrawal that would provide the required clinical evidence necessary for the Medical Review Officer to report the test as a positive test result. If no clinical evidence is detected, the result is verified negative by the Medical Review Officer and reported to the County as a negative test result. The employee shall be required to pay for any such exam by the physician (M.D.). 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. - No change. 2. As referred to in this policy, a controlled substance or prohibited drug means marijuana, cocaine, opioids (hydrocodone, hydromorphone, oxycodone and oxymorphone), amphetamines and methamphetamines or phencyclidine (PCP). Some common names for these opioids include frequently prescribed pain medications such as Oxycontin, Percodan, Percocet, Vicodin, Lortab, Norco, Dilaudid and Exalgo. 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. Remainder of Section - No change. 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. thru 3. - No change. 4. Opioids (hydrocodone, hydromorphone, oxycodone and oxymorphone). Some common names for these opioids include frequently prescribed pain medications such as Oxycontin, Percodan, Percodet, Vicodin, Lortab, Norco, Dilaudid and Exalgo.
PAGE 8 2019-2333 ORD2019-07 4e00771 Pages: 8 of 10 06/26/2019 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1 1 1111 ~~.rM :i.ill.-l~!'ll, M~·~,,~,'r'Gw~·~r~1~ ...IK-¥. 11Wi 11111 Remainder of Section - No change. Delete Appendix 3-C - Weld County Retired Employee Employment Contract BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2019-07 was, on motion duly made and seconded, adopted by the following vote on the 19th day of June, AD., 2019.
BOARD OF COUNTY COMMISSIONERS WELD COUNTY, CO RADO
ATTEST: ?f~ ~ ~;,)_
Weld County Clerk to the Board
Mike Freeman, Pro-Tern
EXCUSED
PAGE 9 2019-2333 ORD2019-07 4e00771 Pages: 9 of 10 06/26/2019 10:S4 AM R Fee:$0.00 Carly Koppes, Clerk and ~•corder, Weld County, CO 1111 WJ~.1mNl.l:M~~·~1lr~~ 1 ~~~~~~ I~)~IM 11111 First Reading: May 13, 2019 Publication: May 22, 2019, in the Greeley Tribune
Second Reading: June 3, 2019 Publication: June 7, 2019, in the Greeley Tribune
Final Reading: June 19, 2019 Publication: June 26, 2019, in the Greeley Tribune
Effective: July 1, 2019
PAGE 10 2019-2333 ORD2019-07 4e00771 Pages: 10 of 10 06/26/2019 10:54 AM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 W)~.. ,1 •1~ ~1rxrtr~1~N)~r~r:.irw-~1~ 1 1\i ~ iM 11111 WELD COUNT Y CODE ORDINANCE 20 1 9-0 7
IN THE MATTER O F REPEALING A ND REENACTING , WITH AMENDMENTS, C HAPTE R 2 A DMINI ST RATION AN D C HA PT ER 3 HUMA N RESOURC ES,OF THE WELD C OUNTY COD E BE IT ORDAINED BY THE BOARD OF COU NTY COMMISSIONERS OF THE COUNTY OF WELD, ST ATE OF CO LO RADO: WHEREAS , the Board of County Comm issioners of the County of Wel d , State of Colorado, pu rsuant to Colorado statute andthe Weld County Home Rule Charter, is vested with the authority of administering t he affairs of Weld County , Colorado , and WHEREAS , the Board of County Commiss i oners , on December 28 , 2000, adopted Weld Coun ty Code O r dinance 2000-1 , enacting a comprehens ive Code for the Countyof Weld , including the codification of all previous ly adopted ordinancesof a general and permanent nature enacted on or before said date of adoption, and WHEREA S ,the Weld County Code is in need of revision and clarification with regard to procedures , terms, and requirements therein . NOW, THER EFORE, BE IT O RDA INEDby the Board of Count y Commiss ioners of the County of Weld , Stateof Colorado, that certain existing Chaptersof the Weld County Code be , and hereby are, repea led and re-enacted , wittl amendments, and the various Chapters are revised to read as follows . C HA PTER2 ADMINI STRATI O N
A RTI C LEI - Board Proced ures Am e nd Sec. 2-1-1 25. De legti a o n of A uhot rity t o Si g n Stan da rd Fo rm A gee r m ents. The Board of County Commissioners periodically approves , by Resolution , standard form agreements , each of which are availabl e from the Clerk to the Board's Office. A. The Chair to, the Board is deleg ated t he a1Uthority to s ign 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 C HAPTER 3 HUMAN RESOURCE S ARTI C LE II - Em pl oym ent Info rti ma o n Ame nd Sec . 3- 2-60. Re-e mploy m e nt. 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 , i ncluding thetwe l ve-month i nitial rreview period applicable to new employees . lftthe date of termination is less than thirty-one (31) days ,the employee will be reinstated with no change in h ire date. Amend Sec. 3-2-70 . Outside empl oyment. An empl oyee 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 responsibilities and if approved by the department head or elected official. Exceptions are when it wou ld be prohibited by the Home Ru le Charter or by resolution of the Board of County Commissioners _ Forthe purposes of this Section , and by way of example, an "apparent conflict of interest with assigned responsibilities " wou ld occurif an empl oyee testifies in a professiona l capacity on behalf of either an appl icant 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 pos itions with i n t h e County. Based on essential duties and functi ons of the d ifferent positions, as well as pay and benefits issues , the Directorof Human Resources must approve this option . Amend Sec . 3-2-90. Emp loyee defini tion s . A thru H . - No change. Dele t e Tabl e3. 1 Remainder of Section - No change . A m e nd S ec. 3 -2 -100 . Emp lyeo es t a kin g in-serv ice di stributio n retirem ent be nefits. Employees covered by the Weld County Retirement Plan may take in-service d istribution retirement benefits once the employee reaches norma l retirement age without separating their regular employment from the County. To comply with I RS regulations for i n-service d istribution retirement benefits , normal retirement age is age 65 , or the employee has reached age 55 arnd meets the " Ruleof 80" . T o meet the " Ruleof 80" requirements under the Weld County Retirement Plan employees must be eli gibl e 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 , w ith twenty- five [25]years of service) . County employees under the Weld County Retirement P lan taking in-service distribution retireme nt benefits willno t make retirement plan contributions and will no longer receive disability insurance coverage, but may be elig ible for health , dental , v ision , lif e insurance and other employee benefits offered other County employees .
PAGE 2 2019-2333 ORD2019- 07 Upon repeal and reenactment of th is Sect ion 3-2-100, County employees currently taking i n-service distri•bution retirement benefits are reclassified from "Working Retiree" status to " Reguar l Full-Time" status. As a result, "Working Retiree Agreements " areno longer necessary. Employees retiring from County service under the State of Colorado PERA retirement program shall be governed by PERA ru les and regulations for employees working after servtce or disabil ity retirement. Referto 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 PERA to the County Reti rement P lan)the retirement deduction coming out of their pay will not change until the new pay period. Delete Table 3.2 Amend Sec. 3-2-110. Benefit table. Table 3. 3 descri bes benefits by employee type for County employees: Amend Table 3.3 Benefit Tabl e by Empl oyee Type 1 Full-Time Part- Time 20-39 , T emporaryor less than 20 Seasonal Regular hours/week hours/week .. ,.. ------Step Yes No No No Progression Health Yes * Yes *Yes **No Insurance I 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 ILeave Grievance Yes No No No _Rights
PAGE 3 2019-2333 ORD2019-07 · Prorated . An employee must consistentlyworl< 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 Environment will be members of PERA. ARTICLE IV - D iscipline and Grieva nce Amend S ec. 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 wh ile they prepare for the grievance. 8. and 9. - No change. E. Standard of Review . T he 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 , reasonab le , and legal decision-making , or the disciplinary decision is unsupported by the evidence. T he Grievance Board shall not substitute its own decision for that of the department head . F. Record of hearing . A recordof 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. T he 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 noti ce of appeal. Any such memorandum brief shall not exceed five (5) pages in length. I. Review of appeal. Remainder of Section - No change. ARTI C LE V - Te rminationof Employment Am e nd Sec. 3-5-20 . Resi gnationor retirem ent A . thru C . - No change .
PAGE 4 2019 - 2333 ORD2019- 07 D . Final payGAeGks for terminating employees will be issued twi ce a month ;the second Tuesday of the month and again during the normal payroll processing period for the month. If the final GheGK~ is issued during the normal payroll processing period, the pay GJ:le6k-will lbe automatically deposited into a bank account that is on record on the last working day of the month. If the final GheGK~ is issued on the second Tuesday of the month , theGheGK ~ will be processed on a paycard and 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 . onthe day the GheGK~ is issued . ARTICLE VI - Leave Time Benefits Amend Sec . 3-6-10. Vacation leave. A. and B. - No change . Amend Table 3.4 Annual Vacation Accrual Hours Accrued Monthly_ Continuous Years of Part Time Accrual (based on (earned ue,on com12.letion of County Service weekly hours) I full ea~ e.eriodi .50 .75 Under 5 8 4 6 ' 5 through 9 10 5 7.5 10 through 19 12 6 9 1 20 13.33 6 .5 10
Remainder of S e ction - No change. Amend Sec. 3-6-20. Sick leave. A. thru B. - No change. Amend Table 3.5 Sick Leave Accrual Rates
~ Hours Accrued Monthfy (earned ue,on come.letion of I Sick Accrual full ~al! (},eriod IRegular Employee 8
J Part Time .75 6 Part T ime .50
Remainder of Section - No change. Amend Sec. 3-6-70. Holidays. A . - No change .
PAGE 5 2019-2333 ORD2019- 07 B. Regu arl employees shall consider a holiday as eight (8) hours of paid time ; holiday pay will be prorated for benefit eligible part time employees based on the ir standard weekly hours, for example: part time .75 , six (6) hours; part time .50 , four (4) hours. These hours may or may not correspond with the ass igned work sh ift.To be eligible for holiday pay, an employee must be on paid status the scheduled workday before and the scheduled workday after the holiday. Employees working on an official holiday may receive a day off in lieu of the official holiday or may be paid straight time for working on the holiday. No employee assigned to shift work shall rece ive a greateror a lesser number of holidays in any calendar year than employees regularly assigned to work during the normal workweek. Remainder of Section - No change. A RTI C LEVIII - Health and Safety Ame nd Sec. 3-8-20. Report ingof i nj uri es. A If an employee is inj ured while in the scope of their position duties , even slightly or, suspects he or she has been injured , the empl oyee must report this fact to h is or her supervisor immed iately, even if no medica l attention is necessary. B. To be eligible for workers' compensation benefits , an employee must be examined and treated initially by one of the established County Workers' Compensation primary designated medical care facil ities. C . The inj ured employee needs to complete theEmployee's Written Notice of Injury to Employer must be completed, signed and submitted to the Department of Human Resources with in twenty-four (24) hours of the accident , injury, or perceived occupati onal disease . The Supervisor's Accident/Incident Report mus t be completed , signed and submittedto the Department of Human Resources within forty-eight (48) hours of the acci dent, injury or perceived occupational disease . D. Workers' compensation claims require the following procedures: 1 . Employees injured w h ile performing assigned duties must report the accident immediately for medica l assessment , injury evaluation and treatment, as wel l as to prevent future accidents . 2 . If an empl oyee needs medical treatment for a work-related injury , heor she must present to one (1) of the County designated providers . 3 . Worker's compensation leave runs concurrently with FMLA benefit tracki ng pending FMLA leave qual ification review ' and approval. E . Alternative med ical services will not be paid un less medical referral is made by the workers ' compensati on designated provi der. Before any injured empl oyee 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 work status . Injured employees able to perform modified job duties may be assigned temporary positions ,if availabl e , by the department heador elected official after consu ltation with the Departmentof Human Resources.
PAGE 6 2019-2333 ORD2019-07 F. While an employee is on workers' compensation leave, w ith the exception of up to twenty four (24) hours or the first th ree assigned scheduled shifts, the employee may not use sick or vacation leave or accumulated benefit leave and will not be eligible for Short- or Lon g-term disability benefits. G. An employee's status wit h respect to benefits dur ing leave of absence without pay that is covered under FMLA shall be the same as that stated under the Family and M edical L eave Policy set forth in Paragraphs 3-6-50.J.1-4. H . An empl oyee's status with respect to benefits during a leave of absence without pay that is not covered under FM LA. 1 . Durin g workers' compensation eavel , an employee does not accumulate sick or vacatio n leave , following the expiration of approved FMLA leave. 2. While on unpaid leave, health benefits will continueat the same level and under the same conditions as if the employee had continued to work as long as t he employee pays the emp loyee of the pr emium .The employee must continue to make this payment, eit her in person or by mail. The payment must be received in the Department of 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 du r ation of the leave and will only be effective up to t he lastday in whi ch coveragewas paid. Remainder of Section - No change. ARTI C LE X II - Payro ll Am e nd S ec. 3 - 12- 20. Manda t ory pay ro ll deduct i ons. A. thru D. 1. - No change. 2 . Weld County Retirement Pl an. All ful l-time, reg·ular County employees , except those on PERA, or those currently receiving their retirement benefits, are required to participate in the Weld County Retireme nt P lan .The employee must contr ibute nine percent (9%) of gross. earnings each month. Empl oyee contrib u tions are deferred from state a nd federal taxable i ncome. The Co unty matc1hes all regular contributions . Member empl oyees should refer to the booklet p rovided by the Weld County Retirement Board for details of the plan. ARTI C LE X III - Impleme ntati o nof Federal Tra ns it Adm inistr ati o n Reg ulat io ns on Dru gse U a nd Alc oho l Misse u Am e nd Sec. 3 - 13- 30 . Pro hibi ted co nd uct. A. thru B.1. - No change. 2. As referred to in thi.s pol icy, a controlled substance or prohibited drug means marij uana , cocaine, opioids, amphetamines or phencyclidine. FTA regu lations currently prohibitthe performance of safety-sensitive functions when a prohibited level of any of five (5) specified drugs is detectable i nthe employee's urine.
PAGE 7 2019-2333 ORD2019-07 Amend Sec. 3-13-50. Testing for contro lle d sub stances. A Drug testing of safety-sensitive employees authorized by FTA regulations is limited to Marij uana metabolitesfTHC , Cocaine metabolites, Codeine/Morphine, 6-Acetylmorphone, Phen cyclidine (PCP) , Amphetamine/Methamphetamine , Methylened ioxymethamphetamine (MOMA) , and Opioids (hydrocodone, hydromorphone, oxycodone and oxymorphone). Some common names for these op ioids includes frequently prescribed pain medications such as Oxycontin , Percodan , Percocet , Vicodin , Lortab , Norco , D ilaudid and Exalgo . 8 . - No change . C. Any employee who tests positive for opioids who neither admits to an unauthorized use of an opioid , nor can provide a valid medical explanation or prescription for the opioid present in his or her urine sample, shall be required to undergo a physical examination with a physician (M . D).. The purpose of the exam is to determine if the donor is exhibiting any physica l signs of any op ioid use, abuse or withdrawal that would provide the required clini cal evidence necessary for the Medica l Review Officer to report the test as a positive test result. If no clinical evidence is detected , the resultis verified negative by the Medical Review Officer and reported to the County as a negativ e test result. The employee sha ll be required to pay for any such exam by the physician (M. D .) . ARTICLE XIV - Implementation of Federa l Motor Carrier Safety Administration Regulations on Drug Use and Alcohol Misuse Amend Sec. 3-14-30. Proh i bited conduct. A - No change. 8 . Controlled substances . 1. - No change. 2 . As referred to in this policy, a controlled substance or prohib ited drug means marijuana, cocaine , opioids (hydrocodone , hydromorphone , oxycodone and oxymorphone) , amphetamines and methamphetamines or phencyclidine (PCP) . Some common names for these opioids include frequently prescribed pain medications such as Oxycontin , Percodan , Percocet, Vicodin , Lortab , Norco , Dilaudid and Exalgo. FMCSA regulations prohibit the performance of safety-sensitive fu nctions when a prohibited level of any of the five (5) specified drugs is detectable in the driver's urine . Remainder of Section - No change. Amend Sec . 3-14-50. Testing for controlled substances . A Drug testing of drivers who perform safety-sensitive functions is limited to the fo llowing substances : 1. thru 3 . - No change . 4 . Opioids (hydrocodone , hydromorphone , oxycodone and oxymorphone) . Some common names for these opioids include frequently prescribed pain medications such as Oxycontin , Percodan , Percodet, Vicodin , Lortab , Norco , Dilaudid and Exalgo.
PAGE 8 2019-2333 ORD2019-07 Remainder of Section - No change. De lete Appendix 3-C - Weld County Retired Empl o yee E mpl oym e nCot ntrac t BE IT FUR THE R O RDA INEDby the Board that the Clerk to the Board be , and hereby is , directed to a rrange for Municode to supplement the Weld County Code with the amendments contained herein , to coincide with chapters , articles , divisions , sect ions, and subsections as they currently exist w ithin said Code; and to resolve any inconsistencies regard ing capitalization , grammar, and numbering or placement of chapters , art i cles , divisions, sections , and subsections in said Code. BE IT FURTHER ORDAINED by the Board , if any section, subsection , paragraph , sentence , clause , o r phraseof this Ord inance is fo r any reason held or decidedto be unconsti tutional, such decision shall not affect the val idity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ord inance in each and every section , subsection, paragraph , sentence, clause , and phrase thereof irrespectiveof the fact that any one or more sect ions, subsections, paragraphs , sentences , clauses ,or phrases might be declared to be unconstitutional o r invalid. T he above and foregoing Ordinance Number 2019 -07 was, on motion dul y made and seconded , adopted by the following vot eon the 19th day of June, A.O., 2019 .
BOARD OF COUNTY COMM ISS ION ERS WE L D COUNTY, COLORADO
ATTEST: Barbar.a Ki rkmeyer , Chair Weld County Clerk to the Board
Mike Freeman , Pro-Tern BY: ______Deputy Clerk to the Board Sean P. Conway
APPROVED AS TO FORM: Scott K. James
County Attorney Steve Moreno Date of signature: ____
PAGE 9 2019- 2333 ORD2019-07 First Reading: May 13, 2019 Publication: May 22, 2019 , in the Greeley Tribune
Second Reading : J une 3 , 20 19 PubI ication: J une 7 , 2019 , in the Greeley Tribune
Final Reading: J une 19 , 2019 Publ ication : J une 26 , 2019, in the Greeley Tribune
Effective : J uly1 , 2019
PAGE 10 2019-2333 ORD2019-07