jefferson county personnel rules 2016

8/15/2019 Jefferson County Personnel Rules 2016

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Section 1: Introduction page 2

Table of ContentsSection 1: Introduction .................................................................................................................................... 3

A. Purpose ................................................................................................................................................ 4

B. Applicability ....................................................................................................................................... 4

Section 2: Administration ............................................................................................................................... 5

A. Authority ............................................................................................................................................. 5

B.

Personnel File...................................................................................................................................... 5

C. Equal Employment Opportunity ......................................................................................................... 6

D. Americans With Disabilities Act ........................................................................................................ 6 Section 3: Classification System ..................................................................................................................... 7

A. Positions .............................................................................................................................................. 7

B. At Will Status ...................................................................................................................................... 9

C. Other Employment Designations ........................................................................................................ 9

D. Changes to Positions ......................................................................................................................... 10

E.

Qualifications .................................................................................................................................... 11

Section 4: Work Schedules and Salary Administration ................................................................................ 13

A. Schedules .......................................................................................................................................... 13

B. Salary Administration ....................................................................................................................... 15 Section 5: Benefits ........................................................................................................................................ 16

A. Benefits ............................................................................................................................................. 16

B. Medical Insurance ............................................................................................................................. 16

C. Dental Insurance ............................................................................................................................... 16

D.

Life Insurance ................................................................................................................................... 16

E. Retirement Program .......................................................................................................................... 17

F. Life Assistance Program ................................................................................................................... 17

G. Disability Benefits ............................................................................................................................ 17

H. Voluntary Benefits ............................................................................................................................ 17

Section 6: Vacation, Sick and Other Leaves ................................................................................................. 18

A. Vacation Time ................................................................................................................................... 18

B.

Sick Time .......................................................................................................................................... 20

C.

Administrative Leave ........................................................................................................................ 22

D. Family and Medical Leave Act (FMLA) .......................................................................................... 23

F. Medical Leave ................................................................................................................................... 25

G. Leave for On-the-Job Injuries ........................................................................................................... 26

H. Military Leave ...................................................................................................................................... 28

I. Court Leave ....................................................................................................................................... 28


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J. Discretionary Leave Without Pay ..................................................................................................... 29

K. Leave for Victims of Domestic Abuse............................................................................................. 29

L. Leave Administration........................................................................................................................ 29

Section 7: Employee Conduct ....................................................................................................................... 30

A. Harassment ........................................................................................................................................ 30

B.

Violence in the Workplace................................................................................................................ 31

C.

Outside Employment and Business Interests .................................................................................... 31

D. Multiple County Positions ................................................................................................................ 31

E. Conflict of Interest – Perceived and Actual ...................................................................................... 32

F. Use of County Property .................................................................................................................... 33

G. Confidential Information .................................................................................................................. 33

H. Drug Free Workplace .......................................................................................................................... 33

I. Employee Drug and Alcohol Testing ............................................................................................... 34

J. Political Activities ............................................................................................................................. 34

K. Safety ................................................................................................................................................ 35

L. Personal Property .............................................................................................................................. 35

M. Internal Searches ............................................................................................................................... 35

N. Physical or Mental Condition ........................................................................................................... 35

O. Reporting of Employee Conduct Violations and Illegal and Dishonest Behavior ........................... 35 Section 8: Disciplinary and Corrective Actions............................................................................................ 36

A. Definition .......................................................................................................................................... 36

B. Grounds for Action ........................................................................................................................... 36

C. Forms of Action ................................................................................................................................ 37

D. Exception .......................................................................................................................................... 38

Section 9: Separation From The County ....................................................................................................... 39

A. Resignation ....................................................................................................................................... 39

B. Dismissal ........................................................................................................................................... 39

C. Reorganization .................................................................................................................................. 39

D. Medical Separation ........................................................................................................................... 40

E.

Separation Pay .................................................................................................................................. 40

F. Severance Agreement ....................................................................................................................... 40

G. Return of County Property ................................................................................................................ 41

SECTION 10: COMPLAINT AND GRIEVANCE PROCEDURES .......................................................... 42

A. Complaint Procedure ........................................................................................................................ 42

B. Grievance Procedure ......................................................................................................................... 43

Section 1: Introduction


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A. Purpose

The Jefferson County Personnel Rules (Rules) explain employee and County responsibilities.

B. Applicability

1. Except as otherwise provided in these Rules or by statute, the Rules are applicable to employees ofthe following agencies:

a. The Board of County Commissioners;

b. The Jefferson County Sheriff;

c. The Jefferson County Clerk & Recorder;

d. The Jefferson County Treasurer;

e. The Jefferson County Assessor;

f. The District Attorney of the First Judicial District;

g. Jefferson County Public Health;

h. The Jefferson County Coroner;

i. The Jefferson County Public Trustee; and

j. The Jefferson County Public Library.

2. In the event of conflict between the terms of the Rules and any applicable State or Federal law, the

law shall prevail.

3. Any Department/Division Director, County Manager, Elected Official, Appointed Official, or

Board, may establish supplemental staff directives applicable to the employment unit or units solong as such directives do not conflict with the Rules. A copy of all additional directives should be

submitted to Human Resources for its information.

4. Nothing contained in these Rules shall be construed to authorize a Department/Division Director,

County Manager, Elected Official, Appointed Official, or Board or any other person or spending

unit to exceed its appropriated budget.

These Rules were adopted by the Personnel Board to apply to all employees of Jefferson County effectiveDecember 10, 2015.


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JEFFERSON COUNTY PERSONNEL RULES December 10, 2015

Section 2: Administration page 5

Section 2: Administration

A. Authority

1. The Personnel Board shall adopt the Rules. The Rules may be amended from time to time by the

Personnel Board with or without notice to employees and amendments shall become effective upon

adoption or on such date as the Personnel Board shall designate. Any Rule can be waived uponresolution of the Personnel Board.

2. Members of the Personnel Board include: The Board of County Commissioners, the Jefferson

County Sheriff, the Jefferson County Clerk and Recorder, the Jefferson County Assessor, the

Jefferson County Treasurer, the District Attorney of the First Judicial District, the Jefferson County

Coroner, the Public Trustee, the Executive Director for Jefferson County Public Health, and theExecutive Director of the Jefferson County Public Library. Members may authorize a designee to

act on their behalf.

B. Personnel File

1. Personnel Records

a. Human Resources shall be the custodian of Personnel Records in accordance with applicable

federal, state and local laws. Human Resources shall obtain and maintain individual personnel

records for all employees, except files of Sheriff ’s Office, Library and District Attorney’s Office employees.

b. The Sheriff ’s Office, Library and District Attorney’s Office shall be the custodian of thePersonnel Records for their respective employees.

2. Work Authorization RecordsHuman Resources shall obtain and maintain documents regarding the work authorization of allemployees, as required by law.

3. Medical RecordsEmployee medical records shall be kept confidential and in a file separate from other personnel

records.

4. Record Review

a. With reasonable advance notice, employees may be allowed to access their own records.

Employees may receive copies of the documentation in their file(s).

b. Records shall also be available for review by the applicable supervisor(s), and as necessary by

attorneys from the County Attorney’s Office, Human Resources, auditors, or as required bylaw. Others may review a file with the written permission of the employee whose file is being

reviewed.


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Section 2: Administration page 6

C. Equal Employment Opportunity

1. Jefferson County is an equal opportunity employer, providing equal employment opportunity to all

qualified persons. The County affirms the rights of all employees and applicants for employment to

be protected from discrimination, intimidation, physical harm and harassment based on race, color,

religion, sex, national origin, age, disability, sexual orientation, genetic information, or any otherstatus protected by Federal or State law. See Section 7(A) regarding Harassment.

2. The County strongly disapproves of such discrimination and harassment and will not tolerate such behavior toward its employees or applicants. To aff irm the County’s support of equal opportunity,

the County shall:

a. Recruit, hire, train, and promote persons without regard to race, color, religion, sex, nationalorigin, age, disability, sexual orientation or any other status protected by Federal or State law.

b. Support the principle of equal employment opportunity in its employment decisions.

c. Take personnel actions without regard to race, color, religion, sex, national origin, age,

disability, sexual orientation or any other status protected by Federal or State law.

3. The Director of Human Resources has been designated as the Equal Employment Opportunity

Coordinator and is responsible for addressing compliance with state and federal equal employment

laws in conjunction with the County Attorney’s Office.

4. Adverse treatment of any employee that is in retaliation for opposing discrimination or in

retaliation for participating in any discrimination investigation or claim will not be tolerated.

5. Employees who believe that they have been subjected to unlawful discrimination or unlawfulretaliation should immediately contact their supervisor or Human Resources. If the employee

believes that the matter has not been appropriately resolved through informal communications, theemployee must submit a written complaint to his/her supervisor or Human Resources.

D. Americans With Disabilities Act

The County shall comply with the Americans with Disabilities Act, Rehabilitation Act, and related

laws. When an employee/applicant is an otherwise individual with a disability, the County may make

reasonable accommodations for that individual in a manner consistent with federal and state law.

Should an accommodation be needed, employees should talk directly with their supervisor and submita request in writing to their supervisor or Human Resources.. An employee who believes that the

County has not responded to a request for reasonable accommodation should notify his or hersupervisor or Human Resources in writing immediately.


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Section 3: Classification System page 7

Section 3: Classification System

A. Positions

1. Standard

a. Regular Status

Regular Status is designated to an employee who has successfully completed probation.

b. Probationary StatusAll employees who are newly hired, promoted, demoted, voluntarily demoted or transferred

shall be on Probationary Status for a period of one year from the effective date of their new

position. All employees with Probationary Status also have At Will Status and may be

terminated at any time during the probationary period. This probationary period may beextended for any period of time that the employee has been on leave. The employee stays on

probation until such time as the employee is terminated or granted Regular Status through a

Personnel Action form. During a probationary period following a promotion, the employee may be returned to the earlier position with Regular Status and pay at the sole discretion of the

Department Director, County Manager or Elected Official provided that a vacancy for that position exists.

c. Limited Status

Standard positions may be designated as Limited with a specified ending date in order to meet

the needs of a special project or other short-term need. The ending date should be no more than

one year from the initial designation as Limited. Limited Status employees receive only those benefits required by law. All employees with Limited Status also have At Will Status and may

be terminated at any time.

2. Temporary

Employees in Temporary Positions receive only those benefits required by law. Temporaryemployees may apply for other positions and be hired pursuant to a recruitment but are not eligiblefor promotion or preference in hiring into a Standard Position. All employees in Temporary

Positions have At Will Status. No person can be hired into a temporary position who has previously

been employed with the County in any position within the previous thirteen weeks unless the personhas worked less than 130 hours per calendar month for the past twelve months. Temporary

employees must work less than 130 hours each calendar month.

3. Grant FundedA Grant Funded Position is one that is filled as part of a grant program, wherein compensation may

be paid and benefits may be provided only to the extent approved as part of the grant program. All

employees in Grant Funded Positions have At Will Status. Employees in Grant Funded positionsthat do not provide standard benefits as part of the Grant Funded program must work less than 130hours each calendar month.


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4. SelectedA Selected Position is one that is filled at the discretion of an Elected Official without use of the

recruitment process.

a. Commissioners shall be permitted one Selected Position each. All other Elected Officials shall be permitted two Selected Positions each.

b. To fill a Selected Position, candidates must meet minimum qualifications for the job.

c. Employees in Selected Positions have At Will Status, serve at the pleasure of the Elected

Official who selected them, and if not earlier terminated should anticipate separation fromemployment at the time the Elected Official who selected them leaves office.

5. Designated At Will

The following Designated At Will Positions have At Will Status and serve at the will of thecorresponding authority:

Positions with At Will Status Authority

County Manager Board of County CommissionersPublic Information Officer County Manager

County Attorney Board of County Commissioners

All Attorneys of the County Attorney’s Office County Attorney

Chief Deputy Coroners and Deputy Coroners Coroner

Coroner Investigators Coroner

Deputy County Manager, Department, Deputy

Department and Division Directors

County Manager

Public Health Executive Director Public Health Board of Directors

Public Health Division Directors Public Health Executive Director

Library Executive Director Library Board of Trustees

Chief Deputy Clerk and Recorder Clerk and Recorder

Chief Deputy Treasurer Treasurer

Chief Deputy Public Trustee Public Trustee

District Attorney’s Office Employees District Attorney

Sheriff’s Office Employees Sheriff

Assessor ’s Office Employees Assessor


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B. At Will Status

Employees with At Will Status serve at will and their employment may be terminated at any time with

or without cause and with or without notice. Employees with At Will Status shall have no recourse toany Grievance Procedures, Complaint Procedures, or other provisions of these Rules in connection

with their separation from employment. Neither these Rules nor any other statement, written or oral,

shall create a contract, express or implied, or a guarantee of employment for any period of time. No

employee or official has the authority to enter into a contract for employment, and no such contract ofemployment shall be valid or of any force and effect unless executed by the Board of County

Commissioners. No other provisions of these Rules or any statement of any person may alter or change

the At Will Status of any position identified as having At Will Status in these Rules.

C. Other Employment Designations

1. Benefit Eligible

Employees in Standard, Selected, and Designated At Will Positions who are scheduled to work at

least twenty (20) hours per week are considered Benefit Eligible unless otherwise specified.

Employees in Grant Funded Positions may be Benefit Eligible if provided in the grant program.

2. Full-time and Part-time

Employees scheduled to work 40 hours per week are considered Full-time. Employees scheduled towork a set number of hours per week which shall consist of at least 20 but less than 40 are

considered Part-time. Part-time employees accrue vacation and sick hours on a prorated basis and

are allocated holiday hours on a prorated basis. Employees who work less than 35 hours per week

are not eligible for Long Term Disability benefits.

3. Executive Officers

An Elected Official or Board, upon approval of the Personnel Board, may give a position anExecutive Officer designation. The position remains designated as an Executive Officer at the

discretion of the Elected Official or Board and receives Executive Officer benefits.

4. Essential Employees

a. Positions or employees may be designated Essential if the employee is needed to provide

County services at times when requested and/or other than regular work hours. EachDepartment/Division Director, County Manager, Elected Official, Appointed Official, or Board

will identify and advise those employees it deems Essential.

b. Essential employees are expected to report to work when requested.


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c. Types of Essential Positions may include:

(1) On-Call: On-Call Employees shall be available for and capable of reporting to work upon

notification and within a specified period of time, generally one hour. Work hours includeone hour of call back time. EXCEPTION: District Attorney and Sheriff’s Office employees.

(2) Call Back: Call-Back Employees shall be available to report back to work outside normalworking hours.

(3) Unscheduled Split ShiftUnscheduled Split Shift Employees shall be available to report to work twice in the same

workday in order to complete a full work shift. If circumstances change and the employee is

not required to return to work, the employee will be paid for the full shift and will not be

required to use personal or vacation time.

5. Exempt and Non-Exempt

Each position will have a Fair Labor Standards Act (FLSA) designation based on the nature of the

work performed. The designation will be either:

a. Exempt: Positions that are exempt from the overtime provisions of the FLSA and not eligible

for Overtime/Compensatory Time.

b. Non-Exempt: Positions that are covered by the overtime provisions of the FLSA and are

eligible for Overtime/Compensatory Time.

D. Changes to Positions

1. Reclassification

When a position no longer reflects the initial classification of the position due to significantchanges in the job duties, which could occur as the result of reorganization, a request for that

position to be reclassified may be considered. Reclassification requests should be limited to nomore than one request per position per calendar year. Reclassification should not be used solely for

the purpose of effecting a pay change or promoting or demoting an employee.

2. Promotion

a. An employee may be promoted at any time to a higher pay grade, subject to meeting the

minimum qualifications for the position. Open positions within a Department or Office may befilled by promotion of an employee in a Standard or Designated At Will Position without a

recruitment.

b. The employee may be considered for an increase in pay on the date of promotion. No employee

shall be required to accept a promotion.

3. DemotionsAn employee may be demoted for failure or inability to perform the essential functions of the

position, or as the result of disciplinary or corrective action.


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4. Voluntary Demotion

a. An employee may request a voluntary demotion to a position in a lower pay grade. Voluntary

demotions may be granted at the discretion of the appropriate supervisor(s).

b. In the event of a voluntary demotion, an employee’s salary may be adjusted to reflect the new

position.

c. The employee's anniversary date shall not change and all accumulated benefits shall transfer.

5. Transfers

a. An employee may request a transfer to a position in the same pay grade. Transfers may be

granted at the discretion of the appropriate supervisor(s).

b. A Department/Division Director, County Manager, Elected Official, Appointed Official, or

Board may transfer an employee to another position due to a reorganization or to effect other

changes in operations. Human Resources should review all such transfers.

c. In the event of a transfer, an employee’s salary may be adjusted to reflect the new position.

d. The employee's anniversary date shall not change and all accumulated benefits shall transfer.

6. Acting Positions or Special Assignments

a. An employee may be moved from his or her current position to an acting position to fill a

vacancy or fill a position that is a special assignment of limited duration. Employees are not

required to take acting positions or special assignments.

b. A temporary adjustment within the pay grade for the acting position or special assignment is

not required but may be made by the supervisor where appropriate.

c. When the employee no longer fills the acting position or special assignment, the employee will

be returned to his or her former position and pay that would have applied had the employee not

taken the acting position or special assignment.

7. Temporary Duties

An employee may be required to assume additional or other duties and responsibilities that are not

part of the employee’s job description. Temporary adjustment in pay is not required for the

assumption of such temporary duties.

E. Qualifications

1. Background Checks

Some positions may require a candidate to authorize the County to conduct a criminal backgroundcheck. All information obtained from the background and/or credit check will be kept in

confidential files in Human Resources and in accordance with state of Colorado records retention

requirements.


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2. Motor Vehicle Records

a. If driving is a requirement of a position, the Motor Vehicle Record of the applicant should be

obtained and reviewed before any final offer of employment is extended.

b. Employees that use a County or personal vehicle to conduct County business shall comply with

the Driving on County Business Policy in the County Policy Manual.

3. Hiring of Relatives

No relative may be hired, promoted, or transferred if the relative’s employment would create aconflict of interest as set forth in the Employee Conduct Section. The County will not consider

applications where employment would create such a conflict of interest.


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Section 4: Work Schedules and Salary Administration page 14

(4) Compensation shall be:

(a) Overtime Pay: Pay at a rate of one and one-half times the regular hourly rate, or

(b) Compensatory Time: Time off at a rate of one and one-half times the number of hours

worked in excess of a 40 hour work week. Accrual of Compensatory Time may not

exceed 240 hours (160 extra hours worked, for an accrual at 1 ½ times or 240 hours). Ifmore than 240 hours are accrued, overtime pay must be paid for the excess hours.

Supervisors must allow employees to use Compensatory Time within a reasonable

timeframe. When a supervisor receives a request to use Compensatory Time, thesupervisor shall allow the request unless to do so would unduly disrupt operations.

Supervisors may schedule and direct the use of Compensatory Time in order to control

accruals.

(5) Upon separation from employment, Non-Exempt employees shall be paid for all

accumulated overtime based upon the employee's current hourly rate at the time of

separation or the average hourly rate received by such employee during the last 3 years of

the employee's employment, whichever is higher.

(6) Employees must accurately record all hours worked into the time keeping system for the

County.

c. Compensation, Exempt Employees

(1) Employees in positions that are designated as Exempt under the Fair Labor Standards Act(FLSA) shall work their established work week and shall be required to work whatever

additional time is necessary to accomplish their assignments and responsibilities.

(2) An Exempt Employee shall not be eligible for Overtime Pay or Compensatory Time.

(3) Casual Time:

(a) The earning of Casual Time for Exempt Employees ceased December 31, 1995.

(b) Employees who have banked Casual Time are eligible to use up to 80 hours per year oftheir banked Casual Time with prior management approval. All use of Casual Time

shall be reported in the payroll timekeeping system.

(c) Employees shall not be paid for any accumulated Casual Time upon separation from

County employment.


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Section 5: Benefits page 16

Section 5: Benefits

A. Benefits

Benefit Eligible employees (as defined in Section 3(C) (1)) are eligible for the following benefits.

B. Medical Insurance

1. Coverage commences the first day of the month following date of hire or qualifying event. The

employee must complete the required forms within 31 days of his/her date of hire or qualifyingevent.

2. Each year, the Board of County Commissioners may determine the County’s contribution towards

medical insurance. Benefit Eligible employees may waive coverage or must pay the differential thatmight exist between the County contribution and the cost of the coverage the employee chooses.

3. The County will provide Benefit Eligible employees and their covered dependents with theopportunity to continue their health insurance coverage upon the employee’s separation from

employment with the County in accordance with applicable laws.

C. Dental Insurance

1. Coverage commences the first day of the month following date of hire or qualifying event. Theemployee must complete the required forms within 31 days of his/her date of hire or qualifying

event.

2. Each year, the Board of County Commissioners may determine the County’s contribution towardsdental insurance. Benefit Eligible employees may waive coverage or must pay the differential that

might exist between the County contribution and the cost of the coverage the employee chooses.

3. The County will provide Benefit Eligible employees and their covered dependents with the

opportunity to continue their dental insurance coverage upon the employee’s separation from

employment with the County in accordance with applicable laws.

D. Life Insurance

1. Coverage commences on the first day of employment in a Benefit Eligible Position.

2. The County will provide Benefit Eligible employees and their covered dependents with the

opportunity to continue their life insurance coverage upon separation in accordance with allapplicable laws.


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Section 5: Benefits page 17

E. Retirement Program

1. Participation in the 401a retirement program is mandatory and a condition of employment for all

Benefit Eligible employees.

2. The County is a member of Colorado County Officials and Employees Retirement Association. The bylaws of the Retirement Association and the County’s participation agreement govern eligibility

for retirement benefits.

3. Deductions and contributions begin with the first payday following hire date. Benefit Eligible

employees must sign all necessary papers for mandatory enrollment in the retirement association at

the time of employment.

4. Employees may also participate in the County’s deferred compensation plans.

F. Life Assistance Program

The County provides a Life Assistance Program to all Benefit Eligible employees and their immediatefamily or household.

G. Disability Benefits

1. The County provides short term disability insurance. In the event of an injury or illness that is notwork related that prevents an employee from working a benefit eligible employee may apply for

short term disability benefits with the County’s short term disability provider . An employee must

use all sick accruals in order to receive short term disability benefits; claims must be filed within 90days of the injury or illness. A waiting period for disability benefits will apply as per the County’s

short term disability policy. The provider determines whether an employee will receive benefits

based on the terms and conditions of the policy. An employee receiving disability incomereplacement benefits will not receive salary from the County. To retain benefits while on leave theemployee must submit the employee’s portion of the premium to Human Resources.

2. The County provides long term disability insurance for Benefit Eligible employees who arescheduled to work 35 hours or more per week. In the event of an injury or illness that prevents an

employee from performing his or her job duties a benefit eligible employee may apply for long

term disability benefits with the County’s long term disability provider. Before long term disability

benefits can be determined the employee must have already filed for short term disability benefitswithin 90 days of the injury or illness. The provider determines whether an employee will receive

benefits based on the terms and conditions of the policy An employee whose claim for Long Term

Disability is approved by the long term disability carrier shall be separated from Countyemployment unless otherwise required by law.

H. Voluntary Benefits

The Personnel Board may elect to offer Voluntary Benefits to employees. Contact Human Resources

for a description of Voluntary Benefits.


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Section 6: Vacation, Sick and Other Leave page 18

Section 6: Vacation, Sick and Other Leaves

A. Vacation Time

1. Earning Rate

All calculations for vacation time shall be based on the number of scheduled hours worked per day

and per week.

P o s i t i o n s

0 t h r o u g h t h e e n d

o f 5 y e a r s

6 t h r o u g h t h e e n d

o f 1 0 y e a r s

1 1 t h r o u g h t h e e n d

o f 1 5 y e a r s

1 6 o r m o r e y e a r s

Standard, Selected, and

Designated At Will, 40 hours aweek

annual

maximumof 96 hours

annual

maximumof 120

hours

annual

maximum of144 hours

annual

maximumof 168 hours

Standard, Selected, and

Designated At Will, less than

40 hours a week

Pro-rated

Temporary none

Grant Funded Based on terms of program/grant

a. Adjusted Earning Rate

A Department Director, County Manager, Elected Official, Appointed Official or Board may grantan adjusted vacation leave accrual rate to a returning former county employee. This grant may not

exceed the employee’s total years of employment or the vacation accrual maximums in these Rules.

Additionally, a Department Director, County Manager, Elected Official, Appointed Official orBoard may grant an adjusted vacation leave accrual rate to recruit and retain employees at a

Division Director or equivalent level or above. This grant may not exceed the vacation accrual

maximums in these Rules.

2. Accruals

a. Vacation accruals are posted on an employee's payroll record. Leave accruals indicated on

payroll records from time to time may not reflect recent leave usage. Only leave accruals that

exceed all leave usage at the time of separation from employment are available for payoff.

b. Vacation Maximum Accrual

(1) The date on which maximum accruals will be determined is December 31 of each year for

all employment units.


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(2) The maximum vacation accrual allowed for all employees is as follows:

Length of Employment Total Vacation Which

May Be Carried Over

0 through the end of 5 years (


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B. Sick Time

1. Earning Rate

All calculations for sick time shall be based on the number of scheduled hours per week.

P o s i t i o n s

Standard, Selected and Designated At Will,40 hours a week

annual maximum of 120 hours

Standard, less than 40 hours a week Pro-rated

Temporary None

Grant Funded Based on terms of program/grant

2. Accrual

a. Sick accruals are posted on an employee's payroll record. Any sick accrual posted is deemed

earned and is available for use or payoff in accordance with the provisions of these Rules.

b. There is no limit to the amount of sick time an employee can accumulate. However, an

employee may not use sick time for purposes other than those defined in these Rules.

c. Sick time does not accrue during a leave without pay or while an employee is receiving

disability income replacement benefits or workers’ compensation.

d. Sick time must be accrued before taken.

3. Use

a. An employee may use sick time for absences necessitated by injury, illness, disability, or

dental, medical, or optical care of the employee, or for medical care of the employee’s spouse,

parent, child or foster child without regard to age, any persons living in the employee’shousehold, or a disabled relative for whom the employee is a legal guardian.

b. Employees must report the reason for absences to their supervisor on the first day of theirabsence; keep their supervisor informed of their condition and expected day of return; andfurnish medical certification or other applicable documentation regarding the use of sick time

upon the request of their supervisor. Subsequent medical certification may be requested on a

reasonable basis. Failure to report the absence, or keep the supervisor informed, or providesatisfactory certification may result in an unexcused absence.

c. A medical release to return to work from a health care provider may be required prior to an

employee’s return to work .


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d. For accounting purposes, the most recently accrued sick hours shall be deemed to be used first.

e. Bereavement

The supervisor may grant up to 40 hours of sick time per year to attend to the death of anemployee's or his or her spouse’s family member related by blood, marriage, or adoption, foster

child, or person living in the employee’s household.

f. Personal

At the discretion of and upon advance approval of the supervisor, an employee may use up to

16 hours (or equivalent pro-ration) per year of sick time as personal time.

4. Treatment of Sick Accrual Upon Separation

a. Employees Hired On or After July 1, 1994 and Airport Employees Hired On or After November 10, 1998

Regardless of any other provision, employees hired on or after July 1, 1994, and airport

employees hired on or after November 10, 1998, shall not receive any payment for anyaccumulated sick hours upon separation from employment.

b. Employees Hired Before July 1, 1994 (Other than Airport Employees)

(1) Employees who accrued sick hours prior to July 1, 1994 shall be paid 100% of their hourly

rate for those hours, up to a maximum of 1040 hours, upon separation.

(2) Employees who accrue sick hours on or after July 1, 1994 shall be paid 25% of their hourly

rate for these hours, up to a maximum of 1040 hours, upon separation.

(3) Maximum PayoffIn no case will payment be made for more than 1040 total hours regardless of date earned.

c. Airport Employees Hired Before November 10, 1998

(1) Airport employees who accrued sick hours prior to February 1, 1999 shall be paid 50% of

their hourly rate for those hours up to a maximum of 1040 hours, upon separation.

(2) Airport employees who accrue sick hours on or after February 1, 1999 shall be paid 25% of

their hourly rate for these hours, up to a maximum of 1040 hours, upon separation.

(3) Maximum PayoffIn no case will payment be made for more than 1040 total hours regardless of date earned.

d. Executive Officers

(1) Employees designated as Executive Officers shall not accrue sick time but shall be paid forall sick time taken. Executive Officers may use sick time for purposes as allowed in these

Rules. Executive Officers and employees in Selected Positions are not excluded from

FMLA.


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(2) Any County employee who becomes designated as an Executive Officer and is entitled to

payment of sick accruals upon separation shall be paid for accrued sick time as provided in

Section 6 B subparagraph 4 An employee who received such sick time payout upon

obtaining Executive Officer designation but thereafter loses such Executive Officerdesignation will be credited with 40 hours of sick accruals for each full year of service the

employee worked as an Executive Officer, with a minimum credit of 40 hours.

Compensation for the credited sick accruals will not be paid upon separation fromemployment.

5. Dismissal for CauseRegardless of any other provision to the contrary, upon dismissal for cause, employees shall not

receive any payments for accumulated sick leave hours.

6. Decrease in SalaryIf an employee's salary is decreased, sick accruals earned prior to the reduction in salary will be

paid off at the employee's pay rate prior to the decrease in accordance with the provisions for sick

leave payout upon separation. The last sick time earned is the first used.

C. Administrative Leave

Administrative leave may be awarded to a current employee and is not compensable upon separationfrom employment. The award of Administrative leave is at the discretion of the Department Head or

Elected Official and no employee is entitled to receive administrative leave. As an example,

Administrative leave may be granted in the following situations:

1. To Employees with Exempt Status:

In recognition of work performed by the employee significantly in excess of the employee’s regular

work week. Administrative leave is not intended to compensate Exempt Employees hour-for-hourfor work performed in excess of their scheduled hours.

2. To Any Employee:

a. When an investigation is in progress or an employee’s or the public’s security or safety is ofconcern;

b. As provided for in the Delayed Opening and Closure of County Buildings Policy.

c. To recognize an employee’s outstanding contribution to the County.

Under no circumstances can Administrative leave be used to provide paid leave in excess of

accruals or to exceed limits on leave payouts upon separation as provided in Rule 6.B.4.


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D. Family and Medical Leave Act (FMLA)

1. The County provides benefits as specified under the FMLA. The County’s policies are summarized

below, but the FMLA and decisions under it apply to interpret this section consistent with the

FMLA.

2. The purpose of FMLA is to provide up to 12 weeks of leave for eligible employees to care for

his/her own serious health condition or to care for a qualifying family member with a serious health

condition or the adoption of a child or the birth of a child, or placement of a foster child.

a. Military Caregiver Leave under FMLA allows an eligible employee who is the spouse, son,

daughter, parent or next of kin of a covered servicemember with a serious injury or illness to

take a total of 26 weeks of leave during a single 12-month period to provide care for theservicemember.

b. Qualifying Exigency Leave under FMLA allows a spouse, son, daughter, or parent of an active

covered service member who is on active duty or has been notified of an impending call ororder to active duty in support of a contingency operation to be able to take FMLA for up to 12

weeks during a 12-month period, measured rolling backward.

2. Leave Use

a. All leaves are based on a rolling backward 12-month period of time measured backward fromthe date the employee begins any leave authorized under the FMLA. Any leave taken that is for

an FMLA-qualifying purpose will count towards an employee’s total FMLA entitlement.

Employees must first use all paid accruals before taking unpaid leave. All paid accruals, andholidays, count toward the employee’s total FMLA entitlement. Employees receiving

disability income replacement benefits are not required to exhaust their vacation orcompensatory time accruals prior to receiving short term disability benefits, but will be required

to exhaust all paid accruals if disability income replacement benefits are discontinued and theemployee has not returned to work.

b. Where both spouses work for the County, 12 weeks of a combined total of FMLA is providedfor the care of an employee’s parent or for the care of an employee’s child after birth, adoption

or foster care.

3. Approval

a. Employees who are eligible for FMLA must complete a request for FMLA and provideadequate certification to establish the need for the leave. Written approval from the appropriateFMLA administrator is required.

b. Notification

(1) If the necessity for the leave is foreseeable, an employee must provide 30 days notice to his

or her supervisor and make reasonable effort to schedule planned medical treatments so as

not to disrupt the employment unit’s operations.


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(2) If the leave is unforeseeable, the employee must give notice as soon as possible to his or her

supervisor.

(3) While on leave, an employee is required to report periodically on his or her status and intentto report to work.

c. Failure to provide notification and/or appropriate medical certification or continued absenceafter denial of leave may result in an unexcused absence. An employee’s failure to provide

information does not prohibit the County from counting the leave as part of an employee’s

FMLA entitlement.

d. Medical Certification

(1) An employee eligible for FMLA must complete an FMLA Leave Request form and provideappropriate documentation, as may be requested, to verify the reasons for the leave.

Documentation confirming family relationship, adoption or foster care may be required.

4.

Reduced Work Schedule or Intermittent FMLA

a. Eligible employees may be permitted to work a reduced schedule or receive periodic time off

from work, when it is medically necessary. Appropriate medical certification and approval isrequired for this type of leave. Employees should make reasonable efforts to schedule treatment

to minimize disruption to the County’s operations. The County reserves the right to temporarily

transfer the employee to a comparable position that is less disrupted by the employee’s

recurring periods of leave. Any permitted time off, based on a reduced work schedule orintermittent leave, will be treated in the same manner as absences under the FMLA, and such

absences will be applied against the leave permitted under such policy.

5. Benefits while on FMLA

a. While an employee is using paid accruals, the employee’s portion of benefit premiums will bededucted each pay period. If the leave is unpaid, in order to retain insurance benefits, the

employee must submit the employee’s portion of the premium to Human Resources.

b. Vacation and sick hours shall not accrue during unpaid leave.

c. The County will not make any contribution towards any retirement programs during unpaid

leave.

d. The County shall continue payment of its portion of any applicable employee benefits.

6. Return from Leave

a. An employee (except for certain highly compensated employees) upon returning from leave

will be reinstated to the same or an equivalent position subject to the rules of the FMLA.

b. Medical certification may be required certifying an employee’s ability to return to work from

FMLA, if leave is taken for an employee’s own serious health condition .


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c. After the exhaustion of FMLA, the employee must return to work or be placed on authorized

leave. Employees must request additional leave in advance and obtain approval before the

exhaustion of FMLA.

E. Colorado Family Care Act

The Colorado Family Care Act allows for 12 weeks unpaid, job protected leave within a 12-month

period (rolling backward) to care for the employee’s partner in a civil union or same-sex domestic

partner as specified in the Act.

F. Medical Leave

Medical leave will count toward calculating FMLA entitlement. Medical leave, when combined with

all other leaves, may not total more than 6 months of leave, unless otherwise required by law.

1. Paid Medical Leave Status

Employees who have exhausted their FMLA entitlement and have accruals will be placed on Paid

Medical Leave if they use their accruals for any purpose for which FMLA may be used.

a. Employees who are not eligible for FMLA and have accruals will be placed on Paid Medical

Leave, when they use accruals for any purpose for which FMLA may be used.

b. Employees must comply with the rules governing the use of such accruals.

c. Medical certification and periodic medical updates may be required.

2. Unpaid Medical Leave Status

Employees who have exhausted all paid accruals and have used their FMLA entitlement may be

placed on Unpaid Medical leave for any purpose for which FMLA may be used.

a. Employees who are not eligible for FMLA and have no accruals will be placed on Unpaid

Medical Leave for any purpose for which FMLA may be used.

b. Medical certification and periodic medical updates may be required.

c. The County will continue to pay its portion of the premiums during the Unpaid Medical Leave

only if: (i) the leave is for the employee’s own serious health condition (ii) the employee

submits the employee’s portion of the benefits premium to Human Resources.

d. Vacation and sick hours shall not accrue during the period of Unpaid Medical Leave. TheCounty will not make any contribution during that period for retirement.

e. Unpaid Medical Leave is granted at the discretion of the Department/Division Director, County

Manager, Elected Official, Appointed Official or Board.


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G. Leave for On-the-Job Injuries

1. Notification and Reporting

a.

An employee, or if the employee is incapable of doing so, the employee's supervisor, must

notify Risk Management within twenty-four (24) hours, of any job related injury which renders

the employee incapable of performing normal job duties. Notification can be made by phone,

voice mail, fax, or e-mail.

b. During any on-the-job injury leave, employees shall keep their supervisor and RiskManagement informed of their medical status. Employees may be denied leave under this

provision if it is determined that the employee did not suffer a job-related injury.

c. Employees are required to return to work unless the employee’s designated treating physicianreports the employee is unable to work. A medical release to return to work from a County

designated health care provider is required prior to an employee’s return to work .

2. Medical Examinations and Treatment

As provided under the Workers’ Compensation Act of Colorado, the County requires employees

with on-the-job injuries to be examined and treated by an authorized treating physician at the

County's expense, except in a life or limb threatening emergency. If the employee does not accepttreatment by a County's designated health care provider, the treatment will be at the employee's

expense. Failure to follow established policy may affect the employee's Workers’ Compensation

benefits. Benefit eligible employees will be compensated for time missed from work due tomedical appointments and treatments authorized by the employee’s designated treating physician.

Only time taken during regularly scheduled hours that is reasonably necessary to attend

appointments and treatment will be compensated, and the employee must accurately report such

time. Compensation for time for medical treatment ends when the employee reaches maximummedical improvement.

3. Injury Leave with Pay

Employees in benefit eligible positions may be given Injury Leave with Pay for up to 120 working

hours, or equivalent pro-ration, if the employee’s authorized treating physician has indicated thatthe employee is unable to work. Non-benefit eligible employees may be given Injury Leave withPay for up to 24 working hours if the employee’s authorized treating physician has indicated that

the employee is unable to work. An employee who has been authorized to return to modified duty

and refuses an assignment is not entitled to Injury Leave with Pay. Injury Leave with Pay endswhen the employee is no longer eligible for temporary total disability benefits in accordance with

the Workers’ Compensation Act of Colorado or the employee is separated from County

employment or accepts another County position. Such leave will count toward an employee’s

annual FMLA entitlement.


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4. Modified Duty Assignment

Employees who have been injured on the job and have not been released by a County designatedhealth care provider to return to their regular position may be eligible for modified duty

assignment, if made available by the employee’s work unit or Risk Management. Employees

eligible for a full time modified duty assignment that would not otherwise provide their full salary

may receive full salary payments for up to 180 calendar days from the date of injury. Continuationin such a modified duty assignment for longer than 180 calendar days from the date of injury may

result in a reduction of salary. Employees must receive a written release from their authorizedtreating physician to return to modified duty assignment. Any employee who refuses modified duty

after being provided a written offer of modified duty assignment shall no longer be eligible for

Injury Leave with Pay. Such employee may be placed on leave without pay or may use sick leave,

other paid leave, or unpaid medical leave, as permitted under the FMLA and the Workers’ Compensation Act of Colorado.

5. Unpaid Injury Leave with Workers’ Compensation Benefits

a. ApplicabilityIf the employee has used all of his or her Injury Leave with Pay and remains entitled to

temporary total disability benefits under the Workers’ Compensation Act of Colorado, the

employee will be placed on unpaid injury leave and receive Workers’ Compensation benefits inaccordance with the Workers’ Compensation Act of Colorado. Such leave will count toward an

employee’s annual FMLA entitlement. An employee receiving such benefits will not receive

salary from the County.

b. Benefits

Vacation and sick hours shall not accrue during the period of unpaid injury leave. The Countywill not make any contributions during unpaid leave towards any retirement programs. To

retain benefits while on leave, the employee must submit the employee’s portion of the premium to Human Resources on or before pay day. In the event that an employee fails toreturn from leave, the employee will be liable for the premiums paid by the employer to

maintain insurance coverage unless: (1) the employee’s failure to return to work stems from the

continuation, recurrence or onset of a serious health condition of the employee or family

member; or (2) the failure to return stems from circumstances beyond the control of theemployee as determined by the County.

c. Termination of unpaid injury leave

Unpaid injury leave under this section ends when the employee is no longer eligible for

temporary total disability benefits in accordance with the Workers’ Compensation Act of

Colorado or the employee is separated from County employment or accepts another County position. Unpaid injury leave shall not exceed 6 consecutive months from the date the employee

was first absent for a work-related injury, unless otherwise required by law.


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H. Military Leave

Employees who are active in the National Guard or a branch of the Armed Forces Reserves will be

eligible for 15 days (not to exceed 120 hours) per calendar year of paid military leave for authorizedtraining or active service as provided under Colorado law. Employees must exhaust this paid military

leave first before using vacation or compensatory time. Employees must request leave with reasonableadvanced notice when possible. Employees must provide written documentation from the proper

authority specifying the dates of training or service and verifying that the service or training has beenordered or authorized.

1. Paid Military Leave

a. If a Benefit Eligible employee is called to military active duty, the employee may use vacationor compensatory time. An employee on paid military leave will be paid for any holidays

occurring during the time that the employee is using vacation or compensatory time.

b. After use of the 15 days (not to exceed 120 hours) per calendar year of paid military leave and

as much accrued vacation or compensatory time as the employee chooses, the employee willreceive differential pay in the amount of the difference between the employee's military pay and

the employee's salary. Differential pay will be treated as wages.

c. Eligible employees should submit their information regarding their active duty status and theamount of their military pay to Human Resources. Differential pay will be limited to eighteen

months. An employee receiving differential pay will not be paid for holidays.

2. Unpaid Military Leave

a. If a Benefit Eligible employee is called to military active duty and the employee does not use

vacation or compensatory time and does not receive differential pay, the employee will be placed on unpaid military leave.

b. If a Benefit eligible employee reaches the limit of eighteen months of differential pay, theemployee will be placed on unpaid military leave.

I. Court Leave

1. Any Benefit Eligible employee who is required to report for jury duty during regularly scheduled

work time shall be granted court leave with full pay to serve in that capacity. Employees who are

not benefit-eligible who are required to report for jury duty during regularly scheduled work timeshall be granted court leave with full pay to serve in that capacity for up to three days.

2. An employee who has been granted court leave with pay in excess of five (5) working days mustturn over to the County any fee paid by the court, except pay for travel, which may be retained by

the employee. In the event that court fees are not turned over to the County, the total of fees paid,

with the exception of travel, may be deducted from the employee's pay.


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J. Discretionary Leave Without Pay

1. Approval

With prior written approval of the appropriate Department/Division Director, County Manager,

Elected Official, Appointed Official, or Board, an employee may be granted Discretionary Leave

without Pay for a period not to exceed one year if the employee provides written intent to return towork and such leave will not unduly disrupt operations.

2. Benefits

Vacation and sick hours shall not accrue during periods of Discretionary Leave Without Pay. The

County will not make any contribution during that period for retirement or group insurance

programs. However, the employee may be eligible to participate in certain group insurance

programs at the employee’s expense. Information as to availability of continuing participation ingroup insurance programs may be obtained from Human Resources.

K. Leave for Victims of Domestic Abuse

In compliance with Colorado Revised Statute §24-34-402.7, the County offers leave to those

employees who are victims of domestic abuse.

L. Leave Administration

1. Failure to Return to Work from Approved LeaveEmployees who fail to return to work at the end of any approved leave will be treated as having

resigned. Under these circumstances, the County may recover the premium amounts paid for health

coverage during the leave, within the limitations of the FMLA, if applicable.

2. Leave LimitationUnless otherwise required by law the use of combined leaves may not exceed one year of absence,

including the use of sick accruals, vacation accruals, compensatory time accruals, leave authorizedunder the FMLA, Injury Leave With Pay, Unpaid Injury Leave, Medical Leave Paid or Unpaid, and

Discretionary Leave Without Pay.

3. Absence Reporting

Regardless of the type of leave granted, the employee, or the employee’s supervisor , if the

employee is incapacitated, must complete and submit the appropriate absence report form.

4. Unexcused Absence

An employee who is absent from duty without approval shall receive no pay for the duration of theabsence. Employees who fail to return to work at the end of any approved leave or fail to report towork without notice or approved leave for three consecutive work days will be treated as having

resigned.

5. Accuracy of Leave ReportingAll use of leave must be accurately reported. In addition, employees using Family Medical Leave

or other leave (except personal leave and vacation) must provide accurate information regarding the

necessity of the leave and duration of the leave.


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Section 7: Employee Conduct page 30

Section 7: Employee Conduct

A. Harassment

1. The County strives to maintain a working environment that encourages mutual respect and

promotes professional and congenial work relationships. All employees are expected to be

respectful of others and refrain from conduct that is inappropriate in the workplace. Harassment isexpressly prohibited and will not be tolerated.

2. Definition

a. Harassment is defined as verbal or physical conduct that denigrates or shows hostility or an

aversion to an individual because of his or her race, national origin, religion, gender, age, sexualorientation, or disability and that:

Creates an intimidating, hostile, or offensive work environment,

Unreasonably interferes with an individual’s work performance, or

Adversely affects an individual’s employment opportunities.

b. Sexual harassment is defined as unwelcome gender-based verbal or physical conduct, including

sexual advances and requests for sexual favors, where: Submission to such conduct is an explicit or implicit term or condition of employment;

Employment decisions are based on submission to or rejection of such conduct; or

Such conduct unreasonably interferes with an individual's work performance or creates an

intimidating, hostile or offensive working environment.

3. Reporting

a. All employees are responsible for reporting any suspected harassment.

b. An employee who believes that he or she has been subjected to harassment should report thematter promptly to his or her supervisor, or if the supervisor is involved, any other supervisor in

the Department, Division or Office or directly to Human Resources. Those who receive a report

must refer the complaint to Human Resources at the earliest opportunity. If the complaint isdirected toward an employee in Human Resources, the complaint should be referred to the

County Manager or the County Attorney.

c. The report may be made verbally, via e-mail, or in writing and should include all facts.

d. Information about harassment complaints will be shared only as necessary to investigate the

matter, to take any appropriate action, or as otherwise required by law.


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4. Investigation

a. Any report alleging conduct that constitutes harassment as defined previously will be promptly

and thoroughly investigated. b. The nature and length of the investigation will vary depending upon the details of the report and

the circumstances. The investigation may include interviews with involved employees,

including the alleged harasser and those employees who may have knowledge of the relevantfacts.

c. Management will take prompt and appropriate corrective action if it is determined that an

employee has engaged in harassment in violation of this policy.

5. Non-retaliation

Adverse treatment of any employee that is in retaliation for the employee’s report of harassment or

provision of information related to a harassment complaint will not be tolerated. Employees who believe they are suffering adverse treatment because they reported harassment or provided

information related to a harassment complaint should immediately report the matter to a supervisor

in their Department, Division, Office, or to Human Resources.

B. Violence in the Workplace

The County will not tolerate any intimidation, threats of, or direct violence by an employee toward anyemployee or other internal and external customers. This provision does not apply to law enforcement

professionals in the course of their employment.

C. Outside Employment and Business Interests

1. No County employee shall engage in any outside employment or other activity incompatible with

the proper discharge of the employee's office or position. Employment with an employer other thanthe County requires the approval of the appropriate Department/Division Director, County

Manager, Elected Official, Appointed Official, or Board.

2. It shall be a conflict of interest for a County employee or a member of the employee's immediate

family to have a personal interest in any business transaction within the employee's area of

influence in County government. In the event of such a conflict, the employee shall immediately

disclose the interest to his or her supervisor, Department/Division Director, County Manager ,Elected Official, Appointed Official, or Board and immediately disqualify himself/herself from

making any decisions involving such business transaction or relationship.

D. Multiple County Positions

1. No County employee shall hold more than one position concurrently within the County’s personnel

system.

2. Exception: Any non-Clerk and Recorder employee of the County may act as an election worker for

elections held on days when the employee is not otherwise required to work. Employees who work

as an election worker shall receive for such services only the pay authorized for all electionworkers, together with any holiday, vacation or other pay to which the employee would otherwise

be eligible.


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E. Conflict of Interest – Perceived and Actual

1. Employees shall not be involved in a conflict of interest nor create the appearance of a conflict of

interest.

a. Employees must report to their supervisor any situation where there may be a conflict of interest

or the appearance of a conflict of interest.

b. A conflict of interest occurs when employees use their position to secure advantage or favor for

themselves, their family, or friends; or where an employee’s private interests interfere or could

be perceived to interfere with the employee’s duties and responsibilities as an employee.

2. Relative Employees

a. A relative is defined as anyone related to a current County employee regardless of position/status, by blood, adoption, domestic partnership or marriage, including spouses,

domestic partners, children, parents, grandparents, siblings, aunts, uncles, nieces, nephews or

any similar step-relations.

b. It is a conflict of interest to have two relatives in positions where:

(l) A relative directly or indirectly through one or more subordinate supervisors, has

supervisory, appointment, or dismissal authority over another relative; or

(2) A relative audits, verifies, receives or is entrusted with moneys received or handled byanother relative; or

(3) A relative has access to the employee's confidential information including payroll and

personnel records.

c. Employees have a duty to notify Human Resources if they are aware that their relative is seeking

employment that may lead to such a conflict of interest.

d. An employee may request voluntary transfer of position to avoid or eliminate such a conflict or

the Department/Division Director, County Manager, Elected Official, Appointed Official, or

Board may determine what action is necessary to avoid or eliminate the conflict.

e. Exceptions: This rule does not apply to any conflict of interest between relative employees that

existed before October 1, 2009 and to temporary employees who are hired and deputized by the

Clerk and Recorder to perform work related to an election.

3. Compensation and GiftsAll employees and any member of the employee's immediate family shall comply with Article

XXIX of the Colorado constitution. Employees are responsible for ensuring that any gifts, meals,

travel expenses, or other things of value that they accept are in compliance with Colorado law.Employees who have questions about what they may accept should contact their supervisor or the

County Attorney’s Office.


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4. Purchasing Standards

Employees shall not participate in selection, award, or administration of contracts if a conflict of

interest, real or apparent, is involved as outlined in the Purchasing Policy. (Cross Reference:

Purchasing Policy, Jefferson County Policy Manual.)

F. Use of County Property

Employees shall not use County property or equipment for the employee's private use or for any otheruse not in the interest of the County except as otherwise provided by the County’s Policy Manual or the

Rules. Employees are responsible for knowing and complying with all applicable County policies,

including the Use of Information Technology Services Policy. (Cross Reference: Jefferson CountyPolicy Manual.)

G. Confidential Information

Employees shall not disclose, nor use for their benefit or that of any other person, confidential

information that is not available to the public, acquired by reason of their employment with the County.

This applies to any form of communication, including information posted on social networking sites.

H. Drug Free Workplace

1. The County complies with the Drug Free Workplace Act of 1988, as amended. The County will

make a good-faith effort to maintain a drug-free workplace. The County prohibits the unlawful

manufacture, distribution, dispensing, possession or use of controlled substances in the workplace.

Controlled substance means a controlled substance as defined in the Drug Free Workplace Act of1988, as amended, and includes marihuana. Violation of this policy will result in disciplinary or

corrective action, up to and including dismissal. Employees required to maintain a Commercial

Driver's License (CDL) in the performance of their duties must also comply with all applicablelaws and regulations.

2. Employee Responsibilities:a. It is the duty of every County employee to report their criminal convictions for drug-related

activity on personal time or County time no later than five days after a conviction. This

requirement is mandated by the Drug-Free Workplace Act of 1988. Upon notification, the

County will take action in compliance with the Drug Free Workplace Act and Regulations.

b. Employees shall report to work on time and in appropriate mental and physical condition for

work.

c. Employees shall not participate in the unlawful manufacture, distribution, dispensation,

possession or use of a controlled substance on County premises or while conducting County

business off County premises.d. The County recognizes drug dependency as an illness and a major health problem. The County

also recognizes drug abuse as a potential health, safety and security problem. Employees

needing help in dealing with such problems are encouraged to use the County's Employee

Assistance Program and health insurance plans, if eligible. Conscientious efforts to seek suchhelp will not jeopardize any employee's job, and will not be used as grounds for disciplinary

action.


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I. Employee Drug and Alcohol Testing

1. Reasonable Suspicion

a. The County may require that an employee be tested for alcohol and/or drugs at any time

while on duty if the supervisor or person in a supervisory position has reasonable

suspicion that the employee is or was impaired or under the influence of drugs oralcohol while on duty.

b. Reasonable suspicion is based on the following:

(1) A supervisor or person in a supervisory position personally observes an employee’s conductthat suggests that the employee is impaired or under the influence of drugs or alcohol. Such

behavior may include unusual demeanor, appearance, or conduct, slurred speech, lack of

balance, excessive aggressiveness, docility, or drowsiness, or the smell of alcohol or illegal

drugs.

(2) Actual possession of or use of alcohol or illegal drugs on the job (unless required in the

performance of the employee’s job duties).

(3) Other facts or circumstances that suggest that the employee is impaired by or under the

influence of drugs or alcohol.

2. Refusal to Submit to Testing

a. An employee who refuses to submit to drug and alcohol testing as required by this policy shall be deemed to have tested positive for illegal drugs or alcohol and to be impaired on the job.

b. Refusal to submit to testing may include any of the following:

(1) Refusal to take the test.

(2) Inability to provide sufficient breath or urine to be tested within four hours of request,without a valid medical explanation.

(3) Tampering with or attempting to tamper with or adulterate the specimen or collection

procedure.

(4) Refusal to provide the necessary authorization for obtaining hospital reports and other

documents as required.

3. This policy does not prevent the County from requesting that an employee be tested for drugs oralcohol or requiring that the employee be tested for drugs or alcohol as a condition of continued

employment based on an employee’s admission or other evidence of violation of the County’sdrug and alcohol policy.

J. Political Activities

1. Employees shall not engage in any campaign activity while on County time.


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2. Employees shall not be required to contribute cash, gifts, gratuities, time or anything else of value to

political activities or to the election campaign of any elected official or political candidate.

Candidates shall not solicit contributions, directly or through a designee, of cash, in-kind

contributions, or time from their employees except as such solicitations may occur as part of a massmailing, email, or similar broad-based campaign strategy.

K. SafetyEmployees shall follow proper operating procedures designed to prevent injuries in the workplace.

Unsafe conditions or behavior encountered in the workplace shall be reported to the supervisor.

L. Personal Property

The County is not responsible for replacing any lost, stolen or damaged personal property.

M. Internal Searches

The County reserves the right to conduct internal investigations for purposes relating to security,

misconduct, auditing, or retrieval of County property. Upon its discretion, the County may, at any time,search work areas, including but not limited to desks, filing cabinets, lockers, computer files, and

County vehicles. Employees must cooperate with any such investigation.

N. Physical or Mental Condition

When, in the judgment of a Department/Division Director, County Manager, Elected Official,

Appointed Official, or Board, an employee's physical or mental condition is such that it appears toaffect adversely the employee's ability to perform the duties of the employee's position or to threaten

the health and/or safety of other employees or the general public, the County may require the employee

to undergo examination by a County designated health care provider. An employee examined under the

provisions of this policy shall be placed on paid leave during this evaluation. Based on the evaluationresult, an employee may be terminated from County employment, or may be required to use paid or

unpaid leaves if the employee’s physical and/or mental condition interferes with the performance of the

employee's job or makes the individual a hazard to other employees or the general public.

O. Reporting of Employee Conduct Violations and Illegal and Dishonest Behavior

Employees shall report observed or reported violations of these Rules or illegal, dishonest, fraudulentactivity to their supervisor, Department/Division Director, County Manager, Elected Official,

Appointed Official or its Board, or Human Resources. Intentional false reporting is prohibited. The

reporting employee shall be kept confidential unless otherwise required by law or court order.

Retaliation will not be tolerated.


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Section 8: Disciplinary and Corrective Actions page 36

Section 8: Disciplinary and Corrective Actions

A. Definition

Disciplinary and corrective actions include actions taken by the supervisor, Department/Division

Director, County Manager, Elected Official, Appointed Official, or Board against an employee forcause, including but not limited to counseling, warning, reprimand, suspension, review status,

demotion, reassignment or dismissal.

B. Grounds for Action

Cause for disciplinary and corrective action may include acts involving unsatisfactory work

performance by an employee or employee conduct prejudicial to the public interest, including but notlimited to:

1. Violation of any provision in these Rules or any applicable Policy, Procedure, or regulation;

2. Violation of a Department, Division or Office directive or rule;

3. Neglect of duty (wasting time on the job, loafing, abuse of break privileges, etc.);

4. Interference with employment unit, Department, Division, Office and/or other operations

(interrupting the work of others, gossip, etc.);

5. Inability to perform assigned duties

jefferson county personnel rules 2016

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