Section 1: Introduction
page 1
Table of Contents
Section 1: Introduction .................................................................................................................................... 3
A.
Purpose................................................................................................................................................ 4
B. Applicability ....................................................................................................................................... 4
Section 2: Administration ............................................................................................................................... 5
A.
Authority ............................................................................................................................................. 5
B.
Personnel File...................................................................................................................................... 5
C.
Positions .............................................................................................................................................. 7
B.
At Will Status...................................................................................................................................... 9
C.
D.
E. Qualifications .................................................................................................................................... 11
Section 4: Work Schedules and Salary Administration ................................................................................ 13
A.
Schedules .......................................................................................................................................... 13
Benefits ............................................................................................................................................. 16
B.
C.
D.
E.
F.
G.
B.
C.
D.
F.
G.
Section 1: Introduction
page 2
J.
K.
L. Leave Administration........................................................................................................................ 29
Section 7: Employee Conduct ....................................................................................................................... 30
A.
Harassment ........................................................................................................................................ 30
B.
C.
D.
E.
F.
G.
J.
Political Activities............................................................................................................................. 34
K.
Safety ................................................................................................................................................ 35
L.
O. Reporting of Employee Conduct Violations and Illegal and Dishonest Behavior ........................... 35
Section 8: Disciplinary and Corrective Actions............................................................................................ 36
A.
Definition .......................................................................................................................................... 36
B.
C.
D. Exception .......................................................................................................................................... 38
Section 9: Separation From The County ....................................................................................................... 39
A.
Resignation ....................................................................................................................................... 39
B.
Dismissal ........................................................................................................................................... 39
C.
Reorganization .................................................................................................................................. 39
D.
E.
F.
B.
Section 1: Introduction
Section 1: Introduction
page 3
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 of
the 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 so
long 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 effective
December 10, 2015.
Section 1: Introduction
page 4
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 upon
resolution 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 the
Executive 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 Sheriffs Office, Library and District Attorneys
Office employees.
b. The Sheriffs Office, Library and District Attorneys Office shall be the custodian of the
Personnel Records for their respective employees.
2. Work Authorization Records
Human Resources shall obtain and maintain documents regarding the work authorization of all
employees, as required by law.
3. Medical Records
Employee 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 Attorneys Office, Human Resources, auditors, or as required by
law. Others may review a file with the written permission of the employee whose file is being
reviewed.
Section 2: Administration
page 5
Section 2: Administration
page 6
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Authority
Board of County Commissioners
County Manager
Board of County Commissioners
County Attorney
Coroner
Coroner
County Manager
Public Health Board of Directors
Public Health Executive Director
Library Board of Trustees
Clerk and Recorder
Treasurer
Public Trustee
District Attorney
Sheriff
Assessor
page 8
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 to
any 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 of
employment 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 to
work 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 an
Executive 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. Each
Department/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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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 employees 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 employees 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 employees 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 background
check. 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.
Section 3: Classification System
page 11
page 12
page 13
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B. Salary Administration
1. Pay Day
Employees are paid bi-weekly with payday being every other Friday.
2. Pay Adjustments
a. Performance Increases
Performance increases may be granted to any employee at the end of a probationary period, at
the time of annual evaluation, or at such other time as may be deemed necessary in the
discretion of the appropriate Department/Division Director, County Manager, Elected Official,
Appointed Official, or Board, provided that such performance increase is within the employee's
pay grade.
b. Personnel Action forms should be submitted timely and in accordance with the payroll
schedule. In extenuating circumstances where appropriate Personnel Actions were not
submitted, retroactive pay may be paid for up to three months. Retroactive pay of more than
three months can be paid only with the approval of the County Manager.
c. All personnel actions are effective on the beginning of the pay period following proper approval
of the change, with the exception of new hires, any action resulting in termination of
employment, and performance reviews without a pay adjustment.
3. Shift Differential
Employees required to work different shifts may be paid a differential for designated shifts as
determined by the Department/Division Director, County Manager, Elected Official, Appointed
Official, or Board.
4. Performance Evaluation
All employees in Standard Positions should receive, at a minimum, a written performance
evaluation annually and prior to the completion of any probationary period. The date for the annual
performance evaluation is designated by the Department/Division Director, County Manager,
Elected Official, Appointed Official, or Board.
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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 qualifying
event.
2. Each year, the Board of County Commissioners may determine the Countys contribution towards
medical 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 health insurance coverage upon the employees 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. The
employee 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 Countys contribution towards
dental 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 employees 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 all
applicable laws.
Section 5: Benefits
page 16
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 Countys 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 Countys deferred compensation plans.
F. Life Assistance Program
The County provides a Life Assistance Program to all Benefit Eligible employees and their immediate
family or household.
G. Disability Benefits
1. The County provides short term disability insurance. In the event of an injury or illness that is not
work related that prevents an employee from working a benefit eligible employee may apply for
short term disability benefits with the Countys short term disability provider. An employee must
use all sick accruals in order to receive short term disability benefits; claims must be filed within 90
days of the injury or illness. A waiting period for disability benefits will apply as per the Countys
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 income
replacement benefits will not receive salary from the County. To retain benefits while on leave the
employee must submit the employees portion of the premium to Human Resources.
2. The County provides long term disability insurance for Benefit Eligible employees who are
scheduled 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 Countys long term disability provider. Before long term disability
benefits can be determined the employee must have already filed for short term disability benefits
within 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 County
employment 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.
Section 5: Benefits
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16 or more years
Positions
1. Earning Rate
All calculations for vacation time shall be based on the number of scheduled hours worked per day
and per week.
annual
annual
annual
maximum maximum maximum of
of 96 hours of 120
144 hours
hours
Pro-rated
annual
maximum
of 168 hours
none
Based on terms of program/grant
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
0 through the end of 5 years (<6 years)
6 through the end of 10 years (<11 years)
11 through the end of 15 years (<16 years)
16 or more years (>16 years)
(3) Accumulation in excess of the maximum accrual shall be forfeited on January 1 of each
year, except where the employee has been denied the opportunity to take vacation time or
special circumstances exist and approval to exceed the maximum accrual has been approved
by the Department/Division Director, County Manager, Elected Official, Appointed
Official, or Board and by resolution of the Personnel Board.
c. Vacation time does not accrue during a leave without pay or while an employee is receiving
disability income replacement benefits or workers compensation.
3. Use
a. Approval: Vacation time must be earned before taken and requires the prior approval of the
employees supervisor.
b. Scheduling: A supervisor may require an employee to take vacation time off pursuant to a
schedule or by a certain date.
4. Payout of Vacation Accruals Upon Separation
a. Employees are paid for all unused vacation accruals at their pay rate at time of separation from
employment with the County except as provided in subsection b.
b. Decrease in Salary: If an employee's salary is decreased for whatever reasons and the employee
leaves employment within one year of the effective date of the pay decrease, vacation accrual
payoff shall be calculated using the employee's hourly pay rate prior to the decrease.
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B. Sick Time
Positions
1. Earning Rate
All calculations for sick time shall be based on the number of scheduled hours per week.
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 employees spouse,
parent, child or foster child without regard to age, any persons living in the employees
household, 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 their
absence; keep their supervisor informed of their condition and expected day of return; and
furnish 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 provide
satisfactory 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
employees return to work.
Section 6: Vacation, Sick and Other Leave
page 20
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 an
employee's or his or her spouses family member related by blood, marriage, or adoption, foster
child, or person living in the employees 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 any
accumulated 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 Payoff
In 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 Payoff
In 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 for
all 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 Officer
designation 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 from
employment.
5. Dismissal for Cause
Regardless 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 Salary
If 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 separation
from 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 employees regular
work week. Administrative leave is not intended to compensate Exempt Employees hour-for-hour
for work performed in excess of their scheduled hours.
2. To Any Employee:
a. When an investigation is in progress or an employees or the publics security or safety is of
concern;
b. As provided for in the Delayed Opening and Closure of County Buildings Policy.
c. To recognize an employees 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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(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 intent
to report to work.
c. Failure to provide notification and/or appropriate medical certification or continued absence
after denial of leave may result in an unexcused absence. An employees failure to provide
information does not prohibit the County from counting the leave as part of an employees
FMLA entitlement.
d. Medical Certification
(1) An employee eligible for FMLA must complete an FMLA Leave Request form and provide
appropriate 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 is
required for this type of leave. Employees should make reasonable efforts to schedule treatment
to minimize disruption to the Countys operations. The County reserves the right to temporarily
transfer the employee to a comparable position that is less disrupted by the employees
recurring periods of leave. Any permitted time off, based on a reduced work schedule or
intermittent 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 employees portion of benefit premiums will be
deducted each pay period. If the leave is unpaid, in order to retain insurance benefits, the
employee must submit the employees 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 employees ability to return to work from
FMLA, if leave is taken for an employees own serious health condition.
Section 6: Vacation, Sick and Other Leave
page 24
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 employees 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.
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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 Risk
Management 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 employees designated treating physician
reports 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 employees 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 accept
treatment 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 to
medical appointments and treatments authorized by the employees 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 maximum
medical 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 employees authorized treating physician has indicated that
the employee is unable to work. Non-benefit eligible employees may be given Injury Leave with
Pay for up to 24 working hours if the employees 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 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. Such leave will count toward an employees
annual FMLA entitlement.
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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 authorized
training 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 reasonable
advanced 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 been
ordered or authorized.
1. Paid Military Leave
a.
If a Benefit Eligible employee is called to military active duty, the employee may use vacation
or 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 will
receive 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 the
amount 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, the
employee 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 time
shall 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 must
turn 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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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 employees expense. Information as to availability of continuing participation in
group insurance programs may be obtained from Human Resources.
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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 relevant
facts.
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 employees 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 any
employee 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 than
the 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 Countys 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 election
workers, together with any holiday, vacation or other pay to which the employee would otherwise
be eligible.
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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 other
use not in the interest of the County except as otherwise provided by the Countys 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 County
Policy 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 of
1988, 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 applicable
laws 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 such
help will not jeopardize any employee's job, and will not be used as grounds for disciplinary
action.
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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 mass
mailing, email, or similar broad-based campaign strategy.
K. Safety
Employees 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 to
affect 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 evaluation
result, an employee may be terminated from County employment, or may be required to use paid or
unpaid leaves if the employees 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, fraudulent
activity 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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4. Suspension
a. The appropriate Department/Division Director, County Manager, Elected Official, Appointed
Official, or Board may suspend an employee.
b. Verification of any such suspension shall be made in writing to the employee listing the reasons
for suspension.
c. Suspension shall be without pay to a maximum of 10 working days as determined by the
appropriate Department/Division Director, County Manager, Elected Official, Appointed
Official, or Board, unless a longer period of time is approved by the Human Resources
Director. An employee shall not earn vacation and sick leave while suspended.
d. The Complaint Procedure may be used by the suspended employee.
5. Demotion
a. The appropriate Department/Division Director, County Manager, Elected Official, Appointed
Official, or Board may demote any employee other than a Regular Status employee in a
Standard Position at any time without notice or procedure. The appropriate
Department/Division Director, County Manager, Elected Official, Appointed Official, or Board
may demote a Regular Status employee in a Standard Position by giving the employee a written
notice of intent to demote, setting forth the reasons.
b. For Regular Status employees in Standard positions, the demotion shall become final within 3
working days of the notice, unless the employee invokes the Complaint Procedure.
6. Dismissal
a. The appropriate Department/Division Director, County Manager, Elected Official, Appointed
Official, or Board may dismiss an employee with At Will status at any time with or without
cause. The Department/Division Director, County Manager, Elected Official, Appointed
Official, or Board may dismiss a Regular Status employee in a Standard Position by giving to
the employee a written notice of intent to dismiss, setting forth the reasons.
b. Dismissal of an employee with At Will Status is effective immediately.
c. Dismissal of a Regular Status employee in a Standard Position shall become final within 3
working days of notice of intent to dismiss, unless the employee invokes the Grievance
Procedure. During the 3 working days of notice of intent to dismiss, the employee shall be
placed on administrative leave with pay, unless the employee has been on an unpaid leave
status; in which case the employee shall stay on unpaid leave status until the final decision is
rendered.
D. Exception
Sheriff's Office employees shall comply with the disciplinary and grievance procedures of the Sheriff's
Policy and Procedure Manual, as the Sheriff adopts and amends from time to time.
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D. Medical Separation
1. An employee who is no longer able to perform the essential functions of his or her position with or
without reasonable accommodation may be separated from County employment. Employees with
At Will Status may be separated at any time without notice or procedure. A Regular Status
Employee in a Standard Position separated from County employment for medical reasons must be
given a Notice of Intent to Separate. The separation will be final within 3 working days of the
notice, unless the employee invokes the Grievance Procedure. If the County sends notice via
regular mail, the employee will have an additional 2 working days from the date of the notice in
which to invoke the Grievance Procedure.
2. Re-employment
Any former employee separated from County employment due to disability or on-the-job injury
may be placed into a position vacancy without a recruitment process. Any employee hired in these
circumstances must be able to perform the essential functions with or without reasonable
accommodation and must meet the minimum qualifications for the position and serve the required
probationary period. Employees hired more than 30 days after medical separation should have a
new date of hire and be subject to all forms and conditions of a new employee.
E. Separation Pay
Upon Separation from employment, the County will pay all employees their Separation Pay, which will
include their salary due and owing and payment of accrued leave if eligible.
F. Severance Agreement
1. The County may, at its sole discretion, offer a severance agreement when doing so is in the best
interest of the County. Payments will not require Personnel Board approval when made pursuant to
a release agreement approved by the County Attorneys Office if they are within the following
guidelines:
a. Employees employed less than one year: severance not in excess of 2 weeks pay.
b. Employees employed more than one year: severance not in excess of 2 weeks pay for the first
year plus one weeks pay for every additional year of uninterrupted service.
c. Division Directors: severance not in excess of the greater of the amount specified in paragraph
b. or 3 months pay.
d. Department Directors and above: severance not in excess of the greater of the amount specified
in paragraph b. or 4 months pay.
2. All periods for severance pay will run from the day following the date of separation from
employment, regardless of the date of execution of the release. In the event the release contains a
rescission clause, severance pay will not be paid until after the rescission period of the release has
expired.
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3. Severance can only be paid to employees who execute a release agreement approved by the County
Attorneys Office or in conformance with the terms of a valid written employment contract
executed by the Board of County Commissioners.
G. Return of County Property
An employee leaving County service is responsible for returning all County property provided during
the course of employment. Failure to return County property will result in the employee's final
paycheck being held and/or the amount of the property value deducted from the paycheck as
recommended by the appropriate Department/Division Director, County Manager, Elected Official,
Appointed Official, or Board.
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B. Grievance Procedure
Any Regular Status employee in a Standard Position may invoke the Grievance Procedure following a
Notice of Intent to Dismiss, Notice of Intent to Layoff, or Notice of Intent to Separate for medical
reasons. The Grievance Procedure must be invoked within 3 working days after receipt of the Notice.
1. Personnel Conference
a. Employee Request
Within 3 working days of the written Notice, an employee may request in person, by phone or
in writing that Human Resources set up a Personnel Conference. If the employee fails to request
a Personnel Conference within 3 days, the dismissal shall be effective.
b. Date of Conference
Within 3 working days, or as soon as practical from the date of the employee's request, Human
Resources shall set up a Personnel Conference with the County Manager, Elected or Appointed
Official. At the Personnel Conference, the employee shall be given the opportunity to discuss
and answer the charges made in the Notice of Intent to Dismiss. No one shall be represented by
legal counsel at the Personnel Conference.
c. Final Decision
Following the Personnel Conference the County Manager, Elected or Appointed Official, or
Board will make a final decision. A written decision shall be sent by certified mail to the
employee within 3 working days of the Personnel Conference. The employee shall continue on
administrative leave with pay until the date the final decision is rendered after the Personnel
Conference, unless the employee has been on an unpaid leave status; in which case the
employee shall stay on unpaid leave status until the final decision is rendered.
d. Decision Reversal
If the County Manager, Elected or Appointed Official, or Board reverses the decision to dismiss
the employee, the employee shall be placed in his or her position held prior to the notice of
dismissal or a similar position at the same pay with any back pay. Other forms of disciplinary or
corrective action may be imposed. If the decision to dismiss the employee is supported, such
dismissal shall be effective as of the date of such decision.
e. Delay of Personnel Conference
If delays caused by the employee cause the Personnel Conference not to be completed within 1
week after the written request, the employee shall be suspended without pay after 7 days from
the date of such invocation.
2. Appeal Procedure
a. Grounds for Appeal
An employee may resort to the Appeal Procedure only after receiving the final decision
following the Personnel Conference.
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b. Request
(1) An employee who desires to appeal the decision following the Personnel Conference must
file a written request for a formal hearing with Human Resources within 10 calendar days
after the date of the final decision following the Personnel Conference.
(2) The request for a hearing shall be in writing and shall include the name and address of the
employee, the action complained of, and shall set forth with particularity each and every
one of the grounds upon which the appeal is based.
c. The Hearing
(1) Upon receipt of the request, Human Resources shall appoint an independent hearing officer.
In the event the appeal directly involves a Human Resources employee, the County
Attorney shall appoint a hearing officer. A hearing shall be scheduled in not less than 15,
nor more than 45, calendar days from the date the written request for a hearing is received
by Human Resources.
(2) The employee has the burden of proof of showing that the action was arbitrary and
capricious and not supported by any competent evidence, by a preponderance of the
evidence or, when applicable, that the action violated State or Federal law. The issues for
hearing shall be limited to the grounds set forth in the written request for hearing.
(3) The parties involved in the appeal shall have the right to present their case by oral and
documentary evidence, to submit rebuttal evidence and to conduct such cross examination as
may be required for a full and true disclosure of the relevant facts. Any witness testifying
shall be placed under oath. The employee may present his/her own case or may engage legal
counsel of the employee's own choosing, at the employee's own expense. The County
Attorney's Office shall determine appropriate representation for the County party/parties.
d. Findings
(1) The hearing officer shall render findings of fact and an initial decision which shall be
submitted to Human Resources for final decision. All employees shall receive a copy of the
hearing officers findings of facts and initial decision. If the case involves an employee of a
Department Director, County Attorney, or County Manager, Human Resources will send
the decision to the Board of County Commissioners. If the case involves an employee of an
Elected Official or Public Trustee, Human Resources will send the decision to the Personnel
Board. If the case involves the Library or Public Health, Human Resources will send the
case to the appropriate Board.
(2) Within 15 calendar days after receipt of the initial decision, the appropriate Board may
overrule the hearing officer's initial decision or remand the case to the hearing officer for
further findings. If the initial decision is submitted to the Personnel Board for the purpose of
making the final decision, the Elected Official or Public Trustee involved shall not
participate on the Personnel Board for the purpose of making the final decision.
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(3) If the Board takes no action within 15 calendar days, the decision of the hearing officer
shall be deemed to be the final decision of the applicable Board.
(4) If the final decision reverses the decision following the Personnel Conference, the employee
will be placed in his or her position held prior to the Notice or a similar position with the
same pay and compensated for any back pay.
3. A record shall be made of the Personnel Conference and any hearings, consisting of the employee's
written request for a hearing, the transcript and/or tapes of the testimony, the exhibits introduced,
the findings of fact, and the conclusions and determinations of the hearing officer, and results of the
final decision. This record shall be kept on file with Human Resources.
4. Time Limits
All time limits imposed on the County will be honored as specified, except that any time limit may
be extended for good cause by Human Resources. A grievance is resolved if the employee fails to
request a Personnel Conference or Appeal within any of the required time limits.
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