HomeMy WebLinkAboutCouncil Packet 03/26/20126:30 p.m. -German Student Jazz Band
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
March 26. 2012
7:00p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLLCALL OF MEMBERS
APPROVAL OF MINUTES OF February 27,2012 and March 19,2012
PROCLAMATIONS AND CEREMONIES
Recognition of WRHS Team-Colorado Tech Student Association State Leadership Expo
Wheat Ridge Housing Authority-10 Year Anniversary Recognition
CITIZENS' RIGHT TO SPEAK
a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3
Minutes and sign the Public Comment Roster.
b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA
ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be
heard.
APPROVAL OF AGENDA
ORDINANCES ON FIRST READING
Council Bill 03-2012-An Ordinance approving the Rezoning of Property Located at
11210 W. 45tfi Ave. (Lot 2, Pumpkin Patch Subdivision) from Agricultural-One (A-1) to
Public Facilities (PF) Zone District (Case No. WZ-12-01/WRMF).
CITY COUNCIL AGENDA: March 26, 2012 Page -2-
DECISIONS, RESOLUTIONS, AND MOTIONS
~.
Resolution No. 16-2012 -approving an Intergovernmental Agreement by and between
the City of Lakewood and the City of Wheat Ridge to establish the West Metro Special
Weapons and Tactics Team (SWAT)
Motion to approve the revisions to the Personnel Policies as submitted on March 26,
2012 and to be effective immediately .
Motion to approve the purchase of planter and temporary pedestrian platforms for the
38th Ave. Lane Configuration Project from Bison Innovative Products in an amount not
to exceed $91 ,804.
Resolution No. 17-2012-amending the Fiscal Year 2012 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation in the amount of $5,000 to
Wheat Ridge "Feed the Future" Backpack Program.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURN TO STUDY SESSION
CITY OF WHEAT RIDGE, COLORADO
February 27. 2012
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council
Members present: Davis Reinhart, William "Bud" Starker, Joyce Jay, Kristi Davis, Mike
Stites, George Pond, Tracy Langworthy, and Joseph DeMott.
Also present: City Clerk, Janelle Shaver; Deputy City Clerk, Bruce Roome; City
Manager, Patrick Goff; City Attorney, Gerald Dahl; Chief of Police, Dan Brennan;
Administrative Services Director, Heather Geyer; Economic Development Manager,
Steve Art; staff and interested citizens.
APPROVAL OF MINUTES OF February 13,2012
Motion by Mr. Stites for approval of the Minutes of February 13, 2012; seconded by Mr.
Starker; carried 8-0.
PROCLAMATIONS AND CEREMONIES
Louise Turner-Mayor DiTullio read an acknowledgement in honor of Louise Turner
who passed away recently. Mrs. Turner was one of the City's founders and the first City
Clerk. Her husband, Jerry, was present to receive a copy of the acknowledgement.
Michael Snow (friend of Louise and president of Wheat Ridge United Neighborhoods),
John McMillin, and Rhonda Champion (Animal Control Commission) each spoke in
tribute to Louise Turner-remembering her dedication to and love for the City, her
devotion to keeping up on the budget and other city affairs from the days of
incorporation until her very last day, her turtles, her goats, the various contributions she
made to the City over the years, and being an inspiration to many and a true model of
civic involvement.
Betsy Fleming, Louise's daughter, thanked the City of Wheat Ridge for its tribute to
their mother.
Cathy Richardson, Louise's daughter, echoed her sister's appreciation and thanked
the City for the beautiful basket they sent to the family.
CITIZENS' RIGHT TO SPEAK None were present.
City Council Minutes February 27, 2012 Page2
APPROVAL OF AGENDA
By consensus, Item #1 0 was added to the agenda, a Resolution approving a Police
Supplemental Budget Appropriation for mobile radios.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
.1. Council Bill 01-2012-An Ordinance amending Sections 2-83 and 15-8 of the
Wheat Ridge Code of Laws concerning the issuance of Nuisance Abatement
Notices and of Notices of Code Violations and of Administrative Citations in the
Administrative Enforcement Process.
Mayor DiTullio opened the public hearing.
Council Bill 01-2012 was introduced on second reading by Mr. Starker. City Clerk
Janelle Shaver assigned Ordinance No. 1506.
Chief Brennan summarized the conditions and justification for the proposed changes.
No Citizens were present to speak on the issue .
Mayor DiTullio closed the public hearing.
Motion by Mr. Starker to approve Council Bill 01-2012 (Ordinance 1506) on second
reading and that it take effect 15 days after final publication; seconded by Mr. Reinhart ;
carried 8-0 .
2. Council Bill 02-2012-An Ordinance amending the Wheat Ridge Code of Laws,
Chapter 11 to unify the conditions for the revocation or suspension of a Business
License and to provide for additional clarifications within the Chapter.
Mayor DiTullio opened the public hearing .
Council Bill 02-2012 was introduced on second reading by Mr. Reinhart. City Clerk
Janelle Shaver assigned Ordinance No. 1507.
Mr. Dahl provided clarification on the conditions and justification for the ordinance.
No further staff report was given.
No Citizens were present to speak on the issue.
Mayor DiTullio closed the public hearing.
City Council Minutes February 27, 2012 Page 3
Motion by Mr. Reinhart to approve Council Bill 02-2012 (Ordinance 1507) on second
reading and that it take effect 15 days after final publication; seconded by Mr. DeMott;
carried 8-0.
DECISIONS. RESOLUTIONS AND MOTIONS
3. Resolution No. 14-2012-amending the Fiscal year 2012 Budget to reflect the
approval of a supplemental budget appropriation for the re-appropriation and re-
encumbrance of 2011 Fiscal Year Encumbered Funds in the amount of
$1,301,803.33
Resolution No. 14-2012 was introduced by Mr. Stites. This appropriation allows for the
payment of bills left over from 2011 expenditures.
Motion by Mr. Stites to approve Resolution No. 14-2012-amending the Fiscal Year
2012 Budget to reflect the approval of a supplemental budget appropriation for the re-
appropriation andre-encumbrance of 2011 Fiscal Year Encumbered Funds in the .
amount of $1,301,803.33; seconded by Mrs. Langworthy; carried 8-0.
4. Motion to approve appointments to Boards and Commissions
Gay Porter DeNileon spoke in support of her application to the Cultural Commission
stating that she wants to support the arts and culture in the city.
Motion by Mr. DeMott to approve the following appointments to District IV Boards and
Commissions: ·
Monica Duran to the Planning Commission, term ending 3/2/15
John Kellow to the Building Code Advisory Board, term ending 3/2/15
Barbara Hance to the Animal Welfare Commission, term ending 3/2/15
Genevieve Wooden to the Cultural Commission, term ending 3/2/15
Joseph Ray Maes to the Liquor Authority Board, term ending 3/2/15
Sally Banghart to the Board of Adjustment, term ending 3/2/15
Karen Joos to the Parks and Recreation Commission, term ending 3/2/14
Seconded by Mrs. Langworthy; carried 8-0
Motion by Mr. Reinhart to approve the following appointments to District I Boards
and Commissions:
Ronald Gehauf to the Cultural Commission, term ending 3/2/15
Melissa Beck to the Parks & Recreation Commission, term ending 3/2/15
Carolyn Peterson to the Liquor Authority Board, term ending 3/2/15
City Council Minutes February 27, 2012
Anne Brinkman to the Planning Commission, term ending 3/2/15
Paul Griffith to the Board of Adjustment, term ending 3/2/15
Kathy Dietsch to the Animal Welfare Commission, term ending 3/2/15
Karen Berry to the Building Code Advisory Board, term ending 3/2/14
Seconded by Mr. Starker; carried 8-0
Page4
Motion by Mr. Stites to approve the following appointments to District Ill Boards and
Commissions:
Virginia Johnson to the Cultural Commission, term ending 3/2/15
Paul Shaver to the Liquor Authority Board, term ending 3/2/15
Guy Nahmiach to the Parks & Recreation Commission, term ending 3/2/15
Ron Abo to the Building Code Advisory Board, term ending 3/2/15
Janet Bell to the Board of Adjustment, term ending 3/2/15
Amanda Weaver to the Planning Commission, term ending 3/2/15
Seconded by Mr. Pond; carried 8-0
Motion by Mrs. Jay to approve the following appointments to District II Boards and
Commissions:
Chad Harr to the Cultural Commission, term ending 3/2/15
Kent Davis to the Liquor Authority Board, term ending 3/2/15
Erna Mcintyre to the Animal Welfare Commission, term ending 3/2/15
Charles Spielman to the Parks & Recreation Commission, term ending 3/2/15
Seconded by Ms. Davis; carried 8-0
Motion by Mr. Starker to approve the following appointments to At-Large Boards and
Commissions:
Gay Porter DeNileon to the Cultural Commission, term ending 3/2/15
Chad Harr as the Jefferson County School Liaison, term ending 3/2/15
Monica Duran as the Jefferson County Library Liaison, term ending 3/2/15
Seconded by Mrs. Jay and Mr. DeMott; carried 8-0
ft:. Motion to Ratify Mayoral Appointment to the Housing Authority
Motion by Mr. DeMott to ratify the Mayoral Appointment of Gayle Miller to the Housing
Authority; seconded by Mr. Stites; carried 8-0
City Council Minutes February 27, 2012 PageS
6. Resolution No. 13-2012 -approving a Consolidation Plat with an Alley
Dedication on property zoned Commercial-One (C-1) located at 5795 W. 29th
Ave. (Case No. MS-11-06)
Resolution No. 13-2012 was introduced by Mr. Starker. The property owner is
proposing demolition of the existing carwash with reconstruction to allow remodeling
and expansion with liquor sales.
Mayor DiTullio opened the public hearing. There was no staff presentation and no one
from the public spoke. The Mayor closed the public hearing.
Motion by Mr. Starker to approve Resolution No. 13-2012 -approving a Consolidation
Plat with an Alley Dedication on property zoned Commercial-One (C-1) located at 5795
W. 29th Ave. (Case No. MS-11-06); seconded by Mr. Stites; carried 8-0
7. Resolution No. 09-2012-amending the Fiscal Year 2012 General Fund Budget
to reflect the approval of a Supplemental Budget Appropriation in the amount of
$71,376 for the funding of the Zoppe Circus Event
Resolution No. 09-2012 was introduced by Mrs. Jay
Motion by Mrs. Jay to approve Resolution No. 09-2012-amending the Fiscal Year
2012 General Fund Budget to reflect the approval of a supplemental sudget
sppropriation in the amount of $71,376 for the funding of the Zoppe Circus Event;
seconded by Mr. DeMott and Mr. Stites; carried 7-1 with Mr. Reinhart voting no.
8. Motion to approve purchase of the following replacement/new vehicles:
• Four 2012 Chevrolet Caprice Police Option Marked Sedans, to replace four 2007
Crown Victorias
• One large 2012 Ford F-250 XL,HD,4x4 standard cab pickup truck with snow
plow, to replace a 1999 GMC 350 pickup for the Open Space Division of Parks
& Recreation
• One small 2012 Chevrolet Colorado, 4x4,extended cab pickup, to replace a
2001 Dodge Dakota pickup for the Building Maintenance Division of Parks &
Recreation
• One small 2012 Chevrolet Colorado 4x4, extended cab pickup, as a new addition
to the fleet for the Building Maintainance Division of Community Development
• One 2012 Dodge Grand Caravan 7 Passenger Mini-Van, to replace a 1996
Dodge caravan for the Recreation Division of Parks & Recreation
• One 2012 International 7500SFA 6x4 tandem cab & chassis, to replace a
1999 International 4900 dump truck snow plow in the Operations Division of
Public Works Department
Total amount of the vehicles, including preparation for use is not to exceed $369,755
City Council Minutes February 27, 2012 Page6
Mrs . Langworthy introduced Item 8.
Mr. Paranto explained that the state prices are the best we can get-even though they
are from dealers from outside the area. He also confirmed that all these vehicles are
necessary replacements. Retired vehicles will go to auction. He also explained that the
outfitting of the police vehicles (decals, etc.) will be put out for bid.
Motion by Mrs. Langworthy to approve the purchase of 2012 vehicle replacements from
Mike Shaw Buick Pontiac-GMC Inc., Colorado Springs; Heritage Ford, Loveland; and
Mike Shaw Chevrolet, Aurora, Colorado, for a total cost of $302,755. She further
moved to approve an expenditure in the not-to-exceed amount of $67,000 for the
purchase, installation and /or relocation of auxiliary equipment required for the operation
of the vehicles along with the installation of markings and communication equipment;
seconded by Mr. Starker.
Motion by Mr. Stites to amend the main motion by deleting the purchase of one new
Small 2012 Chevrolet Colorado, 4x4, extended cab pickup for the Community
Development Department. Seconded by Mr. DeMott; tied 4-4 with Councilmembers
Reinhart, Starker, Pond and Langworthy voting no; Mayor DiTullio voted yes on the
amendment and it carried 5-4.
Main motion, as amended, carried 8-0.
9. Motion to award ITB-12-02, the 2012 Crack Seal Project, to Coating Inc., Arvada,
in the amount of $99,963, with a Contingency amount of $9,996
Motion by Mr. Pond to award ITB-12-02, the 2012 Crack Seal Project, to Coating Inc.,
Arvada, in the amount of $99,963, with a Contingency amount of $9,996; and that the
director of Public Works be authorized to issue change orders up to a total contract and
contingency amount of $109,959; seconded by Mr. Starker; carried 8-0
10. Resolution No. 15-2012-amending the Fiscal Year 2012 equipment
replacement fund budget to reflect the approval of a Supplemental Budget
Appropriation in the amount of $236,750 for the purchase of Police Department
portable radios.
Resolution No. 15-2012 was introduced by Mr. Stites.
(Informational note: Chief Brennan had made a staff presentation earlier in the evening
at the pre-meeting. The Police Department's radios were purchased in 2003 with
Homeland Security grant monies. These radios were expected to last 8-10 years. In
late 2011 the radio system infrastructure was upgraded from analog to digital. This
change affects the Cities of Wheat Ridge and Lakewood, and the Fire Protection
Districts of Wheat Ridge, West Metro and Fairmont. Albeit successful, the transition
City Council Minutes February 27, 2012 Page 7
has left a problem of occasional loss of communications with the 911 Center. Since
repeated efforts by the radio system company to fix this problem have been
unsuccessful, they are proposing an offer to replace all the radios at a reduced cost and
a onetime trade-in allowance for the P71 00 radios. Additionally the E-911 Authority
Board has authorized a onetime reimbursement of $1,000 per new portable P7300 radio
to affected agencies. Also of note is that the Wheat Ridge Fire department has offered
the department nine of its replacement radios at no cost and they will be absorbed into
the inventory as spares and replacement radios.)
Motion by Mr. Stites to approve Resolution No. 15-2012-, a resolution approving a
supplemental budget appropriation in the amount of $236,750 from Fund 57 for the
purchase of Police Department portable radios; seconded by Mr. DeMott; carried 8-0
CITY MANAGER'S MATTERS
Mr. Goff announced that the City has received a State FASTER Transit Grant for bus
benches and trash receptacles throughout the City. Also, Community Development
Department planners Sally Payne and Sarah Showalter were recently honored for their
work on the 38th Avenue Corridor Plan, which was selected as Small Project of the Year
by the Colorado Chapter of WTS, a womans' transportation group.
ELECTED OFFICIALS' MATTERS
Motion by Mr. DeMott: In consideration of our Mayor and Councilmembers Jay and
Starker attending the National League of Cities Convention in Washington D.C. the
week of our March 12 meeting, he moved to cancel the Regular City Council Meeting
for March 12, 2012; seconded by Mr. Reinhart; carried 8-0.
Mr. Pond thanked people who submitted applications for Boards and Commissions.
Mr. Reinhart said there were difficult decisions to make on some of the appointments
because there were so many good qualified candidates. He thanked Susie Seeds for
her years of service on the Parks Board and he appreciated the graciousness with
which she accepted the news that she would not be reappointed.
Mrs. Jay agreed there was good response for applications to Boards and Commissions.
Ms. Davis echoed her thanks to all the applicants, and especially thanked the people
who came to speak in honor of Louise Turner and in her memory.
Mrs. Langworthy expressed her admiration for Louise Turner who lived a lifetime in one
City. She was also pleased there were so many applications for Boards. There was a
time when it was hard to get people to apply, but this time there were so many to
choose from.
City Council M inutes February 27 , 2012 Page 8
Mr. Starker mentioned that Louise Turner was a voter in District I and when he was
canvassing the neighborhood in the last election she was so gracious to invite him in for
supper and they talked about her history, her ideas , and her excitement about the City
and the election. She was a very vibrant lady and will be missed by this community .
Mr. Starker also reported that he attended a neighborhood meeting for the Ashland
Reservoir project. It's going to be a large three year project with some disruption for the
neighborhood , but in the end it will be a great facility and a real asset to the City.
Mr. Stites gave condolences to the Turner family . Every year she asked for his budget
book and he 'd give it to her to go through . He liked that she was a straight shooter; you
could ask her anything and she'd give you a straight answer and he 's going to miss that.
Mayor DiTullio offered condolences to the Turner family. The Mayor referenced Louise 's
goat farm in District Ill and when she utilized 400 goats to eat overgrown vegetation on
the property. Her passing will be a great loss for the City. The Mayor also announced
that on March 26 a student German Jazz Band that is visiting Wheat Ridge High School
will be performing at 6 :30 p .m . prior to the Council Meeting in Council Chambers . It will
be taped and shown live on COMCAST Channel 8. All are welcome to attend and
listen!!
Meeting adjourned to Study Session at 8:09pm
APPROVED BY CITY COUNCIL ON March 26 , 2012 BY A VOTE OF __ to __
Mike Stites , Mayor pro tern
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e .
they contain a record of what was done at the meeting, not what was said by the
members . Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office , as well as copies of Ordinances and Resolutions .
CITY OF WHEAT RIDGE, COLORADO
March 19, 2012
Mayor DiTullio called the Special City Council Meeting to order at 6 :30 p .m . Council
Members present: William "Bud" Starker, Joyce Jay, Kristi Davis, Mike Stites, George
Pond, and Tracy Langworthy.
Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; City Attorney,
Gerald Dahl; Chief of Police, Dan Brennan; Public Works Director, Tim Paranto; staff
and interested citizens .
DECISIONS. RESOLUTIONS, AND MOTIONS
~ Motion to set a Public Hearing for approval of the Ward Transit Orientated
Development (TOO) Metropolitan Districts Service Plan.
Motion by Mrs. Langworthy to set a Public Hearing date of Monday, April 9 , 2012 at 7
p.m. for the proposed Ward Transit Orientated Development (TOO) Metropolitan District
Service Plan; and to further direct staff to serve and publish notice of the hearing as
required by statute ; seconded by Mr. Stites; carried 6-0
Meeting adjourned to Study Session at 6:35pm
APPROVED BY CITY COUNCIL ON March 26,2012 BY A VOTE OF to
Mike Stites, Mayor pro tern
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
.. ~ ~ ~
.. ~ ~ City of •
J?"WheatRi__,dge
ITEM NO:~
DATE: March 26 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 03-2012 -AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED AT 11210 W. 45th
AVENUE (LOT 2, PUMPKIN PATCH SUBDIVISION) FROM
AGRICULTURAL-ONE (A-1) TO PUBLIC FACILITIES (PF)
ZONE DISTRICT (CASE NO. WZ-12-01/WRMF)
0 PUBLIC HEARING
0 BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
~ ORDINANCES FOR 1ST READING (03 /26/2012)
0 ORDINANCES FOR 2 ND READING (04/23 /2012)
~ YES 0 NO
lJ~4
The application is a request by the City of Wheat Ridge Public Works Department for approval of
a zone change from Agricultural-One (A-1) to Public Facilities (PF) zone district for property
located north of the existing Wheat Ridge Maintenance Facility (WRMF) at 11210 W. 45th
A venue. The property is also known as Lot 2 of the Pumpkin Patch subdivision.
The proposed rezoning area includes one parcel, the total size of which is 1.49 acres . The subject
site was purchased by the City in 2009 specifically for the purpose of expanding the maintenance
facility. The developed portion of the WRMF south of the subject site is currently zoned PF. The
purpose of this zone change application is to consolidate the zoning at the WRMF in preparation
for expansion.
If approved and prior to future development, two additional land use applications will be required:
a consolidation plat and a planned building group (PBG).
Case No. WZ-12-01/WRMF
Council Action Form
March 26, 2012
Page 2 ,
'.
PRIOR ACTION:
Planning Commission recommended approval at a public hearing on March 15 , 2012. The staff
report and meeting minutes from the Planning Commission public hearing will be included with
the ordinance for second reading.
FINANCIAL IMPACT:
The proposed ordinance is not expected to have a direct financial impact on the City. No fees
were collected with this application.
BACKGROUND:
The subject parcel is located immediately to the north of the existing Wheat Ridge Maintenance
Facility at 11210 W. 45 111 Avenue-north ofW. 44111 Avenue, between Parfet and Quail Streets.
The developed portion of the maintenance facility has served as an operations center for public
works for over 40 years. The WRMF has gradually expanded with the purchase of adjacent
properties, and has several structures including an office building, auto repair shop, salt/sand bam,
fueling stations, police evidence building, and several smaller outbuildings. The subject site was
purchased by the City in 2009 specifically for the purpose of expanding the maintenance facility.
The parcel is 1.49 acres in size and is currently undeveloped and enclosed by a 6-foot privacy
fence. The surrounding properties include a variety of land uses and zoning designations. The
subject property is currently zoned Agriculture-One (A-1 ), and the developed portion of the Wheat
Ridge Maintenance Facility to the south is zoned Public Facilities (PF).
Other parcels in the area include primarily residential land uses. To the southeast and west are one
and two-family residential neighborhoods zoned Residential-Two (R-2). To the north and east are
multi-acre residential lots zoned A-I. The Alpine Valley School is located to the east at 4501
Parfet Street. Immediately south of the maintenance facility are parcels that have frontage on W.
44th Avenue and are zoned Residential-One (R-1), Agriculture-One (A -1), and Commercial-One
(C-1 ). Because the WRMF is the highest intensity use in the area, screening and landscaping will
be required to minimize potential adverse impacts.
The proposed rezoning would result in the entire WRMF being classified under the same zone
district. The PF zone district provides for property devoted to public and quasi-public buildings
and facilities. Ultimately, the subject parcel will include covered and enclosed storage buildings
for Parks Department equipment and vehicles. Outside storage would al so be permitted under the
PF zoning.
The proposed zoning is consistent with the City's comprehensive plan-En vision Wh eat Ridge-in
which a key value is to provide quality community services. The WRMF currently supports the
basic services provided to the residents and business owners of Wheat Rid ge. The zone change
and subsequent expansion of th e WRMF on the s ubject parcel will enabl e continued provision of
superior community s ervices.
Council Action Farm
March 26, 2012
Page 3
The zone change is also consistent with the Public Works /Parks Maintenance Master Plan which
was completed in 2004 and recommends consolidating the operations, maintenance, and storage of
several City departments at the WRMF.
The application has been through the standard referral process with no concerns raised by any
outside agencies or City departments. A separate referral process will be required as part of future
site development.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 03-2012 an ordinance approving the rezoning of property
located at 11210 W. 45 1h Avenue (Lot 2, Pumpkin Patch Subdivision) from Agricultural-One (A-
I) to Public Facilities (PF) zone district on first reading, order it published, public hearing set for
Monday, April 23, 2012 at 7 p.m. in City Council Chambers, and that it take effect 15 days after
final publication."
Or,
"I move to postpone indefinitely the ordinance to approve the rezoning of property located at
11210 W. 45 111 Avenue (Lot 2 , Pumpkin Patch Subdivision) from Agricultural-One (A-1) to Public
Facilities (PF) zone district for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Lauren Mikulak , Planner I
Meredith Reckert, Senior Planner
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
1. Council Bill No. 03-2012
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER-------
COUNCIL BILL NO. 03
ORDINANCE NO. ___ _
Series of 2012
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 11210 W. 45th AVENUE (LOT 2, PUMPKIN
PATCH SUBDIVISION) FROM AGRICULTURAL-ONE (A-1) TO
PUBLIC FACILITIES (PF) ZONE DISTRICT (CASE NO. WZ-12-
01/WRMF)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City's review and approval of requests for land use cases; and,
WHEREAS, the Public Works Department on behalf of the City of Wheat Ridge
has submitted a land use application for approval of a zone change to the Public
Facilities district for property located at 11210 W. 45th Avenue; and,
WHEREAS, the Public Facilities zone district provides for property devoted to
public and quasi-public buildings and facilities; and,
WHEREAS, the proposed zone change is supported by the City's
Comprehensive Plan-Envision Wheat Ridge-and by the Public Works/Parks
Maintenance Master Plan; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on March 15, 2012 and voted to recommend approval of rezoning the property to the
Public Facilities zone district.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by the City of Wheat Ridge for approval of a zone
change ordinance from Agricultural-One (A-1) to Public Facilities (PF) zone
district for property located at 11210 W . 45th Avenue, and pursuant to the findings
made based on testimony and evidence presented at a public hearing before the
Wheat Ridge City Council, a zone change is approved for the following described
land:
LOT 2, PUMPKIN PATCH SUBDIVISION.
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge .
Attachment 1
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge , that it is promulgated for the health , safety, and
welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare . The
City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained .
Section 4. Severability; Conflicting Ordinance Repealed. If any section ,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5 .11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _on
this 26th day of March, 2012, ordered it published with Public Hearing and consideration
on final passage set for Monday, April 23, 2012 at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado , and that it takes effect 15
days after final publication .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of , 2012 .
SIGNED by the Mayor on this ___ day of ______ , 2012.
ATTEST:
Janelle Shaver, City Clerk
1st publication:
2nd publication :
Wheat Ridge Transcript:
Effective Date:
Jerry DiTullio, Mayor
Approved as to Form
Gerald Dahl , City Attorney
~ ~ ~ ~" • ,.. City of •
JP'"WheatR.i_dge
ITEM NO:~
DATE: March 26 , 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 16-2012 - A RESOLUTION APPROVING
AN INTERGOVERNMENTAL AGREEMENT BY AND
BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF
WHEAT RIDGE TO ESTABLISH THE WEST METRO
SPECIAL WEAPONS AND TACTICS TEAM (SWAT)
0 PUBLIC HEARING
0 BIDS /MOTIONS
C8J RESOLUTIONS
QUASI-JUDICIAL:
0 ORDINANCES FOR 1sT READING
0 ORDINANCES FOR 2ND READING
0 YES
~~a.-= Baniel~nuan, Chief of Police
ISSUE:
The regionalization ofthe Special Weapons and Tactic's Team (SWAT) was identified as a
Management in Progress objective in the City's Strategic Plan under Goal 1, a Financially Sound
City Providing Quality Services.
In the fall of2009, the Chief Executive Officers ofthe Jefferson County law enforcement
agencies unanimously agreed to explore regionalization opportunities within the county. The
ultimate goals of regionalization, as outlined in an agreement, include enhancing services,
reducing costs , and benefiting all involved. SWAT teams were identified as one area to be
explored as a regionalization possibility.
PRIOR ACTION:
A staff report was presented to City Council at the March 19 , 2012 Study Session.
FINANCIAL IMPACT:
There is no immediate financial impact anticipated. Each department will be responsible for
purchasing basic uniforms and equipment for their team members . The personnel assigned to the
Wheat Ridge SWAT Team will be reduced through attrition from 16 to 11 tactical operators, and
Council Action -West Metro SWAT Team
March 26, 2012
Page 2 ...
• r.
the negotiations team will be reduced from six to three negotiators. A savings in personnel cost
will be realized over time; however, those savings will be minimal.
Expenditures for major expenses, such as vehicles or expensive types of equipment will be
shared. Lakewood has agreed to pay 80% and Wheat Ridge will pay 20% of these expenditures.
There are no significant expenditures planned at this time.
BACKGROUND:
The Wheat Ridge Police Department first formed a SWAT Team in 1984 to provide the
community with a team of specially trained police officers to respond to unusual occurrences
such as barricaded gunman situations, hostage rescues, serving high-risk arrest and search
warrants, counter-terrorism, VIP protection, and engaging heavily armed criminals.
In 2004, the Police Department participated in an organizational assessment conducted by the G.
L. Williams Group. In the final report, the consultants recommended that the Special Weapons
and Tactics Team undergo a review process to consider the relative benefit of the department
continuing to maintain its own team.
In 2005, the Department hired a consultant to conduct a review process and to make
recommendations regarding the Team. The final report recommended several minor changes, as
well as the consultant's recommendation that the department maintain a SWAT team. The report
cited community need for a SWAT team based upon call outs; there was a demonstrated need for
specialized training of police officers; maintaining a SWAT Team was considered a valuable
recruitment tool ; maintaining a SWAT team provided training and promotional opportunities for
police officers, and maintaining a SWAT team was considered an important factor in employee
retention. The department did put off a decision to purchase a new SWAT vehicle and other
options were sought out using existing vehicles and purchasing two utility trailers.
In 2010, the SWAT Commanders from three active SWAT teams in Jefferson County met to
determine the feasibility of combining resources to create one regional team. After a thorough
analysis, it was determined that the best alternative for the Wheat Ridge community was to
combine the Lakewood and Wheat Ridge Teams. Since 2011 , the Wheat Ridge and Lakewood
SWAT teams have been training extensively with one another, as weB as working on the
development of policies and procedures for this regionalized SWAT Team effort. The
consolidation of these two teams will enhance services during unusual occurrences, potentia11y
reduce costs, and benefit the citizens in both communities when special tactics and weapons are
required.
RECOMMENDATIONS:
Staff recommends approval of the ordinance.
Council Action -West Metro SWAT Team
March 26, 2012
Page 3
RECOMMENDED MOTION:
"I move to approve Resolution No. 16-2012, a resolution approving an Intergovernmental
Agreement by and between the City of Lakewood and the City of Wheat Ridge to establish the
West Metro Special Weapons and Tactical Team."
Or,
"I move to postpone indefinitely Resolution No. 16 -2012, a resolution approving an
Intergovernmental Agreement by and between the City of Lakewood and the City of Wheat
Ridge to establish the West Metro Special Weapons and Tactical Team for the following
reason(s) "
REPORT PREPARED/REVIEWED BY:
Daniel Brennan, Chief of Police
ATTACHMENTS:
I. Resolution No. 16-2012
2. Intergovernmental Agreement
3. StaffReport of March 19,2012
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 16
Series of 2012
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND
THE CITY OF WHEAT RIDGE TO ESTABLISH THE WEST
METRO SPECIAL WEAPONS AND TACTICS TEAM
(SWAT}
WHEREAS, pursuant to C.R.S. § 29-1-203, the cities of Wheat Ridge and
Lakewood, Colorado are authorized to enter into cooperative agreements with other
governmental entities to provide any function, service or facility each is authorized to
undertake; and
WHEREAS, Lakewood and Wheat Ridge are each authorized to perform law
enforcement functions pursuant to Section 6, Article XX of the Colorado Constitution
and C.R.S. § 31-15-401; and
WHEREAS, from time to time, each jurisdiction encounters emergency situations
for which its usual law enforcement response, personnel or equipment may be
inadequate; and
WHEREAS, each jurisdiction would benefit from the existence and availability of
a special weapons and tactics (SWAT) team that is staffed and equipped to respond to
such emergency situations; and
WHEREAS, in lieu of establishing, staffing and maintaining separate SWAT
teams, the Chiefs of Police of Wheat Ridge and Lakewood recommend cooperating in
the establishment of a regional SWAT team that would be available to both jurisdictions
and to other area jurisdictions who may wish to join the cooperative effort in the future ;
and
WHEREAS, the Wheat Ridge City Council ("Council") finds that the
establishment and existence of a regional SWAT team will promote and protect the
public health, safety and welfare of City residents and visitors; and
WHEREAS, the Council desires to approve the terms of Wheat Ridge's
participation in the West Metro SWAT team as memorialized in the intergovernmental
agreement attached to this Resolution ; and
WHEREAS , in accordance with Section 14.2 of the City's Home Rule Charter,
the City Council wishes to approve said intergovernmental agreement by resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge , Colorado, that:
Attachment 1
The Intergovernmental Agreement by and between the City of Lakewood and the
City of Wheat Ridge to Establish the West Metro Special Weapons and Tactics Team ,
attached to this Resolution and incorporated herein by reference , is hereby approved .
The Mayor and City Clerk are authorized to execute the same .
DONE AND RESOLVED this __ dayof _____ , 2012 .
Jerry DiTullio , Mayor
ATTEST:
Janelle Shaver, City Clerk
2
AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN
THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE TO ESTABLISH
THE WEST METRO SPECIAL WEAPONS AND TACTICS TEAM
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and
entered into this __ day of , 2012, by and between the CITY OF
LAKEWOOD, ("Lakewood") a home rule municipal corporation of the State of Colorado
with offices located at 445 S. Allison Parkway, Lakewood, Colorado, 80226-3105 and
the CITY OF WHEAT RIDGE , ("Wheat Ridge") a home rule municipal corporation of the
State of Colorado with offices located at 7500 W. 29th Avenue, Wheat Ridge, Colorado
80033. Hereinafter, Lakewood and Wheat Ridge may be referred to individually as a
"Party" or collectively as the "Parties."
WITNESSETH
WHEREAS, Intergovernmental agreements to provide functions or services,
including the sharing of costs of such services or functions by political subdivisions of
the State of Colorado, are specifically authorized by Section 29-1-203, C.R.S and Article
XIV, Section 18 of the Colorado Constitution;
WHEREAS, The Parties hereto are each authorized to lawfully provide,
establish, maintain, and operate law enforcement agencies and to provide other
emergency services;
WHEREAS, The Parties hereto maintain emergency equipment to be utilized in
exceptional circumstances when other than standard police procedure and weapons are
required;
WHEREAS, Contiguous boundaries often result in more than one police
department becoming involved in the response to certain emergencies;
WHEREAS, Emergencies may arise in one or another of the jurisdictions of the
Parties which is of such intensity and duration as to place greater demands on that
jurisdiction's personnel and equipment than the jurisdiction can handle;
WHEREAS, The Parties desire to maintain uniform equipment, training, policies,
procedures , and personnel standards, pertaining to tactical teams, so that each may
have the service of the other Party to aid and assist it in exceptional circumstances
when other than standard police procedures and weapons are required;
WHEREAS, The Parties desire to establish and implement a cooperative Special
Weapons and Tactics team (hereinafter referred to as 'West Metro SWAT");
WHEREAS, Other jurisdictions that provide similar services and maintain similar
equipment may in the future, desire to be included in this Agreement;
Attachment 2
WHEREAS, Establishment of a combined SWAT T earn through an
intergovernmental agreement provides a public purpose and will promote the safety,
security, and general welfare of the inhabitants of the cities of Lakewood and Wheat
Ridge, as well as any other political subdivision that may request assistance.
NOW, THEREFORE, in consideration of the mutual covenants and commitments
made herein , the Parties agree as follows:
I. TERMS AND CONDITIONS.
A. The parties form this Agreement under the authority of Sections 29-1-203 and
29-5-104, C .R.S . Such police personnel so assigned and performing duties as provided
herein shall have the same power and police authority within Lakewood and Wheat
Ridge as do regular police officers of the Party that has requested the deployment of the
West Metro SWAT.
B . It is understood and agreed that this Agreement is intended to facilitate
cooperation between the Parties in the provision of the services provided herein , but
does not establish a separate legal entity to do so , and , except as set forth herein , this
Agreement does not authorize any Party to act for any purpose whatsoever, nor does
this Agreement establish any employee of any Party as an agent of any other Party for
any purpose whatsoever. This Agreement shall provide only for sharing of in-kind
services and special asset costs by the Parties toward the establishment of a common
mutual goal, said goal being the cooperative development of West Metro SWAT to be
utilized in instances when other than standard police procedures and weapons are
required.
C. For and in consideration of the promises of the Parties, each Party agrees ,
subject to the limitations herein set forth , to aid and assist the other by causing and
permitting its law enforcement personnel and its equipment to be used in responding to
emergencies and exceptional instances that occur in the jurisdiction of the other,
including barricaded armed individuals, hostage situations , execution of high risk
warrant service , riotous crowd control, threat of potential sniper activities , terrorist
incidents, VIP protection or other exceptional circumstances when other than standard
police procedures and weapons are needed in the jurisdiction serviced by one Party,
and which are beyond the control of a jurisdiction .
D . The need for such aid and assistance shall be determined by the Chief of Police
or designee requesting assistance , and upon such a request, the Parties agree that
West Metro SWAT may respond as it deems appropriate.
E . It is understood and agreed that each Party shall mainta in appropriate personnel
and funding in support of this Agreement.
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F. The term of this Agreement shall be for one year commencing on the date the
Agreement is executed by all Parties. The Agreement shall automatically renew with
respect to all Parties unless any Party provides notice of termination.
II. POLICIES AND PROCEDURES.
A. Each Party shall implement the provision of this Agreement by establishing
uniform policies and procedures concerning protocols, Incident Command System,
selection criteria, equipment, training, and personnel standards for officers who will be
assigned to West Metro SWAT .
B. It is understood and agreed that such mutually agreed upon policies and
procedures shall require that each Party maintain a level of personnel and equipment
necessary to safely and effectively deploy West Metro SWAT during exceptional
circumstances when other than standard police procedure and weapons are required to
meet its obligations under this Agreement.
C. To be eligible for assignment to West Metro SWAT, officers must pass and
maintain pertinent and lawful performance standards, which have been approved by the
Parties ' Chiefs of Police. The performance standards may include but are not limited to
firearm qualifications.
D. An officer from a participating agency who has satisfied the performance
standards is not eligible for appointment to West Metro SWAT unless the Chiefs of
Police of each Party hereto agree to such assignment. Any officer assigned to West
Metro SWAT shall be removed from West Metro SWAT at any time, with or without
cause, at the request of any Party's Chief of Police.
E. All evidence and property seized as a result of a West Metro SWAT operation by
officers assigned to West Metro SWAT shall be seized identified, preserved, booked
and stored pursuant to the policies and procedures currently in effect for the jurisdiction
in which the operation occurred.
F. Each officer assigned to West Metro SWAT shall be provided uniforms,
equipment, and weaponry required for the execution of law enforcement duties by his or
her employing agency ("Home Agency").
G. Officers assigned to West Metro SWAT shall be subject to the supervision of the
supervisory and command personnel assigned to West Metro SWAT regardless of
which Party assigned the supervisor or officer to West Metro SWAT.
H. Any disciplinary action imposed against an officer as a direct result of an officer's
involvement or participation in West Metro SWAT shall be the responsibility of the
officer's Home Agency .
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I. It is understood and agreed that the jurisdiction requesting West Metro SWAT
shall command the incident and the assigned West Metro SWAT command officer shall
command the tactical aspects of an operation.
Ill. FUNDING.
A. Each Party shall, at all times, be responsible for the salary, including overtime,
benefits, and all related employee costs of every kind for each employee, including
uniforms, equipment, personal weaponry, and other related equipment costs required
for the execution of law enforcement duties incurred in the performance of this
Agreement.
B. Special Asset Costs. The Parties agree that special assets that are expensive
and that require routine maintenance may be required for SWAT Team use in the
future. Special assets may include, by way of example only, vehicles, specialized
communication equipment, weapons and munitions. The costs of such special assets
may include, by way of example only, the costs of purchase, operation and
maintenance. The Parties agree that such costs will be incurred and such special
assets will be acquired only with the prior written approval of all Parties . Lakewood
shall be responsible for 80% of these costs and Wheat Ridge shall be responsible for
20% of these costs. This percentage allocation may be readjusted by written
amendment to this Section Ill. B. upon the addition or withdrawal of any Party hereto or
upon the request of any Party.
C. The Parties acknowledge and agree that all payment obligations under this
Agreement are currently expenditures of the Parties, payable in the fiscal year for which
funds are appropriated for the payment thereof. The Parties' obligations under this
Agreement shall be from year to year only and shall not constitute a multiple-fiscal year
direct or indirect debt or other financial obligation of the Parties within the meaning of
Article X, Section 20 of the Colorado Constitution.
IV. GOVERNANCE.
A governing board shall be created to establish policies and procedures, and
promulgate such, and oversee operational and administrative matters of concern to the
West Metro SWAT Team, and shall be referred to as the "Governing Board." The
Governing Board shall include the Chief of Police of each participating agency or his
designee and one individual from a non-participating agency who is agreed upon by the
Chiefs of Police . The Governing Board shall meet quarterly or more often if needed.
Attendance of 50% or more of the Governing Board members at any scheduled or duly
noticed meeting shall constitute a quorum for voting purposes.
V. WORKER'S COMPENSATION.
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The Parties shall, at their own expense, keep in full force and effect during the term of
this Agreement , statutory Worker's Compensation insurance or adequate self-insurance
funds.
VI. INSURANCE/ LIABILITY.
A. The Parties shall, at their own expense, keep in full force and effect during the
term of this Agreement , and during the term of any extension or amendment of this
Agreement , insurance in such amount as necessary to comply with the limitation set
forth in the provision of the Colorado Government Immunity Act (C.R.S., 24-10-101 et
seq.) as well as Law Enforcement Professional liability insurance or self-insuranc with
a $1,000,000 general aggregate limit, to insure against any liability assumed by the
Parties pursuant to the provisions of this Agreement. The type and amount of such
insurance shall be that which is customarily obtained for similar projects by other
professionals engaged in the same field and type of work as the Parties and in
accordance with generally-accepted professional practices. The Parties shall not be
relieved of any liability assumed pursuant to this Agreement by reason of their failure to
secure insurance as required by this Agreement or by reason of their failure to secure
insurance in sufficient amounts, sufficient durations , or sufficient types to cover such
liability.
B. Each Party shall be responsible for the acts and omissions of its own officers
assigned to West Metro SWAT and shall not be responsible for the acts or omissions of
other West Metro SWAT members except as set forth herein . Any liability that accrues
under the provisions of Article 10 of Title 24, C.R.S ., on account of the negligent or
otherwise tortious act of a police officer while performing the duty shall be imposed
upon the requesting Party in compliance with the terms of Section 29-5-108 , C .R.S . and
not upon the assigning Party.
C. None of the Parties waive its rights, defenses or immunities provided by the
Colorado Governmental Immunity Act, or as otherwise provided by law .
VII. INDEPENDENT STATUS.
The Parties enter into this Agreement as separate, independent governmental entities
and shall maintain such status throughout.
VIII. TERMINATION/WITHDRAWAL.
A . Any Party hereto may terminate its participation in this Agreement with or without
cause upon thirty (30) days prior written notice to each of the others.
B. On thirty (30) days prior written notice, any Party shall have the right to withdraw
its participation from this Agreement in the event that its governing body does not
appropriate, budget , or otherwise make funds available for the purpose of performing
under this Agreement , or in the event that any court of competent jurisdiction
5
determines that this Agreement, or any portion thereof, is in violation of Section 20,
Article X, of the Colorado Constitution . Any withdrawal/termination shall not be
considered a breach of this Agreement.
IX. INTEGRATION AND AMENDMENT.
A. Municipalities situated partly or wholly within Jefferson County who wish to join
this Agreement may do so by amendment to this Agreement approved by each Party's
respective Chief of Police or Chief Law Enforcement Officer. The Parties are authorized
to amend this Agreement to accommodate additional agencies wishing to join in the
Agreement.
B. This Agreement represents the entire agreement between the Parties and there
are no oral or collateral agreements or understandings. This Agreement may be
amended only by an instrument in writing signed by the Parties. If any other provision
of this Agreement is held invalid or unenforceable, no other provision shall be affected
by such holding, and all of the remaining provisions of this Agreement shall continue in
full force and effect.
X. GOVERNING LAW. This Agreement shall be governed by the laws of the State
of Colorado.
XI. VENUE.
Venue for all disputes arising under this Agreement shall be in the District Court of and
for the County of Jefferson, State of Colorado.
XII. ASSIGNMENT.
This Agreement shall not be assigned by any Party .
XIII. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding
upon, the Parties and their respective legal representatives .
XIV. NO THIRD PARTY BENEFICIARIES.
It is expressly understood and agreed that enforcement of the terms and conditions of
this Agreement, and all rights of action relating to such enforcement, shall be strictly
reserved to Parties and nothing contained in this Agreement shall give or allow such
claim or right of action by any other third party on such Agreement. It is the express
intention of Parties that any person other than Parties receiving services or benefits
under this Agreement shall be deemed to be an incidental beneficiary only.
XV. NOTICES.
Any notice required or permitted by this Agreement shall be in writing and shall be
deemed to have been sufficiently given for all purposes when deposited in the United
States mail, by certified mail or registered mail, postage and fees prepaid, addressed to
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the Party to whom such notice is to be given at the address set forth on that Party's
signature page below, or at such other address as such Party have given by written
notice to the others pursuant to this paragraph.
XVI. PARAGRAPH CAPTIONS .
The captions of the paragraphs are set forth only for the conveniences and reference of
the Parties and are not intended in any way to define , limit or describe the scope or
intent of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement.
CITY OF LAKEWOOD CITY OF WHEAT RIDGE
By : ____________________ __ By: __________________________ _
Kathy Hodgson , City Manager Jerry DiTullio , Mayor
ATTEST: ATTEST:
BY: ---------------------------By: __________________ _
Margy Greer, City Clerk Janelle Shaver, City Clerk
APPROVED AS TO FORM :
City Attorney City Attorney
7
... ~ 4 ~
... ~ ~ City of • _.~Wheat&__dge
jVp"OLICE DEPARTMENT
Memorandum
TO: Mayor DiTullio and City Council
THROUGH: Patrick Goff, City Manager
Daniel Brennan, Chief of Police
FROM: Wade Hammond, Lieutenant
Patrol Operations Division
DATE: March 19 ,2012
SUBJECT: Staff Report: Lakewood/Wheat Ridge Combined SWAT Team
EXECUTIVE SUMMARY
In the fall of2009, the Chief Executive Officers (CEO's) of the Jefferson County law
enforcement agencies signed a letter of commitment to pursue examining regionalization
opportunities within the county. The ultimate goals of regionalization, as outlined in the
agreement, include enhancing services, reducing costs, and benefiting all involved . Special
Weapons and Tactic's SWAT teams were identified as an area to be explored as a
regionalization possibility.
The regionalization of the SWAT Team was identified as a management goal in the City's
Strategic Plan.
HISTORY
SWAT Teams originated in the late 1960's as elite teams of law enforcement officers trained to
perform high-risk or unusual occurrences that were outside the scope and abilities of regular
patrol officers. These occurrences included barricaded gunman situations, hostage rescues,
serving high-risk arrest and search warrants, counter-terrorism , VIP protection, and engaging
heavily armed criminals. SWAT Teams are often equipped with specialized weapons and
equipment. Patrol operations divisions generally do not have the manpower, training, or
equipment to effectively cope with these unusual occurrences. Experience has indicated that
when inadequate resources and tactics are used, deaths and injuries may result unnecessarily.
The Wheat Ridge Police Department formed a SWAT Team in 1983 . The team was initially
comprised of six officers. Since that time, the team has grown to 14 operators and five
negotiators. The team has averaged 7.3 call outs a year for the last three years. These call outs
include 4 .3 full team call outs and three partial team activations on average. The SWAT
activations included barricaded gumnen, high-risk warrants and one full-team dignitary
protection event.
Attachment 3
StaffReport: Lakewood/Wheat Ridge Combined SWAT Team
March 19 ,2012
Page2
In 2004 , the G. L. Williams Group completed a comprehensive examination and review ofthe
Wheat Ridge Police Department. In the assessment final report , the consultant recommended
that the Special Weapons and Tactics Team undergo a review process to consider the relative
benefit of the department continuing to maintain its own team. In 2005 , the department
contracted with Lt. C. W. Black (deceased) of the Littleton Police Department to conduct a
review process and to make recommendations regarding the team . After that review was
completed , the department made several minor changes to the SWAT team and made the
decision to maintain a team as recommended by the assessment. The report acknowledged a
community need for a SWAT Team, demonstrated a need for specialized training of police
officers , acknowledged that a SWAT Team was a considerable recruitment tool , maintained that
a SWAT team provided training and promotional opportunities for police officers , and was an
important factor in employee retention.
Today, there are three independent SWAT teams operating in Jefferson County: Lakewood ,
Wheat Ridge , and the Jefferson County Regional Team which serves Jefferson County, Arvada,
Golden , and Edgewater communities. In 2010 , SWAT Commanders from these three teams met
to determine the feasibility of combining resources to create one regional team. After much
discussion , it was determined that combining the Lakewood and Wheat Ridge Teams would be
the best alternative for our communities for a variety or reasons. Combining all three into one
regional team would significantly limit the number of SWAT personnel each agency could have
on the team. This approach would have limited career opportunities within both departments.
Because each team had a longstanding history, there were also philosophical differences in
approaches to tactical situations. It became apparent that Lakewood and Wheat Ridge Police
Departments shared similar policies, procedures , training and philosophies. At the end of the
review process , Lakewood and Wheat Ridge Police Departments decided to move towards a
consolidation ofteams. This would create two comparable SWAT teams in the county in the
near term.
At the direction of Lakewood Police Chief Paletta and Wheat Ridge Police Chief Brennan , the
two SWAT teams have spent the past year training together and developing policies and
procedures to make a Lakewood/Wheat Ridge combined SWAT team a reality . This new team
would be called the West Metro SWAT Team.
The benefits of a combined tactical team include:
• More efficient utilization of police services, as well as personnel and equipment
resources
• More timely and effective response to calls for specialized police assistance
• Adequate stafflevels comprised of highly trained law enforcement officers to resolve
crisis and high-risk situations
• A combined team will meet National Tactical Officers Association tactical team
standards ; where as the Wheat Ridge Police Team was limited due to available personnel
resources.
• A reduction in the Wheat Ridge tactical team allotment from one Commander, three
supervisors and 12 operators, to one Commander, two supervisors and eight operators
Staff Report: Lakewood/Wheat Ridge Combined SWAT Team
March 19,2012
Page 3
through attrition. The negotiations team will be reduced to a negotiations supervisor and
two negotiators.
• Each department will outfit the individuals it provides to the team with uniforms , tactical
vests and safety equipment. The departments wil1 share existing equipment on callouts.
• With the reduction in personnel, the department anticipates a minor savings in staff
training hours and equipment purchases; however , no significant initial budget savings
are anticipated by combining the teams. In the future, expenditures for major expenses,
such as vehicles will be shared. Lakewood will pay 80% and Wheat Ridge will pay 20%.
• The Lakewood City Council approved authorization of the execution of an
intergovernmental agreement to establish a joint Special Weapons and Tactics Team on
February 27 , 2012.
RECOMMENDATIONS
Staff recommends that an intergovernmental agreement between the cities ofLakewood and
Wheat Ridge be approved to provide the citizens of these cities with professional and adequate
tactical team presence to respond to unusual occurrences.
ATTACHMENTS:
1. SWAT IGA
WH:DB /ck
~ ...
"" _ ., Cily of •
?WheatR!_dge
ITEMNO: 3,
DATE: March 26,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE REVISIONS TO THE
PERSONNEL POLICIES AS SUBMITTED ON MARCH 26,
2012 AND TO BE EFFECTIVE IMMEDIATELY
0 PUBLIC HEARING
[gj BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
0 ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
0 YES
Revisions to the City's Personnel Policies are driven by changes in Federal and State law, as well
as City policy changes. A thorough review of the City's Personnel Policies has been conducted
with recommendations for revisions in thirteen (13) Sections. Dean Heizer, the City's
Employment Law Attorney and the Executive Management Team have reviewed and support the
proposed changes.
PRIOR ACTION:
Council last approved Personnel Policies updates on January 14, 2008.
FINANCIAL IMPACT:
A savings may be experienced as a result of the adjustments to Personnel Policy 5.25., Closure
of City Facilities.
BACKGROUND:
The purpose of the Personnel Policies is to provide necessary guidance to promote harmonious
relations between the employer and the employees; establish a reasonable and peaceful
procedure for the resolution of differences, insure efficient, responsible service to the citizens of
Wheat Ridge; prevent political involvement in employment; and promote employee morale, job
stability and career incentives.
Council Action Form
March 26, 2012
Page 2
Because we recognize that change is the norm, we conduct a review process regularly to amend
the guidelines where necessary to reflect ongoing change in the City workplace. In addition, this
practice ensures we continue to be in compliance with the regulatory agencies that govern us.
RECOMMENDATIONS:
SECTION 1.8. EQUAL OPPORTUNITY POLICY
(Page 1-2) The City is responsible for ensuring that discrimination does not exist in
our employment practices. To keep current, the classification, "personal
and/or family genetic information" is added to the list of protected classes.
SECTION 2.3.
(Page 2-1)
SECTION 2.11.
(Page 2-4)
SECTION 3.2.
(Page 3-1)
State Law
change
SECTION 3.4.
(Page 3-1)
SECTION 4. 7.
(Page 4-2)
NEPOTISM
Looking beyond the traditional "relative" definition that may create an
image of nepotism in the employment setting, language has been added to
encompass household members in general. In addition, to help clarify,
examples of what might be viewed as a direct benefit and actual or
possible conflict of interest situations are provided.
TRIAL SERVICE PERIOD
C. For clarity-Regardless of established review periods, an employee is
not released from trial service until they have been found capable of
meeting the position's performance expectations.
D. For clarity -Although the ultimate responsibility for terminating an
employee lies with the City Manager, the action of severing
employment for a trial service employee is carried out by the
Department Director with the City Manager's approval.
HOURS OF WORK
A. For clarity-Work Periods have been defined to establish when overtime
is calculated.
B.3. Colorado legislation requires employers to make accommodations
for breastfeeding employees.
PAY PERIODS/PAY DATES
Adjustment allows for flexible scheduling to avoid overtime situations.
PERSONAL MAIL AND USE OF PHONES
Currently employees are discouraged from making/receiving personal
calls while they are working unless for emergency purposes. In an effort
to keep up with technology, text messaging and social media usage has
also been added to the tasks that should be accomplished on personal time.
Council Action Form
March 26, 20 12
Page 3
SECTION 5.6.
(Page 5-4)
SECTION 5.7.
(Page 5-5)
(Page 5-6)
SECTION 5.9.
(Page 5-8)
Federal Law
change
SECTION 5.11.
(Page 5-10)
Colorado Law
change
SECTION 5.12.
(Page 5-10)
Colorado Law
change
SECTION 5.13.
(Page 5-11)
PERSONAL TIME-OFF (PTO)
C. Buy-Back Provision adjusted to reflect the intent of the policy whereby
employees are first, required to take 80 hours of PTO Leave before
they can access this program; and second, they may not receive
payment for more than 80 hours of unused PTO in a calendar year.
D. In addition, a sentence (#3) has been added to allow for flexibility of
policy stipulations as deemed necessary by the City Manager.
EXTENDED SICK LEAVE, (ESL)
A. In an attempt to realign with the original policy intent, changes include
clarity to the type of illnesses; allows for intermittent use for serious
health issues; and, eliminates ESL usage for the father of a newborn.
In addition, to help reduce liability and deter misuse, the first 40 hours
of use will be required to be charged to PTO rather than ESL.
C. Reducing the rate to 40% at the onset will prevent an overpayment from
the insurance company as a result of approval delays.
FAMILY & MEDICAL LEAVE
A.2. Additional provisions reflect Federal regulations regarding military
family leave entitlements. In addition, section E, the language has
been adjusted to reflect revised FMLA regulation.
WORKPLACE ACCOMMODATIONS FOR NURSING MOTHERS
Colorado legislation requires employers to make accommodations for
breast feeding employees that include: reasonable time (unpaid or paid) to
express milk at work; make reasonable efforts to provide suitable, private
space for this purpose; and, not discriminate against women for expressing
milk in the workplace.
LEAVE FOR ACEDEMIC ACTVITIES
Colorado law grants certain employees who are parents or legal guardians
of children enrolled in school, unpaid, job-protected time off in order to
attend academic activities.
ON-THE-JOB INJURY LEAVE
For clarity -While receiving Worker's Compensation benefits, an
employee may or may not be eligible to receive other benefits such as
short-term or long-term disability payments.
Council Action Form
March 26 , 2012
Page4
SECTION 5.19.
(Page 5-16)
SECTION 5.21.
(Page 5-17)
SECTION 5 .25.
(Page 5-18)
SECTION 6.4.
(Page 6-1)
SECTION 6.6.
(Page 6-2)
(Page 6-3)
SECTION 6.7.
(Page 6-3)
(Page 6-4)
ADMINISTRATIVE LEAVE
The intent of this policy is to collect all money paid to an employee found
guilty while on Administrative Leave. Therefore, it is noted that not only
may the City retrieve monies paid for the initial 30 days leave but any
extension time as well.
COURT APPEARANCE
Adjustment aligns the City with the current pay practice for police officers
that, during their off-duty time, are required to appear in court for job-
related purposes. Payment is for actual hours worked in this capacity or
for two hours, whichever is greater.
CLOSURE OF CITY FACILITIES
The primary adjustments made to this policy involve:
• Employees receive no additional payout for the number of hours the
facilities are declared closed, however, are paid for the hours actually
worked ;
• Employees on Leave will no longer adjust their leave time by the
number of hours the facilities are declared closed;
• Essential employees required to work but do not, may be required to
use leave;
• Temporary or non-benefited employees will receive payment for the
hours they would have worked had the facilities remained open.
PAY UPON ADDITIONAL RESPONSIBILITIES
B. Provides an alternative for occassions where a pay loss may be
experienced when an employee is assigned to a higher class on an
interim basis, (FTO to Sgt.)
CHANGE IN STATUS
B. Simplified reclass stipulations to reflect the common practice in the
industry. Essentially when a position is reclassified , employee's salary
placement is at the new minimum , closest step if applicable, or same
salary, whichever is greater and if at max, salary is frozen.
C.2. Reflects current practice of assigning pay rate commensurate with
qualifications when a demotion occurs.
PERFORMANCE APPRAISALS
C. 4. For clarity -Release of trial service is not date based but when an
employee has been found capable ofperformingjob satisfactorily.
F. Adjustment allows for appeal of a performance appraisal if employee is
dissatisfied . This brings current with Police Department employees.
Council Action Form
March 26 , 2012
Page 5
SECTION 6.9.
(Page 6-4)
SECTION 6 .1 0.
(Page 6-5)
SECTION 7.4.
(Page7-1)
SECTION 8.5.
(Page 8-2)
SECTION 9.3.
(Page 9-1)
SECTION 9.4.
(Page 9-4)
SECTION 1 0.2.
(Page 10-1)
SECTION 11.2.
(Page 11-1)
SECTION 11.3.
(Page 11-1)
OVERTIME AND COMPENSATORY TIME
A. For clarity-Specific reference made on how overtime is calculated for
sworn employees and added a reference to call-back events to reflect
our current practice.
INCIDENT RESPONSE PAY -(CALL-BACK & ON-CALL)
A.2.Reflects current operating procedures regarding employees who report
for work after working extensive hours and how leave time must be
reflected if taken during these circumstances.
CLASSIFICATION SPECIFICATION REVIEW
A. Removed numerous references outlined in this section as a result of the
change in section 6.6 .
WORK-RELATED TRAVEL
For clarity-Additional compensation for work-related travel only applies
to non-exempt employees. In addition , revisions made in A.2. to reflect
the Department of Labor (DOL) interpretation as it pertains to traveling to
another city.
DRUG-FREE WORKPLACE
A. Section 3 outlines the city 's expectations regarding medical marijuana.
DRUG AND ALCOHOL TESTING
D. The policy change in #1 will allow city to conduct post-hire substance
testing for other positions not listed.
REQUIRED DRIVER'S LICENSES
B. Adjusted the motor vehicle grading chart for ease in mapping; added
infraction under minor violation category; and , provided an example of
reckless driving.
APPLICATION OF DISCIPLINE/CORRECTIVE ACTION
For clarity -An employee does not have access to the appeal process if
they are in a trial service status, regardless of the circumstances.
DEFINITIONS
In the "workday" definition, language added to provide scheduling
flexibility.
Council Action Form
March 26 , 2 0 12
Page6
SECTION 11.4.
(Page 11-2)
SECTION 11.5.
(Page 11-3)
SECTION 11.6.
(Page 11-4)
SECTION 11.7.
(Page 11-5)
SECTION 11.8.
(Page 11-5)
SECTION 13.1.
(Page 13-1)
SECTION 13.2.
(Page 13-1)
SECTION 13.5.
(Page 13-2)
SECTION 15.
(Page15-1)
TYPES OF DISCIPLINE OR CORRECTIVE ACTION
Return to Trial Service Period -Again , release of trial service is not date
based but when employee has been found capable to perform their job
satisfactorily.
Counseling, Training, and a Performance Improvement Plan are various
corrective action measures used to help an employee succeed in their job.
NON-APPEALABLE ACTIONS
Removed Performance Appraisal as a non-appealable action and inserted
Performance Improvement Plan which is a tool to help an employee gain a
clear understanding of expectations and improve performance.
REASONS FOR GROUNDS FOR DISCIPLINARY CORRECTIVE
ACTION
Added another item to the list of infractions that may encompass behavior
not already addressed , (horseplay as an example).
AUTHORITY TO TAKE DISCIPLINARY AND/OR CORRECTIVE
ACTION
Administration of the additional disciplinary/corrective actions were
inserted in the appropriate levels of authority.
DISCIPLINARY OR CORRECTIVE ACTION PROCEDURE
The procedure for the newly developed Performance Improvement Plan is
outlined within this section .
PROBLEM SOLVING PROCEDURE
For clarity -Language added to ensure Police Department employees
comply with the standards established through the accreditation process
OPEN-DOOR GUIDELINE
Removed performance reviews from non-appealable section to conform to
current Police Department practice.
APPEAL FOR COMPLAINTS OF DISCRIMINATION
In keeping current with legistalitive updates, additional protected classes
are noted.
ANTI-HARASSMENT
Again, to keep current, the additional protected classes have been inserted.
Council Action Form
March 26, 2012
Page 7
RECOMMENDED MOTION:
"I move to approve the revisions to the Personnel Policies as submitted on March 26, 2012 and
to be effective immediately."
Or,
"I move to deny the revisions to the Personnel Policies as submitted on March 26, 2012 for the
following reason(s) "
REPORT PREPARED/REVIEWED BY:
Karen Croom, Human Resources Manager
Heather Geyer, Administrative Services Director
ATTACHMENTS:
1. City of Wheat Ridge Personnel Policies marked with the proposed adjustments:
Section 1: GENERAL PROVISIONS
Section 2: RECRUITMENT, SELECTION, AND EMPLOYMENT
Section 3: EMPLOYER PRACTICES & EXPECTATIONS
Section 4: EMPLOYEE ETHICS AND PERSONAL ACTIVITIES
Section 5: BENEFITS, PROGRAMS, AND LEAVES
Section 6: COMPENSATION
Section 7: CLASSIFICATION
Section 8: DUCA TIONAL PROGRAMS & WORK-RELATED TRAVEL
Section 9: SUBSTANCE ABUSE
Section 10: SAFETY POLICY, EQUIPMENT, ACCIDENTS & INJURIES
Section 11: DISCIPLINARY/CORRECTIVE ACTION & APPEAL PROCEDURE
Section 13: PROBLEM SOLVING PROCEDURE
Section 15: ANTI-HARASSMENT AND WORKPLACE VIOLENCE
SECTION 1: GENERAL PROVISIONS
Section(s) Revised: 1.8 .1.
1.1. PURPOSE
City_ of Wheat Ridge Personnel Policies
Approved: 03/26/12
Effective : 03/26/12
The purpose of these Policies and Procedures is to set forth personnel policies and procedures to promote
harmonious relations between the employer and the employees; establish a reasonable and peaceful procedure for
the resolution of differences; insure efficient, responsive service to the citizens of Wheat Ridge, Colorado; prevent
political involvement in employment; and, promote employee morale, job stability and career incentives. To these
ends there is established a personnel system for the employees of the City of Wheat Ridge, Colorado.
1.2. SCOPE OF APPLICATION
In the interest of the City of Wheat Ridge employees and citizens, the City adopts policies and procedures to
promote full communication between the City, as the employer, and its employees. The City also sets reasonable
methods to resolve disputes about wages, hours, and other terms and conditions of employment and to
continuously improve personnel management and employer-employee relations.
1.3. PERSONS COVERED
The Personnel Policies shall apply to all employees of the City of Wheat Ridge, Colorado, unless otherwise
specified in the code, by written agreement, or within these policies.
1.4. AUTHORITY OF CITY MANAGER
The City Manager, as appointing authority, has general control and supervision over the affairs of the City. The
City Manager has the authority to establish policies, procedures, and guidelines necessary for the control and
supervision of the affairs of the City. The City Manager has the authority to appoint employees of all City
departments and has the authority to remove employees. The City Manager may delegate the authority to appoint
or remove employees to the Department Directors.
1.5. ADMINISTRATION OF POLICIES AND PROCEDURES
The City Manager shall be responsible for the proper administration and observance of these Policies. In the event
a conflict of duties arises that precludes Human Resources, Department Directors, Supervisors, or the City
Manager from performing a function outlined in these Policies and Procedures, the City Manager is granted the
authority to modify the Policy to ensure the spirit of the process is preserved. Any modification that is foreseen to
continue indefinitely would require an amendment to these Policies and Procedures.
1.6. AMENDMENT AND REVISION
Any employee may suggest an amendment, change, or revision by submitting suggestions in writing to the City
Manager. If the City Manager determines that the suggestion has merit, he/she shall present a copy of the
proposed rule amendment(s) to the City Council. Once adopted by the City Council, in a manner they deem
appropriate, these Policies , or any amendments to these Policies supersede previous editions on the effective date
thereof.
1 .7. ADMINISTRATIVE GUIDELINES AND REGULATIONS
The City Manager is authorized to issue additional administrative policies as may be necessary to carry into effect
this Personnel Policy, except as otherwise provided by ordinance. The City Manager is authorized to approve
supplementary departmental personnel guidelines not in conflict with these Policies.
Department Directors may create guidelines more specific to their respective department operations. Department
guidelines or directives will not conflict with or supersede any provisions of this Personnel Policy. In the event of
any conflict, the City Personnel Policies prevail, unless otherwise determined by the City Manager.
1.8 . EQUAL OPPORTUNITY POLICY
The City of Wheat Ridge is committed to developing a work force which reflects the diversity and composition of the
community we serve, honors and respects the differences and abilities of all the employees and residents, and
provides employees with the necessary opportunities, tools, and support to achieve their maximum potential.
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Equal employment opportunity provides a level playing field for City job applicants and must be linked with a
commitment to non-discriminatorily management of a diverse work force . Diversity complements organizational
values that stress teamwork, leadersh ip, empowerment, and quality service . Diversity means striving to maintain
an environment in which managers value the differences in their employees and take steps to ensure that all
employees know they are welcomed and included .
To achieve workplace equity and inclusion, the City observes the practices outlined below:
1. The City will ensure that it does not discriminate in employment on the bas is of race, color, religion,
national origin, gender, age, disability, marital status , creed , ancestry, sexual orientation , med ical condition ,
political ideology, personal and/or family genetic information, or any other protected status .
2. The City will strive to make employment decisions based on job-related criteria and provide opportunities for
entry and promotion to nontraditional jobs.
3. The City will ensure a workplace free of all forms of unlawful harassment.
4 . The City has developed a procedure for prompt, thorough , and impartial investigations of discrimination or
harassment complaints and will take appropriate measures to provide remedy or relief to individuals who have
been victims of illegal d iscrimination or harassment.
Measures to ensure accountabil ity for managing diversity will be incorporated into the performance management
system for supervisors and managers . The City Manager will evaluate the effectiveness of the City's d iversity
policies and programs . By creating a workplace where everyone can work toward their maximum potential , the City
will strive to reta in quality, productive employees who will provide excellent services to the residents .
1.9. EMPLOYEE COMMITTEES
When deemed necessary by the City Manager, employee committee(s) may be formed to study, discuss , or
formulate recommendations or proposed courses of action regard ing items of interest or concern to the employees .
The City Manager shall decide : composition , purpose , scope, length of service, and authority of such comm ittee(s).
1.10. PRIVILEGES RESERVED
It is recognized that, except as expressly stated herein, the City Manager shall retain whatever rights and authority
as are necessary to operate and direct the affairs of the City in all of its various aspects , including, but not limited
to, the right to direct the working forces ; to plan , direct, and control all the operations and services of the City; to
determine the methods, means, organization, number of personnel by wh ich such operations and services are to
be conducted ; to assign and transfer employees; to schedule working hours ; and to assign overtime; to revise ,
el iminate, combine, or establish new jobs and classifications ; to establish compensation plans and programs; to
determ ine whether goods or services should be made or purchased ; to hire, promote, evaluate, demote, suspend ,
discipl ine, dism issal or relieve employees from duty; to make and enforce reasonable regulations ; and to change or
eliminate existing methods, equ ipment or facilities .
1.11 . COMPLIANCE
In accepting employment with the City of Wheat Ridge , each employee is expected to follow these Personnel
Policies, administrative guidelines and procedures established by the City Manager, and the guidelines and
directives of the department in which they are employed. Volunteers, while perform ing the ir duties in City service,
follow the same guidelines of conduct as City employees .
1.12. SEVERABILITY
If any chapter, section , paragraph , sentence , clause, phrase or portion of these Policies is , for any reason , held
invalid or unconstitutional by a final and unappealable decision of any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent prov ision , and such hold ing shall not affect the rem a in ing
portions hereof.
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1 .13. DEFENSE AND INDEMNIFICATION OF PUBLIC EMPLOYEES
The City Council of the City of Wheat Ridge hereby adopts the following policy of defense and indemnification of
elected officials, public employees and volunteers in the event legal action is brought against said persons :
A. The City of Wheat Ridge, as well as, its "public employees" (as that term is defined in C.R.S . 24-10-103(4) to
include "an officer, employee, servant or authorized volunteer of the public entity, whether or not compensated,
elected, or appointed ... authorized volunteer means a person who performs an act for the benefit of a public
entity at the request of and subject to the control of such public entity) are, collectively, protected from liability
for "all claims for injury which lie in tort or could lie in tort ... " pursuant to the provisions of the "Colorado
Governmental Immunity Act," C.R.S . 24-10-101, et seq. (the Act).
B. The City hereby specifically designates member of boards, commissions, citizen advisory committees or
groups, and task forces and citizens performing duties and activities for the benefit of the City under any City
authorized and supervised volunteer program as "public employees" for purposes of protection by the
provisions of the Act, provided that the members of said boards, commissions, advisory committees or task
forces are appointed by the Mayor and/or City council pursuant to an ordinance, resolution, or motion, and any
such volunteers operate in a City initiated and/or sanctioned program.
C. The City hereby asserts that the City of Wheat Ridge shall define and indemnify any "public employee" as
defined in the Act and, within and subject to the limitations of the Act.
D. The City specifically asserts that the assumption of the duties of defense and indemnification undertaken
hereby are expressly conditioned upon the occurrence of the following acts :
1. The "public employee" shall notify the City Clerk, in writing , within fifteen (15) calendar days of receipt of
any notice of claim, summons and complaint, or other legal document of the existence of the claim/co
plaint/action;
2. The "public employee" shall thereafter cooperate in the defense of said action; and
3. The "public employee" shall not compromise or settle any claim without the consent of the City.
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City of Wheat Rid_g_e Personnel Policies
SECTION 2: RECRUITMENT, SELECTION, AND EMPLOYMENT Approved : 03/26/12
Section(s) Revised: 2 .3 ., 2 .11 .C & D Effective : 03/26/12
2.1 . PURPOSE
The City is dedicated to providing its citizens with superior services, as well as, the most economical use of its
revenues. To that end, the City endeavors to recruit and hire the most talented and qualified employees it can find.
2 .2. CITIZENSHIP
Natural or legal citizens of the United States are provided an equal employment opportunity with the City of Wheat
Ridge. Non-citizens shall meet federal and state employment eligibility requirements before being accepted as an
employee of the City.
2.3. NEPOTISM
The following applies to the employment of City employees' and City Officials' relative(s) or person(s) they claim as
dependent(s) for income tax purposes or any person(s) residing in and sharing with the expenses of the household ,
referred to as "household member". For the purposes of this section, "relatives" include spouse, children
(biological, step-, adopted or foster), brothers, sisters, half-brothers and sisters, step-brothers and sisters, parents,
step-parents, aunts, uncles, nephews , nieces, first cousins , grandparents, grandchildren, and the spouses of the
above.
A. Employees will not be appointed, transferred, promoted, demoted, or work in any position where a relative,
dependent, or household member would be : a supervisor of or give continuous (not sporadic), oversight to the
employee; or responsible for auditing or monitoring work of the employee; or where other circumstances place
the employee and relative, dependent, or household member in a situation of actual or possible conflict of
interest. An actual or possible conflict of interest ex ists when an employee initiates or participates , d irectly or
ind irectly in decisions involving a direct benefit to those individuals identified with in this policy. A direct benefit
could be initial employment or rehire considerations , promotion , salary, performance appraisals , work
assignments , or other working conditions ..
B . If employees marry and the marriage creates a violation of the above paragraph, every effort will be made to
transfer either employee to a position so no violation will exist. If no suitable position is available and a transfer
is not possible, one of the two spouses may be terminated . The decision as to which employee may be
terminated is left to the employees involved, unless business necessity requires the City to decide.
2.4. METHOD FOR FILLING VACANCIES
All vacancies in City service filled by transfer, demotion, promotion, or appointment follow the recruitment process
outlined in the Personnel Procedures Manual. A temporary appointment may be made under the provisions of this
Policy Manual.
2.5. APPLICATION
The City Employment Application form and its contents are established by the City Manager. All candidates for
employment must file , with the Human Resources Office , an employment application form for each position they
are interested in. All statements made on an employment application must be true, accurate and complete.
Additional information such as a resume, cover letter, and supplemental questionnaire may be requested of
applicants. Unless otherwise specifically requested in writing by the applicant, or as otherwise provided by the
Open Records Act, the names of all applicants and all applications for City employment including all appointed
officials of the City shall be public records . Applications placed on a departmental candidates list for appointment
shall be retained at least for the life of the candidate's list. Upon the expiration of the candidate's list, the
application shall be retained for the balance of a two (2)-year period .
2 .6 . SELECTION PROCESS
A. The selection process may consist of a variety of recognized testing techniques . Initially, employment
applications are reviewed for essential conformity to the published minimum requirements . Further screening of
the remaining applicants may include, but is not limited to , personal interviews, achievement tests, aptitude
tests, examination of work samples, physical agility tests, written tests , polygraphs , and investigations of
personal background and references. Selection techniques are reasonable and impartial and re late to those
areas that, in the opinion of those involved in the selection process , fairly show the candidate's qualifications
and abilities to execute the duties and responsibilities of the position to which the candidate seeks appo intment.
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B. Upon completion of an impartial selection process, as determined by the relative department and the Human
Resources Manager, the City Manager makes an appointment from the final candidates based on the results of
testing and other relative considerations. An appointment is usually made upon the recommendation of the
Department Director of the department in which the new appointee is assigned and becomes effective only
after all necessary documents have been signed by the proper City officials.
C. The Human Resources Manager or designee has the authority and responsibility to conduct relative reference
inquiries, make all conditional and/or final offers of employment, and process all appropriate paperwork.
D. Pre-Employment Testing-The City may require a candidate to pass a medical examination, submit to drug
testing and/or psychological examination after a conditional offer of employment has been made and prior to
the candidate's appointment.
E. Test materials shall be confidential and shall be so handled by all personnel having legitimate access to this
material. All examination records which may include applications, test papers for each examinee, names of oral
examiners, summary data on number applying for and passing an examination, and such other information as
deemed pertinent shall be maintained in Human Resources. Test records may be destroyed two (2) years after
establishment date of eligibility list.
2.7. INELIGIBILITY OR DISQUALIFICATION
A. The City Manager may withdraw anyone from consideration whose appointment is considered contrary to the
interests of the City. Reasons for disqualification may include, but will not be limited to, the following:
1. Lack of any of the requirements established for the examination or position for which the candidate applied;
2. A physical or mental disability that makes the applicant unable to perform, even with reasonable
accommodation(s), the essential functions of the position to which appointment is sought;
3. The misuse of intoxicating beverages;
4. The misuse of prescription drugs or use of illegal drugs and/or controlled substances;
5. Conviction of a felony;
6. An unsatisfactory employment record;
7. Deception or fraud in completing the position application;
8. The applicant's request to withdraw from consideration;
9. Failure to reply within a reasonable time, as specified by the City Manager, about the candidate's
availability for employment;
10. Disqualification or unsuitability for employment as specified in any City or departmental rule.
B. Exceptions -Lesser or alternative qualifications may be accepted if the Department Director and Human
Resources Manager determines that it has not been possible to satisfactorily fill a position at the salary
authorized in a reasonable length of time by a person who meets the qualifications as specified.
2.8. EMPLOYMENT LISTS
A. Establishment of Lists -After the completion of an examination, the Human Resources Manager shall establish
an employment list as a means of recommending qualified individuals to fill existing or future vacancies. These
lists shall be of three (3) types:
1. Employment Candidate's List -include the names of persons who have taken a Qualifying Examination
and received a passing score, or who have successfully completed one or more phases of the review
process, but have not totally completed the process, hence are not fully "qualified" for placement.
2. Employment Eligibility List-include applicants who have been interviewed (examined, background
completed, references verified, etc.) for a job in City service, are found totally qualified for a position but
who were not employed in favor of another qualified applicant and/or are awaiting a vacancy to occur.
3. Re-employment Eligibility List -the Human Resources Manager shall establish and maintain a re-
employment eligibility list which shall include the names of employees who were terminated for lack of
work, lack of funds, non-disciplinary or reorganization reasons.
4. Maintenance of Lists - A person shall be carried on an Employment Candidates, Eligibility, or Re-
employment Eligibility list for no longer than twelve (12) months. Maintenance of established lists may be
extended for an additional period, at the discretion of the Human Resources Manager. If there are three (3)
or less names remaining on a candidate's or eligibility list, a new list may be certified or new candidates
may be added to an existing list.
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5. Use of Lists -The appointing authority may appoint a person on the appropriate list in accordance with the
guidelines used to establish the list. A person shall be appointed from a current Candidates and/or
Employment Eligibility List without further examination, except, if required: a medical examination, which
may include a psychological, drug test, physical, and polygraph; the cost shall be borne by the City and
administered by a doctor selected by the City.
2.9. CLASSES OF APPOINTMENTS
A. Temporary Appointments -Whenever a City department requires help because of a special project, a
temporary increase in workload or the absence of a regular full-or part-time employee, temporary
appointments may be made for the duration of such work. The period of this service is not counted as part of
the trial service period if the employee is later appointed to another position, unless such time served is
acceptable to the Department Director concerned.
B. Temporary Re-Assignments-During an emergency or period of unusual circumstances an employee may be
temporarily reassigned within a department for a period of time as determined by the City Manager. City
personnel may be temporarily reassigned from one department to another within the City. Requests for
personnel are approved by both the Department Director for the department to which the employee had been
assigned and the Department Director to which the employee is reassigned. Interdepartmental changes are
not made for employees so assigned. Department Directors control and coordinate programs for training City
employees to assure the maximum use of employees during periods of temporary reassignment.
C. Reappointment -Any regular full-time or regular part-time employee who has separated from City service in
good standing may be considered for reappointment to a position in the same or similar classification in City
service. A written request for consideration must be submitted. The employee may be considered within one
(1) year of the employee's termination. A reappointment may be made without benefit of a new recruitment. In
no way is it mandatory for any appointment authority to reappoint a former employee should the appointment
authority desire not to do so .
D. Transfer -An employee may be transferred by the appointing authority, at any time, to a position if they meet
the minimum qualifications. The transfer must be approved by the City Manager. For transfer purposes, the
definition of "comparable class" is a classification that compensates at the same minimum and maximum pay
rates , similar duties are assigned, and requires substantially the same minimum qualifications.
1. A regular full-time or regular part-time employee may be transferred from one department to another
department with consent of the employee and approval of the affected Department Directors. The City
Manager may order the transfer for purposes of economy and efficiency.
2. Return to Former Position -If the performance of an employee who is transferred is unsatisfactory in the
new position, or if the new position is eliminated and the employee's performance in the original position
had been satisfactory, the employee may be transferred back to their original position, if vacant, or a similar
position that is not occupied. This return transfer is allowed only within a reasonable amount of time,
generally within six (6) months of the effective date of transfer.
3. The transfer of an employee will not be used to effect a promotion, demotion, advancement, or reduction.
Each may be accomplished only as provided in this Personnel Policy.
E. Promotion -It is the policy of the City of Wheat Ridge to encourage the professional development of personnel
within City service. Promotions must involve a definite increase in duties and responsibilities, conform to the
compensation pay principles as cited in 6.6.A., and shall not be made merely to affect an increase in the
employee's compensation . Promotional selection for vacancies is conducted as the needs of the City require.
Regular employees, who meet the requirements of the classification for which an examination is to be held, are
considered eligible to compete in such an examination. However, employees currently serving in a Trial
Service, (initial or as a return), may not apply for promotion. This restriction does not apply to employees on
promotion lists. Exceptions to this may be made by the City Manager upon the recommendation of the
Department Director or his/her designee . The City Manager shall have final authority with respect to approval
of all promotions.
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F. Demotion-The City Manager may demote an employee reasons or conditions to include, but not be limited to:
1. The employee's performance of required duties falls below commonly accepted standards;
2. Disciplinary reasons as set forth in Section 11 .6. (Reasons or Grounds for Disciplinary Action);
3. An employee's position is eliminated;
4. An employee requests such demotion;
5. A departmental reorganization that affects employee positions;
6 . No employee is demoted to a classification for which the employee does not have the minimum
qualifications.
2.10. APPOINTMENT OF APPLICANT
Once the selection procedures have been completed, the results shall be reviewed and a recommendation made to
the appointing authority regarding the applicant best suited for the position . The recommendation may consist of
one (1) applicant or a number of applicants who are eligible for appointment to the position. For the purposes of
these Policies, the City Manager has delegated to the Department Directors, the authority to recommend
appointment of employees to their respective departments. The Human Resources Manager or designee has the
authority and responsibility to conduct relative reference inquiries, make all conditional and/or final offers of
employment, and process all appropriate paperwork .
2.11. TRIAL SERVICE PERIOD
A. Purpose -The trial service period is a time to observe closely the employee's performance in order to achieve
an effective match and/or adjustment of the employee to his/her position. During this period, the employee is
on trial to demonstrate his/her ability to perform the requirements of the position at a level that meets City and
departmental expectations and standards .
B. Length of Period-
1. Original and Promotional Appointments -are conditional and subject to a trial service period from the
time of appointment. This initial trial service period is for a minimum of twelve (12) consecutive months of
actual service for sworn police personnel and the personnel responsible for processing emergency/non-
emergency calls in the Police Communications Center, (dispatch), and six (6) consecutive months for all
other employees. The City Manager, upon written request from a Department Director, may grant an
extension of the trial service period up to a maximum of six (6) additional months. The completion of a trial
service means the employee has been appraised and found capable of meeting the performance
expectations of the position during the trial service period .
2. Return to Trial Service -If an employee's performance is failing and he/she is not meeting the
expectations of the department, the employee's supervisor, with the approval of the Department Director,
may place the employee on a Return to Trial Service status . During this period, the employee does not
accrue time for compensation review or promotion; is not allowed to compete in promotional examinations
or recruitment; and may be denied movement through the pay plan until improvement is shown. This action
places the employee in a review status, for a period of not less than three (3) months and should not
exceed six (6) months duration. The employee should be, reviewed at least every thirty (30) days . If the
supervisor determines further extension is appropriate, approval must be received by the Department
Director and the employee must be informed of the extended date, as well as, the reasons for the further
extended review period.
C. Regardless of the established time period , only when a trial service employee has been found capable of
meeting the performance expectations of the position are they then released from trial service status .
D. Employee Status -During the trial service period, a trial service employee may be suspended, demoted, or
terminated at any time as determined by the Department Director and approved by the City Manager. The
Department Director gives the City Manager a written appraisal of the employee's performance, as well as, any
written recommendation for the employee's suspension, demotion, or rejection. A copy of the notification of
suspension, demotion, or rejection is given to the trial service employee. Rejection of a trial service employee
becomes effective only after approved by the City Manager. An employee's rejection is not subject to appeal.
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2.12. ORIENTATION OF NEW EMPLOYEES
All new or rehired employees shall receive City Employment Orientation through Human Resources as a
prerequisite for position and budget control , and to ensure all essential and required forms have been completed .
The orientation may include, but isn 't necessarily limited to: an explanation of fringe benefits and these Guidelines
(excluding department regulations); applicable Administrative Guidelines ; an overview of the City and its
departments; and other items of interest to new employees . Orientation meetings for new employees shall be
coordinated with the schedule of Human Resources , new employee, and the relevant department.
2.13. PAYMENT FOR TRAVEL FOR INTERVIEW PURPOSES
The City Manager may authorize the payment or reimbursement for all travel , meals, and lodging expenses
incurred by applicants traveling to the City to be interviewed for department or division director positions . Payments
shall be made from the Human Resource 's budget.
2 .14. RELOCATION EXPENSES
After authorization by the City Manager, relocation expenses may be reimbursed to newly appointed Department
Directors, provided such funds are available. Such expenses shall be limited to the moving of household goods of
the newly appointed Department Director. Payments shall be made from the appropriate departmental budget.
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SECTION 3 : EMPLOYER PRACTICES & EXPECTATIONS
Section(s) Revised: 3.2., 3.4.
3.1. EMPLOYEE COURTESY
City of Wheat Ridge Personnel Policies
Approved : 03/26/12
Effective : 03/26/12
All employees must treat all customers, clients, guests, visitors, volunteers, and other employees with the greatest
degree of respect. courtesy, kindness and caring. The City is in the "people business," and it is of the utmost
importance that employees maintain a friendly, courteous and cooperative atmosphere on the premises.
3.2. HOURS OF WORK
A . For full-time employees, the standard workday may range between eight (8) hours and ten (1 0) hours . The
standard workweek for civilian employees is forty (40) hours. Law enforcement (sworn) personnel, as defined
in the Fair Labor Standards Act (FLSA), may be assigned a work period, rather than a workweek, as described
in FLSA. The City of Wheat Ridge has established a work period of 14 days for purposes of calculating
overtime pay for sworn employees . For overtime compensation, see Personnel Policy 6.9.A. Tl:le staAEiar:d
werk•.veek be~iAs 9A Sah:1rEiay 12:01 a .m. aAEI eAEis 9A tl:le fellewiA~ FriEiay at 12:00 miEI Aigl:lt 1-tewe•ter, tl:le
City reserves the ri~l:lt te alter the werkweek aAEI t.verk ssl:leEil:lles fer tl:le pl:lrpese ef premetiA~ effisieAt
eperatieAs er etl:ler reaseAs fel:IAEI te be fer tl:le ~eeEI ef the servise. Sl:IGR sl:laA~es, as resemmeAEieEI by tl:le
OepartmeAt Oirester, ml:lst be appreveEI by tt:le Ci~ MaAager.
B . Meal/Rest Periods
1. Meals -Non-exempt employees should take a minimum one-half (1/2) hour lunch break (without
compensation) when working at least five (5) consecutive hours.
2. Breaks -Employees may take one 15-minute break (with compensation) for every four (4) hours worked .
Break rooms with vending machines at various City facilities are provided for employee's use during their
breaks. For liability reasons , employees must stay on the premises/work site during the ir breaks.
Exceptions must be approved by an employee's respective Department Director.
3 . Reasonable unpaid breaks are required to be provided to nursing mothers to express milk for their infants
after the child's birth . Such breaks, as much as possible, should run concurrently with the rest and meal
periods already provided . If however , add it ional time is needed , the employee will be required to use PTO
leave. For further information, see Personnel Policy 5.11 .
4 . The granting of meal and rest periods shall depend on the constraints of working conditions w ithin each
department. Regulations shall be set forth by the Department Director of the respective department and
any exceptions must be prearranged with the Department D irector or designee.
5 . Rest periods shall not be considered to accumulate if they are not taken and shall not be used to shorten
the normal workday or to alter the assigned lunch period .
C . Department Director may change an employee's work period w ith at least five (5) days notice, except in an
emergency, in order to be consistent with the needs of the City.
3 .3. ATTENDANCE
Employees report for their work assignments at the times and places established by their supervisors . Each
department prepares attendance records for all employees on the form approved by the City Manager ..
3.4 . PAY PERIODS/PAY DAYS
The City is on a bi-weekly payroll system w ith the pay period primarily beginning on Saturday 12:0 1 a .m. and
ending on the second Friday following at 12:00 mid-night, (in order to comply with FLSA requirements , time
references may vary for abnormal work schedules). Disbursement of paychecks or statements occurs every other
Friday, by a method established by the City Manager. If a new employee is hired after the deadlines established
for payroll , payment will be made on the following payday. Exception to this will be determi ned by the City M anager
after review of a written request submitted by the appropriate Department Director.
3.5 . AUTOMATIC DEPOSIT
Employees have the option of having their paychecks deposi ted directly into any bank or credit un ion vi a an
e lectronic fund transfer. Forms may be obta ined in Human Resources. Automatic Deposits typically ta ke effect the
second payroll cycle after receipt of your request. An employee's payroll check may be removed from direct payroll
deposit at any time that the employee's pay needs to be adjusted to account for leave w ithout pay, suspensions,
terminations , where no pay is due for all or a portion of the payroll period and where the em ployee has res ig ned or
owes money to t he City.
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3.6. DEDUCTIONS
Deductions from employees' pay include, but not limited to:
• Deductions required by law and contracts, which include federal withholding tax, state withholding tax, Social
Security tax (where applicable), state retirement systems, health care insurance co-payments.
• Deductions can be arranged for the credit union, United Way, deferred compensation, and other deductions as
approved by the City Manager. These types of deductions are arranged only upon receipt of the written
authorization from an employee.
3 .7 . ATTIRE AND APPEARANCE
Although the City of Wheat Ridge wishes to encourage individual freedom with respect to an employee's choice of
attire, the City should be known as an organization where employees exhibit a professional image, enjoy their work,
and create extraordinary results. The amount of public contact and the "setting• of the contact should be a
determining factor in what to wear-the more formal the setting, the more professional the wear .
It is recognized the City of Wheat Ridge employees work in a wide range of environments that will have different
standards for suitable clothing . However, regardless of the work area:
Wearing apparel must be stain-free, neat, clean and in good repair.
Personal appearance, including personal hygiene and fragrances, hair style/color, tattoos and body piercing
must project a non-offensive, professional image as it relates to the job duties.
Attire that creates a safety hazard for the public or employee will not be allowed .
Casual Fridays-Normally, each Friday, is designated as "casual day", when the employees who are not assigned
a specific uniform , may wear casual business attire. Although the attire is more casual on this day for those
employees, they should still wear clothing that communicates a professional image. Casual Friday is recognized
on the day after each Thursday and is not to be interpreted as a day where an employee's "Friday" may be on
another day of the week , (e.g ., a 4/10 schedule and Thursday is the employee's last day of their workweek).
For specific acceptable attire, please refer to the applicable Administrative Guideline, as established by the City
Manager and your departmental policies or operating guidelines .
3 .8 . SMOKINGfrOBACCO PRODUCTS
A. Purpose -The object of this policy is to provide a healthy and productive work environment for all City
employees . The policy responds to the growing medical and scientific evidence showing the detrimental effects
of smoking and/or tobacco by-products on personal health and work performance; to public laws related to
smoking in public facilities; and , to the strong desire of many City employees to work in a tobacco-free
environment. This policy intends to provide a tobacco-free work environment for all employees. It does not
intend to infringe upon the personal right and decision of an employee to smoke or use tobacco products.
B. Definitions:
Smoking or to Smoke: Inhaling, exhaling, or carrying any burning tobacco or other plant matter. This includes,
but it not limited to , cigarettes , cigars, or pipes .
Enclosed Work Area : An area enclosed by a roof and walls with at least one opening for ingress and egress .
The area is owned, leased, or rented by the City with intended use by officers and employees of the City.
Common Area: Included, but is not limited to, employee lounges, lunchrooms, conference rooms, stairways,
elevators , hallways , and rest rooms.
Tobacco Debris : Includes, but is not limited to, smoke , ash , or any other residue resulting from using tobacco
products and also includes cigarette or cigar butts. cigarette paper, or products packaging tobacco.
City Facility: An enclosed facility, including any automobile, that is owned, leased, or operated by the City and
that is frequented by the public or represents the workstation of an employee.
Automobile: Any City car, truck, pickup, or other equipment or vehicle.
C . Uniform Smoking/Tobacco Product Policy-Tobacco use is prohibited twenty-four (24) hours of the day, every
day, in all enclosed work and common areas, facilities, and automobiles . Tobacco use is permitted in outdoor
areas unless the smoke could be drawn into a workplace or common area. All employees who elect to use
tobacco products in outdoor areas are responsible for the proper maintenance and/or removal of all associated
debris. The City-wide smoking/tobacco product policy applies to all City work and common areas, whether in
an individual or shared office space, or an automobile. The policy also applies to all persons who visit enclosed
work and common areas during all hours and days of the year. These persons include all officers, employees,
contractors, and members of the general public.
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D. Violations-Discipline may be imposed, in accordance with the Personnel Policy, on any employee who violates
the City smoking/tobacco product policy. The primary objective of discipline is to correct the behavior in
violation of the policy, not to punish employees who partake.
3.9. PERIODIC PHYSICAL EXAMINATIONS
Periodic physicals may be required for certain employees, as directed by the Department Director, to ensure their
ability to perform the position. Such physical examinations will normally be conducted while the employee is on
duty. If a non-exempt employee is required to submit to examination other than during normal duty hours, the
employee shall be paid for all time required for the examination. The City shall pay the cost of the initial
examination required by this section. If, as a result of the initial examination, further follow up tests and/or
treatment are required, the costs incurred shall be submitted to the employee's insurance company for payment.
3.1 0. COMPUTER AND ELECTRONIC MEDIA USAGE
A. Purpose -The intent of this policy is to ensure that privacy, security, and legal issues concerning the City's
personal computers, computer networks, and computing systems, Internet, Intranet, and other forms of
electronic media including voice mail, E-mail, fax, bulletin boards, and other electronic communication forums
are addressed, and that a guideline is formally established to define appropriate use of these tools.
B. Scope -This guideline applies to all City Employees, contractors, consultants, their assigns, or other persons
authorized by the City to access and utilize its electronic media systems. A person's use of the City's electronic
media systems constitutes agreement by such person to abide by the terms of this guideline. The use of
electronic media files shall comply with the requirements set forth herein and other ordinances, guidelines, or
procedures promulgated by the City or other authoritative body.
C. Usage
1. Only software that has been authorized and/or purchased by the City should be loaded or used on any City
computer and once installed, may not be disabled or circumvented in any way without authorization. Any
software or files downloaded via the Internet into the City network become the property of the City.
2. Employees must comply with copyright and licensing laws for materials, software, and other media, as well
as, any other federal, state, or local law, ordinance , or regulation.
3. No employee may knowingly use City facilities to download or distribute pirated, unlicensed, or stolen
software or data. Employees with Internet access may not use City Internet facilities to download
entertainment software or games, or to play games against opponents over the Internet. In addition, video
or audio streaming and downloading are prohibited except when directly work-related.
4. Employees must obtain appropriate approval prior to making information available via Internet service,
Intranet, E-mail, or other forms of electronic media. Files containing sensitive City data that are transferred
in any way across the Internet must be encrypted.
5. The City's electronic mail and other information systems will not be used in a way that could be
discriminatory, harassing, disruptive or offensive to others. The viewing or displaying of any kind of
sexually explicit image or document on any City system, unless directly work-related, is prohibited. In
addition, sexually explicit material may not be downloaded, archived, stored, distributed, edited, or
recorded using City resources . If you find yourself connected inadvertently to a site that contains sexually
explicit or offensive material, you must disconnect from that site immediately, regardless of whether that
site had been previously deemed acceptable by any screening or rating program.
6. The communication systems and Internet utilized by the City are intended solely for business use.
Employees should use the computer and electronic media systems to accomplish job responsibilities more
effectively and for business and work-related communication. Usage to solicit others for commercial
ventures, religious or political causes, outside organizations or other non-job related solicitations are
prohibited. Employees may, however, use their Internet facilities for non-business research or browsing
during mealtime or other breaks, or outside of work hours, provided that all other usage practices are
adhered to.
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7. Computer equipment, software, or documentation shall not be removed from the City premises without the
prior permission of the Department Director nor should software be given to any outside third party.
8 . No employee may use the City's Internet facilities to deliberately propagate any virus or other malicious
code .
9 . In general, employees have an obligation to use their access to the Internet, Intranet, E-mail, Voice Mail,
Fax, and other electronic media in a responsible and informed way, conforming to network etiquette,
customs and courtesies, and representing the City in a positive manner.
D . Password Use-Log-on and other passwords may not be shared with any third party, nor may they be shared
with another employee other than their Department Director and the network administrator. All passwords or
changes in passwords must be approved and documented through the network administrator. The network
administrator or designee may override password controls when adjustments are needed in the system or
retrieval of information is required to conduct City business.
E. Privacy -Employees should have no expectation of privacy in either sending or receiving electronic messages
and other information on the Internet, Intranet, or other electronic media and should be aware that any and all
records, files, communications and software stored by employees on the City's computer system are the
property of the City. E-mail messages , Intranet, and Internet records are to be treated like shared paper files,
with the expectation that anything in them is available for review by authorized City of Wheat Ridge
representatives. Employees should be aware that regular system backups are conducted and that copies of
information thought to be deleted may be included in system back-up files.
1. The City reserves the right to access , monitor and disclose the contents of employee E-mail messages,
Intranet, or Internet records without notification to or permission from the employees sending or receiving
the messages. The City may disclose the contents of electronic media sent to or received by City
employees and elected officials and may use information regarding the number, sender, recipient and
addresses of messages sent over the electronic media systems for any purpose . Furthermore , such data
may be discoverable in litigation.
2. Persons who receive misaddressed e-mail shall return, if possible, such e-mail to the original sender with a
message stating the e-mail was misaddressed . The receiving party shall not save the misaddressed e-
mail. A person receiving misaddressed e-mail that the receiver believes violates this guideline or any other
ordinance, guideline or procedure, shall forward the e-mail to the sender's Department Director or the
Deputy City Manager for appropriate action instead of returning the misaddressed e-mail.
3. The network administrator or designee shall be responsible for preserving all electronic public records ,
either on or off the system for a length of time consistent with the City ordinances and Colorado statutes .
4. Communications dealing with real property acquisitions, legal actions, municipal security, personnel
matters, negotiations, and criminal records shall not be accessible by the public in accordance with public
records policies.
5. Employees should be aware that under the Colorado Open Records Act , members of the public may have
access to e-mail and voice mail messages.
F. Retention -Employees are responsible for retaining documents sent via the e-mail system in accordance with
retention schedules and guidelines established by the City Manager.
G . Violations and Discipline-Employees are required to comply with the provisions included in this policy, as well
as those in other policies that relate to the topics included in this document. Violations of any provisions of this
policy may cause the employee to be personally liable for monetary damages, criminally liable, and/or to be
subject to disciplinary action up to and including dismissal.
H. Employment Separation
1. Human Resources shall be responsible for notifying the appropriate IT staff member upon the termination
of an employee to ensure the removal of all necessary access codes and passwords for security purposes .
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2. All computer hardware, software, and manuals shall be returned to the employee's immediate supervisor or
to Human Resources at the employee's exit interview.
3 .11. PURCHASING POLICY
The purchasing function of the City, involves the procurement of all goods and services at the best value,
consistent with the quality needed for effective use. For specific procedures and approval levels, refer to the
internal administrative purchasing policy. Violations of the purchasing policies and procedures will be subject to
disciplinary action up to and including dismissal.
3.12. EMPLOYMENT VERIFICATIONS/REFERENCES
To protect the City and staff from potential legal claims related to information released about current and former
employees, all verifications, references , and inquiries regarding current and former employees must be referred
directly to Human Resources . A Letter of Employment Recommendation may be given to an employee if a signed
written release is first obtained by said employee and the written recommendation, prior to its release, is reviewed
and approved by Human Resources.
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City of Wheat Ridge Personnel Policies
SECTION 4: EMPLOYEE ETHICS AND PERSONAL ACTIVITIES
Section(s) Revised: 4 .7.
4.1 . PURPOSE
Approved: 03/26/12
Effective : 03 /2 6/12
The City expects its employees to subscribe to the highest set of ethics, values, and principles in providing service
to all customers, both inside and outside of City employment. The City expects employees to be fair, honest, and
committed to high levels of customer service and professionalism . Anyone who fails to live up to such ethical
standards reflects negatively on the entire City work force. Working for a government entity requires that
employees also adhere to standards unique to employment in the public sector. This section delineates some of
those issues .
4.2. INCOMPATIBLE PERSONAL ACTIVITIES OF CITY EMPLOYEES
A. Examples of prohibited activities include, but are not limited to:
1. The use of City time, facilities, equipment, or supplies for private gain or advantage;
2 . The use of the badge, uniform, prestige, or influence of an employee's position for private gain or
advantage;
3 . The direct or indirect solicitation or acceptance of gratuities, loans, gifts, merchandise, meals, beverages,
or any other thing of value in connection with or resulting from an employee's official position . Nor will
employees use their official position , badges, or identification cards to obtain privileges not otherwise
available to them;
4. The performance of an act when an employee is off duty that may later be subject to direct or indirect
control, inspection, review , audit , or enforcement by that employee of the City in the exercise of their City
duties.
B . During an employee's workday, an employee is expected to devote his/her time, attention, and efforts to the
duties and responsibilities of the employee's position in City service and personal business should be taken
care of during lunch and break periods as much as possible .
4.3 . EMPLOYEE'S PERSONAL FINANCIAL AFFAIRS
Employees need to make every effort to arrange their personal financial affairs so that credit and collection
agencies do not have to make use of the offices of the City or City staff members to make collections.
4.4. OFF-DUTY EMPLOYMENT
An employee may engage in off-duty employment provided the employee receives written approval from the
Department Director. Such employment shall be granted if the outside employment is consistent, compatible, not in
conflict with the employee's duties in City service and will not negatively affect the performance of the employee
while in City service. The Department Director determines which activities are acceptable or not in accordance with
the preceding guidelines.
4.5. EMPLOYEE POLITICAL ACTIVITIES
A. There are no restrictions on the right of an employee to participate in off duty political activities to the same
extent as any citizen.
B. The employee may not, however:
1. Disturb employees during their work periods or work days to solicit support for a candidate or issue;
2. Use public facilities for political activity;
3. Use the employee's position to influence another person or persons for political purposes.
4.6. SOLICITATION OF EMPLOYEES
Employees , other persons, or firms desiring to sell or deliver items or services to employees , or solicit charitable
donations , may meet solicited employees during time approved by the supervisor or lunch/break periods, providing
such action is not disruptive to the work environment.
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4.7. PERSONAL MAIL AND USE OF PHONES
A. With the exception of emergency situations, personal calls, inclu s iv e of text messaging, and social media usage
should be accomplished during breaks, lunch period, or before or after work hours. All charges incurred by
employees using City phones, inclusive of cellular phones, for personal business shall be the respons ibility of
the employee and must be paid in full by the employee upon receipt of the billing.
B. Mail-Employees may utilize the established mail system . However, employees must not use City stationery,
City postage, or the City mailing address for their personal use. Exceptions to this guideline must be pre-
authorized by the employee's Department Director or designee.
4 .8 . EMPLOYEE PRIVACY
The City does not assume responsibility for any theft or damage to the personal belongings of City employees.
Therefore, the City encourages its employees to avoid bringing private articles or property to work. Employees are
also advised that searches of employee personal property that is on the City's property may be conducted without
advance notice and with probable cause. Employees may not use a personal lock on company property, unless
authorized by management. The City retains a copy of the key or combination to all locks that are provided for use
by employees in the work place. Employees who do not consent to the inspections described above may be
disciplined up to and includ ing immediate termination . In addition, employees should have no expectation of
privacy with regard to their computer files and electronic messages (see Section 3 .10.), and contents of all city
computer, telephonic, and other electronic equipment.
4.9. CONFLICT OF INTEREST
An employee who has a direct or indirect financial interest, or a personal or private interest, in any contract with the
City, in any matter before the City Council or its boards and commissions, in any sale of land, material, supplies or
services to the City, or to a contractor supplying the City, shall make known that interest to the City Manager, as
provided by state law, and refrain from participating as a City employee in such sale, in the award and
administration of such contract, or in any such matter before the City Council or its boards and commissions. Any
deviation from this guideline, concealing an interest or failure to d isclose any relevant interest in a timely fashion ,
whether or not intentionally will not be tolerated .
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City of Wheat Ridge Personnel Policies
SECTION 5: BENEFITS, PROGRAMS, AND LEAVES
Sections Revised : 5.6.0 .1., 5 .7A , 5 .7 .C .1, 2 , 5.9 ., 5 .1 1., 5 .12., 5 .19 .C ., 5 .21 .8.1 ., 5.25
Approved : 03/26/12
Effective: 03/26/12
5 .1 . GUIDELINE
The City Manager, subject to budgetary limitations set by the City Council, may provide fringe benefits to
employees . Such benefits may be enumerated and explained to Employees through these Policies , meetings ,
orientation, memoranda, booklets , etc.
A. Except as may be governed by law or written agreement, benefits may be increased , decreased , eliminated ,
changed or modified from time to time as deemed necessary or appropriate by the City Manager and approved
by the City Council. The City will make a reasonable effort to provide employees with a minimum of thirty (30)
calendar-day notice prior to the effective date of any benefit change which results in a reduction of benefits.
B. Leave and holiday time off as described in this section, excluding work breaks, may be requested and
approved in increments of at least 1/4 hour. Leave and holiday time used , if less than 1/4 hour, will be charged
as 1/4 hour used.
C. Some of the following benefit programs are described in greater detail in benefit plan documents that may be
reviewed in Human Resources. None of the following Policies is a summary plan description under the
Employee Retirement Income Security Act , as amended or under any other statute, regulation or rule. In the
event of any conflict between the following summaries and the terms of any employee benefit plan, the terms of
the employee benefit plan will control. Employees may review copies of any applicable summary plan
description or benefit plan by contacting the Human Resources Office.
5.2 . EMPLOYEE ASSISTANCE PROGRAM
A . The following policy reflects the City of Wheat Ridge's concern for the wellbeing of its employees as well as its
dedication to the efficient accomplishment of its organizational goals . The City recognizes that an employee or
member of his or her immediate family may have personal problems and various emotional problems and such
problems may adversely affect the employee's job performance . The City believes resolution of these
problems is in the best interest of both the employee and the City. Therefore, the City of Wheat Ridge has
contracted to make available to all employees and their families a free counseling and referral service .
B. The City encourages any employee who is experiencing any personal problem to seek assistance, either by
contacting a manager or the Human Resources Manager, or through outside service organizations .
1. Self-Referral -The City encourages any employee who is experiencing a personal problem to seek
assistance, either by contacting his or her supervisor, Department Director, the Human Resources
Manager, or through outside service organizations .
2 . Supervisorv-Referral -When a supervisor becomes aware of a developing pattern of unsatisfactory job
performance which has not been corrected through the City's standard disciplinary procedures or the
employee's own efforts, and when the supervisor believes it can be improved by participation in the
program, the supervisor may recommend or require the employee seek assistance.
C. It is not the role of any supervisor or manager to attempt to diagnose or resolve any employee's personal
problems. However, it is the responsibility of the supervisor to be clear about the job performance expectations
of employees, to document specifically any deviations from these expectations , both positive and negative, and
to take appropriate corrective action in the event the employee's job performance fails to meet acceptable
standards.
D. Only documentation relating to job performance may be placed in the employee's personnel file ; however no
reference to suspected personal problems will be included, only when those personal problems directly relate
to the performance problem(s).
E. The City will not discriminate against any employee in terms of job security or promotional opportunities based
in any part on the voluntary use of the services discussed herein. Neither will participation in an assistance
program alter the job performance requirements of any employee.
F. Personal problems are the respons ibil ity of the employee and , beyond the initial assessment and referral from
the employee ass istance program will be the responsibility of the employee to bear the cost , in conjunction with
insurance.
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5.3. RETIREMENT
Participation in a Retirement Plan is mandatory for all employees. Determination as to which plan will be used will
be in accordance with regulations established by the City. Details of plans are available in Human Resources.
5.4. OFFICIAL HOLIDAYS
The City Personnel Policies authorize holiday pay or time-off for regular full-time and regular part-time employees
each year . A "Holiday" is worth eight (8) hours for regular full-time employees and is pro-rated for regular part-time
employees, based on the number of hours they are registered to consistently work on a weekly basis .
A . OFFICIAL HOLIDAYS
1. The following holidays are recognized as municipal holidays for pay purposes. Regular full-time and
regular part-time employees have these days off with pay:
New Year's Day Memorial Day
Martin Luther King Jr. Day Independence Day
Presidents' Day Labor Day
Veterans' Day
Thanksgiving Day
Christmas Day
Day after Thanksgiving Day
2 . Official City holidays which fall on Sunday will generally be observed on the following Monday. Those
which fall on Saturday will generally be observed on the preceding Friday.
3. During Official Holidays, most City departments will be closed . Exceptions are those departments
responsible for providing public safety/emergency services and the recreation center. Department
Directors have the discretion of determining who may work on an Official Holiday.
B. ELIGIBILITY CRITERIA
1. The total number of Official Holidays hours a regular employee is eligible for (based on their status , FT or
PT) will be available to them at the first of each year and may be utilized as approved by the relative
Department Director. The total number of Official Holiday hours granted to the employee each year must
be utilized during said year and will not carry over to the next year.
2. DURING AN EMPLOYEE'S FIRST YEAR OF EMPLOYMENT, the number of holiday hours avail able will
be pro-rated , based on the employee's date of hire.
3. Employees currently on unpaid leave (and not under Family or Medical Leave) will not earn holidays or
receive holiday pay.
C . UTILIZATION/COMPENSATION
1. Non-exempt employees who are required to work on official holidays, will be entitled to their regular rate of
pay for all hours worked on the holiday in addition to holiday pay (8 hours or pro -rated as applicable) Qr
equivalent time off, with the approval of the employee's supervisor.
2 . When the holiday falls on an employee's regular day off, they may be permitted to work their normal
schedule and take the holiday at a later time.
3. All employees , regardless of exemption status, will be required to complete a payroll time sheet during a
payroll period in which a holiday occurs to denote whether the holiday was taken or not. In addition,
anytime holiday hours are used, the employee must complete a payroll time sheet in order for the hours to
be withdrawn from his/her holiday bank. 4, If the payroll timesheet is not completed properly and payroll
has to determine what hours will be used, hours will be deducted from the employee's leave accruals in the
following order: holiday leave first; compensatory time second ; PTO time last.
4 . Holidays may be used in any increments of time unless an emergency requires otherwise, as approved by
the relative Department Director. If the employee, however, chooses to use less holiday hours than they
are normally scheduled to work, the difference in hours must be taken from another leave bank such as
compensatory time, PTO, or leave without pay, if no other leave is available or the employee may, if pre-
approved by his/her supervisor, work the difference on another day of the week in which the holiday
occurs .
5-2
5.5.
5. Upon termination, the employee's final paycheck will be adjusted to reflect the appropriate number of
holiday hours they would normally be eligible for based on when the holidays occur.
a. If there is an insufficient amount in the employee's final paycheck to deduct for overpayment of holiday
hours, the employee will be required to make restitution in a manner mutually agreed upon by the City
and employee.
b. The actual termination date will be the last day of active employment and will not be extended with
unused holiday leave unless pre-authorized by the City Manager.
RELIGIOUS HOLIDAY OBSERVANCE
An employee who wishes to be excused from work in observance of a religious holiday will request approval of the
absence from the Department Director. If approved, the time off is charged against Personal Time-Off leave or
compensatory time.
5.6. PERSONAL TIME-OFF LEAVE (PTO)
A. PURPOSE
Recognizing the varying work schedules of City employees and employee's diverse needs for time away from
work, the City provides a general Personal Time-Off (PTO) leave program for its employees. Personal Time-
Off is accrued by regular employees to use for vacations, medical/dental appointments, personal business,
child care problems, bereavement, family emergencies, off-the-job injury, incidental illness, incidental care for
family members, and all other absences not covered under another plan.
B . ELIGIBILITY CRITERIA
1. Effective on appointment, all Regular employees will accrue Personal Time-Off on a bi-weekly basis for 26
pay periods each year according to the following schedule:
81 Wt kl H ded d d t fl t th fl II ~ -ee y ours are roun an ono re ec e u rae
40-HOUR 35-HOUR 30-HOUR 25-HOUR 20-HOUR
STATUS STATUS STATUS STATUS STATUS
Years of Bi-Annual Bi-Annual Bi-Annual Bi-Annual Bi-Annual
Service Week Accrual Week Accrual Week Accrual Week Accrual Week Accrual
Hrs. Days Hrs. Days Hrs. Days Hrs. Days Hrs. Days
0 through 5 6 .15 20 5.38 17.50 4.62 15.00 3.85 12.50 3 .08 10.00
6 through 10 7.08 23 6 .19 20.00 5.31 17.25 4.42 14.00 3.54 11.50
11 through 15 8.00 26 7 .00 22.75 6.00 19.50 5.00 16.25 4.00 13.00
16 or more 8.92 29 7.81 25.00 6.69 21.75 5.58 18.00 4.46 14.50
2. Personal Time-Off accruals will increase to the next level beginning on the first full pay period following the
employee's appropriate anniversary date, (date of hire with the City as a "regular" benefited employee).
3 . PTO will continue to accrue during periods of absence while the employee remains in an active pay status.
However PTO accrual will be discontinued during periods of Short Term Disability (STD) and Long Term
Disability (L TO) unless the employee uses PTO hours to supplement his/her disability payment in order to
receive 1 00% of their normal base pay.
4. Maximum Accumulation -The maximum accumulation of Personal Time-Off will be limited as shown in the
following chart . An employee who reaches the maximum accrual limit will not be credited with further
Personal Time-Off until their accruals are reduced below the limit.
40-HOUR 35-HOUR 30-HOUR 25-HOUR 20-HOUR
STATUS STATUS (.875) STATUS (.75) STATUS (.625) STATUS (.50)
Years of Maximum Maximum Maximum Maximum Maximum
Service Accrual Hours Accrual Hours Accrual Hours Accrual Hours Accrual Hours
0 through 5 210 183.75 157.50 131.25 105
6 through 10 240 210.00 180.00 150.00 120
11 through 15 270 236.25 202.50 168.75 135
16 or more 300 262.50 225.00 187.50 150
5-3
C. UTILIZATION
1. Scheduling Personal Time-Off -Scheduled PTO is distinguished from unscheduled PTO by the degree of
control or discretion the City, through its Supervisors and Department Directors, exercise in the scheduling
of time off.
a. Scheduled Use-Every effort will be made to accommodate the employee's requested dates for PTO,
however, the scheduling of time off will be at the discretion of the Supervisor and/or Department
Director based upon operational considerations . To schedule leave, a Request for Leave form must be
submitted in advance of the use of the leave to the Supervisor or Department Director no less than five
(5) days prior to the usage of leave unless otherwise directed by the employee's Department Director.
b. Unscheduled Use-in the event the employee is unable to work due to unforeseen personal illness or
injury, or for other unforeseen reasons, the following provisions will apply:
1 ). Notification -If unable to report to work for any reason, employees must personally communicate
this fact to the Supervisor or designee as early as required by the individual's operating
department. Such notification must be made each time a scheduled work shift will be missed
unless his/her supervisor has pre-authorized otherwise. Employees failing to comply with this
provision (except for a showing of good cause as determined by the Department Director), will not
be paid for an unscheduled absence and will be subject to disciplinary action.
2). Verification of Need for Unscheduled Leave -The employee may be required to furnish medical
verification or other proof that unscheduled use of PTO was unavoidable . Such proof may be
requested by the employee's supervisor, Department Director or the Human Resources Manger.
3). The unscheduled use of Personal Time-Off on seven (7) or more occasions within a calendar year
will be documented to the employee's personnel file by the employee's supervisor and may reflect
negatively on the employee's annual evaluation . All consecutive work day absences for the same
reason will be considered as one occasion for the purpose of this policy. The unscheduled use of
PTO on seven or more occasions or as otherwise found to be excessive by the supervisor and
Department Director may be subject to discipline.
4 ). In the case of any unscheduled use of PTO leave due to personal illness or injury, the employee
may be required to obtain , at his/her expense, medical confirmation that he/she was unable to
perform work during said leave. The City reserves the right to require that such confirmation be
obtained from the City's health care provider. If the employee is required to obtain confirmation
from the City's health care provider, said confirmation will be at the City's expense .
2. Emergency Donation of Accrued but unused PTO -Employees may donate accrued but unused PTO to be
used by other employees who have exhausted all of their available leave time, (see 5.8 . Shared Leave).
D. COMPENSATION
1 . Buy-Back Provisions
a . Regular employees may, in a calendar year , exchange up to a maximum of 120 hours of accrued but
unused Personal Time-Off at a 1.5 for 1 ratio .
b. Employees wishing to exercise this City buy-back option may not reduce their PTO leave balance
below a minimum level of 120 hours.
c. Employees may use the buy-back provision two {2} times in a calendar year and requests must be
submitted on a form provided by the Human Resources Division for such purpose.
e. Empleyees exersising the buy bask previsien may net be paid for mare than 80 hours (120/1 .6) af
unused PTO unless they have usee 80 hours af PTO within the salenear year in whiGh the buy bask
prevision is usee.
d. Employees exercising the buy-back provision must have already used 80 hours of PTO within the
calendar year in which the buy-back provision is used.
e. An employee may not be paid for more than 80 hours , (120/1.5) of unused PTO in a calendar year .
5-4
2. Payment for Personal Time-Off at Separation -Upon termination , retirement or death, payment will be
paid, at the employee's base rate of pay, for unused PTO time up to the maximum accrual amount the
employee is allowed , (see Section 5.6.B .4 . Maximum Accumulation).
a . The official separation date will be the last day of active employment and will not be extended with
unused PTO leave unless pre-authorized by the City Manager.
b. Upon the death of an employee, compensation of applicable unused accrued PTO leave will be paid to
the estate of the deceased employee.
3. The stipulations established for the Buy-Back Provision are subject to change as determined by the City
Manager.
E. OTHER PROVISIONS
1. PTO may be taken in quarter-hour increments and must be accurately reported on time sheets. PTO hours
will be charged against the employee's accrued PTO for only those hours the employee is regularly
scheduled to work . An employee may not take more PTO leave than they have accrued as of the date the
leave is used.
2. Designated holidays which occur during PTO leave will not be charged against PTO time.
3. PTO will not be counted as time worked for the purposes of computing overtime.
4 . Forfeiture of accrued PTO leave as a disciplinary action will not be authorized and no employee will lose
accrued PTO leave when promoted, demoted, or transferred .
5.7. EXTENDED SICK LEAVE (ESL)
A . PURPOSE
Extended Sick Leave (ESL) is established for: reg1:1lar fl:lll ti~e an(ij reg1:1lar part ti~e e~ployees, to
provi(ije for pai(ij leave that eMten(ijs eeyon(ij forty (4Q) 'HOrk hOI:IrS, (prerate(ij for Fe§l:llar part ti~O
employees ease(ij on stat1:1s) for the employee's ~ental or physical illnesses, psycholo gical disorder,
medical operation, pregnancy, off-the-job injuries, serious illness or care of family membe r with serious
illness or (ijisaeilities ; sit1:1ations that q1:1alify l:fn(ijer the F'a~ily an(ij Me(ijical Leave Aot (F'MLA) as note(ij in
Personnel Polioy e .Q.; an(ij, when the oare of an i~~e(ijiate fa~ily ~e~eor is neoessary, that
necessitates employee absence in excess of forty (40) working hours, (prora ted for regular part-time).
"l~mo(ijiato fa~ily ~e~eer" is (ijesoriee(ij in the Definition Seotion. The "work" ho1:1rs (ijo not nee(ij to eo
oonseo1:1tive, however, if non oonseo~:~tive, they ~1:1st eo relates to the sa~e event ana only work ho1:1rs
within a QO calenaar (;jay perio(ij fro~ the initial event ~ay apply. "Serious Illness" and "family member" is
described in the FMLA, (see section 5.9 .). ESL hours may also be used to satisfy the waiting period for,
and supplement, Short-Term Disability. The work hours required to reach Extended Sick Leave threshold need
not be consecutive as long as all of the hours of absence are the direct result of one injury or illness . Only the
amount of leave that is in excess of forty (40) hours may be charged against ESL , the first forty (40) hours will be
charged to PTO.
B. ELIGIBILITY CRITERIA
1. Extended Sick Leave hours will be credited to regular employees on a bi-weekly basis , each pay day in
a d 'hh~ll hdl ccor ance w1t t e o owmg sc e u e:
40-Hour/Week 35-Hour/Week 30-Hour/Week 25-Hour/Week 20-Hour/Week
Status Status Status Status Status
1.54 hours 1.35 hours 1.15 hours .96 hours .77 hours
2 . ESL w1ll cont1nue to accrue dunng penods of absence wh1le the employee rema1ns 1n an act1ve pay status .
However ESL accrual will be discontinued during periods of Short Term Disability (STD) and Long Term
Disability (L TO) unless the employee uses PTO hours to supplement his/her disability payment in order to
receive 100% of their normal base pay.
C. UTILIZATION
1 . ESL may ee ~:~seEI to satisfy tl:to waiting perioEI fer, anEI s~:~pplomont, Sl:tort term Disaeility (STD) or Long
Term Disaeil ity (LTD). However, 1:1nE1er no sirs~:~mstanses '#ill an employee reseive a oomeination of ESL
anEI STD or LTD pay tl:tat e*seeEls 100% of the employee's normal ease pay. ESL may not at anytime be
used to supplement Worker's Compensation benefits , if applicable .
5-5
Income combined with disability payments shall not exceed the employee's normal wages . Therefore , for STD
or LTD absences , if provider approval has not been received at the conclusion of the 30-day waiting period , the
Leave hours paid to the employee after this time will be at a reduced rate (40%) to prevent overpayment . If the
employee does rece ive an overpayment , he/she will be required to repay the City immediately and if necessary ,
the City w ill make adjustments to the Employee 's paycheck(s), to the extent the law allows , until full restitution
is made .
2 . In order to receive ESL , an employee must make appl ication . In cases of planned ESL , employees are
required to request said leave , in writing on a Request for Leave form and submit to his/her supervisor in
advance . It is requested that, if possible, ten (10) days notification be given ·prior to the scheduled leave .
In situations where ESL is used for unexpected reasons , the employee must notify his/her supervisor or
Department Director in accordance with the unscheduled leave notification policy , Section 5.6 .C.1.b.1 . In
the event ind ividuals are not able to request hours for themselves , the employee 's Department Director or
the City Manager may submit a request.
3 . If application for ESL has not been received , the hours an employee is absent will be charged to the
employee's Personal Time-Off bank . Once application for ESL is received through the Request for leave
form and verification that the absence has exceeded the forty (40) required work hours and that the
circumstances qualify as an ESL event , the hours used for the ESL event will be reimbursed to the
employee 's PTO account and subsequently be withdrawn from the employee's ESL account.
4 . For all absences charged to ESL that qualify under the Family and Medical leave Act , the Request for
leave form will serve as the application for Family and Medical leave and as such , all stipulations outlined
in Personnel Policy 5.9 . will apply.
5 . The City reserves the right to require a doctor's cert ification for any period of ESL when used for off-the-job
illness or injury ; disability; or, qualifying event under FMLA . Further , at any time during the absence of the
employee as a result of the employee 's illness , the Human Resources Manager may require the employee
to submit to an examination by a City hired licensed health care provider to verify the employee is unable to
perform the required duties .
6 . At anyt ime ESL is utilized as a result of the employee's personal off-the-job illness or injury, before the
employee may return to work, the employee will be required to provide a doctor's certification stating
he/she may return to duty. This certification will be utilized to show the employee is able to perform the
essential funct ions of the position or list any restrict ions or accommodations necessary to assist in the
City's final determination of the employee's ab ility to return to duty. Employees may be required to work in
a limited Duty capacity if a return to work with limitations is issued by a duly licensed health care provider.
7 . Where the balance in the ESL is not sufficient to cover the amount of time missed , employees will be able
to use PTO time and after depletion , apply for Shared leave until such time that they return to work or if
applicable , Short Term Disability would be available , whichever comes first.
8 . Employees may maintain a balance in the ESL account of up to 480 hours for regular full-time employees
and prorated for regular part-time employees based on status . Once an employee has reached this
balance, accruals will cease until the balance has been reduced.
40-Hour/Week 35-Hour/Week 30-Hour/Week 25-Hour/Week 20-Hour/Week
Status Status Status Status Status
480 hours 420 hours 360 hours 300 hours 240 hours
9. Activities Incompatible with Extended Sick Leave <ESU-Any employee who is absent after requesting ESL
may not engage in work or other activ ities that are in conflict with the reasons he/she provided in order to
use ESL. While on ESL , an employee must not engage in any activity wh ich would hamper his/her ab ility
to return to work .
D. OTHER PROVISIONS
1. All regularly scheduled work hours that are used for ESL purposes must be recorded on the employee 's
time sheet. Des ignated holidays that occur during the employee's ESL will be charged aga inst Holiday
t ime and not ESL. ESL will not be counted as time worked for the purposes of computing overt ime.
2. ESL may not be donated to another employee and at no time may an employee borrow from future
accrua ls of ESL.
5-6
3. Forfeiture of ESL as a disciplinary action will not be authorized and an employee will not lose ESL accruals
when promoted, demoted, or transferred.
4 . ESL may not be used once you have submitted your resignation from City Service and is not payable upon
termination of employment or at any other time.
5.8. SHARED LEAVE
Periodically throughout the year, Human Resources will request donated unused compensatory time Personal Time
Off leave hours to be placed in an account reserved for future use as needs arise. This reserved account will be
used to donate to regular employees who have exhausted all available paid leave; have a history of judicious use of
leave prior to the need for donation; and, are in a need to take leave for medical or family emergencies.
A. Recioient Provisions
1. The employee in need of donation must make the request to the Human Resources Manager through
completion of a "Request for Leave Donation" form and must provide appropriate medical justification and
documentation of the necessity for the leave, as well as, the length of time the employee expects to be
absent due to the condition.
2 . An employee may not receive more than eighty (80) hours of shared leave per occurrence. If the need
continues, the applicant may re-apply, but will be limited to accepting no more than a total of one hundred
sixty (160) hours of donated time. The Human Resources Manager will monitor the use of shared leave to
ensure equal treatment of all City employees and will determine when shared leave is no longer needed.
To the extent possible, shared leave is to be used in a consecutive and continuous basis.
3. While on shared leave, an employee continues to be classified as a City employee and is eligible for all
compensation (salary and benefits) they would be otherwise receiving if using paid leave.
4. PTO donations may not be applied to absences resulting from an on-the-job injury for which the employee
is receiving Workers' Compensation benefits nor may they be used to supplement STD or L TO Disability or
Workers' Compensation benefits.
B. Donation Provisions
1. Unused compensatory time and only Personal Time-Off leave hours that have already been accrued may
be donated and the contribution of PTO hours may not reduce the employee's PTO leave balance below a
minimum of eighty (80) hours. To donate, a "Request to Donate Leave" form must be submitted to the
Human Resources Office at any time throughout the year.
2 . Donated PTO will be issued on an hour for hour basis with no fixed cash value associated with it.
3. PTO contributions will start at a minimum of two (2) hours and continue in increments of at least whole hour
increments.
4. Donated leave will be paid at the recipient's hourly rate.
C. Other Provisions
1. In the event that the recipient employee does not need all of the leave hours donated, the unused donated
leave hours will remain in the reserved account.
2. An employee who submits his/her resignation from City service while receiving shared leave will not be
paid for any donated and unused shared leave from the point of his/her notification.
5.9. FAMILY AND MEDICAL LEAVE
A. Purpose -In accordance with the Federal Family and Medical Leave Act (FMLA). the City grants job protected,
unpaid family and medical leave to eligible employees.
1. Up to twelve (12) weeks per twelve (12) month period for any of the following reasons:
a. The birth of and care for a newborn child, or the placement of a child with an employee in the case of
adoption or foster care. Leave for these reasons will expire at the end of the 12month period beginning
on the date of such birth or placement.
b. In order to care for an immediate family member (spouse, child, or parent) if that family member has a
serious health condition.
5-7
c . An employee's own serious health condition that makes the employee unable to perform the essential
function(s) of his/her position .
2. Military Family Leave-An FMLA eligible employee may take a total of up to 12 workweeks of leave during
a 12-month period for a "qualifying exigency": as defined in applicable federal regulations .
3. "Servicemember Family Leave"-an eligible employee who is the spouse, son , daughter, parent or next of
kin of a "covered servicemember" as defined in applicable regulations is entitled to up to twenty-six (26)
workweeks of leave during a 12-month period to care for the covered servicemember.
4. The combined total leave for Servicemember Family Leave and all other FMLA leave for a single 12-month
period cannot exceed 26 workweeks .
B. Eligibility-An employee must have worked for the City for at least twelve (12) months for at least 1250 hours in
the prior twelve (12) months.
C. Intermittent or Reduced Leave -An employee may take FMLA leave on an interm ittent (a few days or few
hours at a time) or on a reduced leave schedule as a result of the birth of a child and for the placement of a
child for adoption or foster care if the City and the employee agree to such a schedule or when medically
necessary. Employees are required to schedule intermittent leave that is foreseeable.
D. Part-time employees who work variable hours will have the FMLA entitlement calculated on a prorated basis . A
weekly average of the employee's hours worked over the twelve-week period before the beginning of the family
and medical leave will be used for calculating the employee's normal workweek.
E. Definitions
Twelve-Month Period -A rolling twelve-month period measured backward from the date family and medical
leave is first taken . The period continues with each additional family and medical leave day taken.
Spouse -Either member of a legally-married pair. If both spouses work for the City, they are entitled to a
combined total of 12 weeks of leave if the leave is taken for the birth of a child, the placement of a child for
adoption or foster care, or to care for a sick parent. If each spouse uses a portion of the 12 weeks of leave for
the purposes specified above, each would be entitled to the difference between the amount they had taken and
12 weeks of FMLA leave for a different purpose. Example: If each spouse took 6 weeks of leave as a result of
the birth of a child , each could use an additional6 weeks due to his or her own serious health condition.
Child -A person younger than eighteen (18) years of age, or a person older than eighteen (18) years of age
and incapable of self-care due to a mental or physical disability. An employee's "child" is one for whom the
employee has actual day-to-day responsibility. A "child" includes a biological, adopted, foster, step-child, legal
ward , or a child of a person standing in loco parentis, (in place of a parent).
Serious Health Condition -Illness, injury, impairment, or a physical or mental condition involving inpatient
care (overnight stay in a hospital , hospice, or residential medical care facility) or continuing treatment by a
health provider that includes an in -person visit within seven days of the first day of incapacity. Continuing
treatment involves:
a period of incapacity of more than three (3) consecutive calendar days (not working days) and any
subsequent treatment insh,:~Eiin~ either two visits to a health sare provider or one visit followeEI by sontim:1in~
treatment 1:::1nder the health sara provider's s1::1pervision or period of incapacity relating to the same condition
that also involves:
Treatment two or more times, within 30 days of the first day of incapacity by a health care provider, or
treatment by a health care provider on at least one occasion, which results in continuing treatment under
the supervision of the health care provider.
A period of insapasity d1:::1e to pre~nansy or for prenatal sara; Absences due to pregnancy or chronic
conditions even if the employee or covered family member does not receive treatment from a health care
provider during the absence and even 1f the absence does not last more than three consecutive full
calendar days. Example : Asthma and pregnancy.
Treatment for chronic serious health conditions s1::1sh as asthma and diabetes which (4-)-requires periodic , at
least twice per year, visits for treatment by a health care provider for tre atment, or by a n1::1rse or physisian's
assistant 1:::1nder direst s1::1pervision of a health saro pro·.•ider; (2) continues over an extended period of time
(insl1::1din~ res1:::1rrin~ episodes of a sin~le 1::1nderlyin~ sondition) and f3) may cause episodic rather than a
continuing period of incapacity; aAG, Examples : Asthma , diabetes and epilepsy.
5-8
Treatments fer serie1:1s senEiitiens s~:~sh as sanser that may net ee insapasitating 81:1t withe~:~t treatments we~IEI
res~lt in a perieEI ef insapasity ef mere than three (3) senses~:~ti•1e Elays . Employees with a need for multiple
treatments , including time to recover , for restorative surgery after an accident or injury, a condition that likely
would result in a period of incapacity of more than three consecutive, full calendar days without medical
intervention or treatment (chemotherapy or radiation for cancer , physical therapy for severe arthritis or dialysis
for kidney disease).
"Medically Necessary" Leave -Involves a medical need for leave and that can best treat the need through an
intermittent or reduced leave schedule. The City may request certification from the health care provider of the
employee or family member of the medical necessity of the intermittent leave schedule and expected duration .
F. Notice Requirements-An employee must provide the City with at least thirty (30) days advance notice before
FMLA leave is to begin , if the leave is foreseeable. Said not ice will be given by completion of a Pre-
Authorization for Leave form. Failure to provide the notice will give the City the right to delay the taking of leave
until at least 30 days after the date the employee provides notice to the City of the need for FMLA leave. If 30
days notice cannot be provided , notice must be given as soon as practicable . Verbal notification should be
provided within 1 to 2 business days when the need for leave becomes known to the employee . Subject to
health care provider approval , when possible, the employee will consult with the City and make a reasonable
effort to schedule the leave so as not to "unduly disrupt the City's operations .
G . Certification Reauirement
1. If the employee's leave is to care for the employee's seriously ill family member (5.9.A.2 .), or due to the
employee's own serious health condition, the request must be supported by a certification issued by the
employee's or family member's health care provider. When the leave is foreseeable and a 30 days notice
has been provided , the medical certification should be provided before the leave begins. The City will allow
at least 15 calendar days for the employee to comply with the request for medical certification .
2 . Second Opinion-The City may require a 2nd medical opinion (at the City's expense). Pending receipt of
the 2nd opinion , the employee is provisionally granted leave . The City may also request periodic reports
on the employee 's status and intent to return to work, or a fitness-for-duty report from the employee's
attending physician advising when the employee can return to work .
3 . Third Opinion -If the opinions of the employee 's and City's designated health care providers differ, the City
may require a 3rd opinion (at City's expense). The 3rd health care provider will be designated or approved
jointly by the City and employee . The 3rd opinion is final and binding. The City will reimburse an employee
or family member for any reasonable travel expenses incurred to obtain the 2nd and 3rd opinions .
H. Confidentiality-All documentation related to the employee's or family member's medical condition is held in
strict confidence and maintained in the employee 's confidential medical file in the Human Resources Office.
I. Payment of Group Health Premiums-Any portion of group health plan premiums which the employee has paid
before starting an FMLA leave must continue to be paid by the employee during the leave. Any changes to
premium rates and levels of coverage or other conditions of the plan that apply to other active employees also
applies to eligible employees on FMLA leave. Payments for insurance will be deducted through the payroll
process if possible . If payroll deductions are not possible, the employee will be required to remit payment by
the time designated by the City. The City's obligation to maintain group health benefits ends after a premium
payment is more than 30 days late. If coverage should lapse while the employee is on FMLA leave, equivalent
coverage will be restored upon return to work and he/she will not be required to meet any qualification
requ irements imposed by the health care plan . If the employee is able , but does not return to work after the
expiration of leave , the employee will be required to reimburse the City for applicable payment of insurance
prem ium(s) incurred during the FMLA leave .
J . Rights Upon Return to Work
1. Early Return -Since an employee may only be required to take FMLA leave for reasons that qualify and
may not be required to take more leave than necessary, the employee may be promptly restored if the
employee requests reinstatement earlier than orig inally scheduled, but should where foreseeable , g ive the
Ci ty reasonable advance notice , generally at least two working days .
2. Upon the return to work , an employee who has been out on leave due to a serious health condition , must
provide a medical certification release stating the employee can resume work and perform the essential
functions of the position with or without reasonable accommodation(s).
5-9
K. Substitution of Paid Leave -An employee must apply all available accrued leave for the period of time in wh ich
the employee is entitled under FMLA . No leave without pay can be taken until all accrued leave is used .
L. Employment Protection -Except as otherwise provided by the FMLA, employees returning from FMLA leave
will be restored to the same position held before the leave , or an equivalent position . The City does not
guarantee any position to an employee who does not return to work after the twelve (12) work week Family
Leave period (which includes any PTO , ESL , holiday, or compensatory leave used by the employee while on
Family Leave).
M. Effect of Family Leave Upon Seniority and Continuity of Service -An employee is not entitled to seniority or
benefit accruals during periods of unpaid family and medical leave . However, an employee does not lose
seniority or benefits accrued prior to family and medical leave. In addition , the next date of performance
appraisal will be adjusted by the amount of time in accordance with Section 6.7 .
N. Failure to Return from Leave-An employee who fails to return from Family Leave will be term inated after three
(3) days of no report . An employee who is unable to return from leave at the time scheduled should contact
Human Resources at least two (2) weeks in advance to request an extension of leave . If an employee fails to
return from leave , the C ity may recover insurance prem iums for any period of time that an employee was on
Family Leave without pay in accordance with FMLA regulations .
~ 5.10 . MATERNITY LEAVE OF ABSENCE
Maternity leave is leave granted an employee for the period of disability related to pregnancy and childbirth. The
time taken as maternity leave is considered an off-the-job disability until the employee's physician releases her for
work . Maternity leave provisions are outlined in the Family and Medical Leave Policy. The City will continue its
contribution towards the employee's health care insurance as long as the employee remains in paid status . Should
the employee go on a leave of absence without pay, the employee would be responsible for both the City and
employee's portion of the health care premiums, except if the employee is on Family and Medical Leave in which
case the City will pay its portion of the insurance premium for a maximum of 12 weeks (3 months).
5.11 . WOR K PLACE A CCO M MODATI ONS FOR NURSING MO T HERS
The City of Wheat Ridge recognizes the importance of breastfeeding infants for both the child and mother
therefore . it is our policy to support the needs of breastfeeding mothers when they return to work .
A. Upon returning to work after the birth of a child, nursing mothers may request an area to pump breast milk in
the workplace during normal business hours. Since this activity requires a private location and short periods
away from their duties, supervisors should make reasonable efforts to support their employee's request and
reasonably accommodate to the extent it does not create an undue hardship for the City . Such
accommodations , including the use of break time , must be made available for up to 2 years after the birth of the
child .
1. Flexible Break Times -For non-exempt staff, if possible , the break time for expressing milk should , as much
as possible , run concurrently with the rest and meal periods already provided . The time allowed should not
exceed the normal time allowed for lunch and breaks . However, if additional time is needed , the employee
will be required to use PTO leave .
2. Appropriate Location -Supervisors must make reasonable efforts to ensure that an appropriate space
located near the nursing mother's work area , other than a toilet stall is available .
B. Please note this policy does not extend to permit1ing infants in the work place and arrangements should also be
made to provide for temporary storage of the expressed milk.
5.12 . L EAV E FO R A C ADEMIC ACTIVITIES
Colorado Law provides certain full and part-time employees who are parents or legal guardians of children enrolled
in publ ic or private school in grades K-12 , unpatd JOb-related time off to attend academic activities .
A . Eligibility -to be eligible for leave, an employee must be the parent or legal guardian of a child in grades K-12
and must work in a nonexecutive or nonsupervisory capacity. Eligible employees can use their leave time for
academic activittes such as : parent-teacher conferences , special education services , response to intervention ,
dropout prevention , attendance , truancy; or disciplinary issues .
B. Full-time employees may take up to a maximum of 18 hours in an academic year to attend such activities .
Part-time employee leave is prorated based on the percentage of a full-time schedule the employee works .
The Act restricts employees from taking more than six (6) hours of leave in any one-month period and allows
employers to require leave to be taken in no longer than 3-hour increments .
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C. Except in emergenci es, employees are required to provide at least one (1) calendar week advance notice of the
need for leave . Employers can require that this notice include writte n verificati on of the academic activity from
the sch ool or school district. In emergencies , empl oyees are required to provide notice and written ver ification
from the schoo l as soon as possible after learning of the need for leave . The Act requ ires employees to
reasonably attempt to schedule academ ic act ivit ies outside regular work hours .
D . Employers may limit the ability of an employee to take parental inv olvement leave in cases of em erge ncy or in
other situations where the employee taking leave may endang er a person 's health or safety or in a situation
where the absence of the employee would re sult in a halt of s ervice or pr odu ction .
~ 5 .13 . ON-THE-JOBINJURYLEAVE
An employee injured on the job must report the injury within twenty-four (24) hours and, in conjunction with the
supervisor, determine if immediate medical attention is required. If so determined, the employee will report to the
appropriate facility and a worker's compensation claim form is initiated immediately.
A. Granting of Injury Leave
1 . A regular employee who is injured or develops a work-related illness in the line of duty will be granted injury
leave with pay for a period of ninety (90) calendar days, if the illness or injury is determined to be
compensable under worker's compensation as defined by the worker's compensation law.
2 . While on injury leave, the employee is required to maintain contact with his/her supervisor and provide
medical information as requested. Failure to maintain contact, provide requested medical information or
submit to an examination by a City-selected physician, if requested, may result in disciplinary action up to
and including dismissal. Exceptions to this policy may be made when an employee is unable to
communicate due to the nature of the injury/illness.
3. In accordance with C.R.S. 8-52-104, the compensation paid to any employee by the City or its worker's
compensation insurance carrier during the period of total disability whose injury is caused by any one of the
following, will be reduced by fifty percent 50%:
• Willful failure to obey any reasonable rule adopted by the employer for the safety of the employee;
• Willful failure of the employee to use safety devices provided by the employer; or
• Intoxication of the employee.
a. If Worker's Compensation Insurance contests or denies liability for an employee's claim for benefits for
a work-related injury or illness, that employee may request PTO leave during the period of disability
due to injury or illness . However, the PTO leave request may require a physician 's documentation and
must be approved by the supervisor and Department Director.
b . Any payments received by the employee from Worker's Compensation Fund Insurance for loss of work
will be deducted from the employee's pay.
4 . A disab ility covered by Worker's Compensation may impact the ability to receive benefits from another
disability provider .
5. For the duration of the Injury Leave , the City will maintain the employee 's insurance benefits. The
employee is required to continue to pay the employee portion of insurance premiums (when applicable)
while on Injury Leave, as long as the employee remains in paid status and provided such continuation is
not prohibited by the group insurance contract. Should the employee revert to an unpaid leave status, the
employee will be required to pay the full costs to include the City's portion and the employee's portion, for
continuation of insurance coverage. This includes all insurance premiums with the exception of disability.
B . Limitations of Disabled Emplovees
1. If the injured employee is unable to return to work at the end of the ninety (90) calendar day period , and an
extension is granted , said employee will be required to utilize PTO leave . While in a paid status, the
employee will continue to accrue PTO and ESL hours. However, at the end of the ninety (90) calendar day
period or when all accrued leave is exhausted , whichever comes first, and the employee is unable to return
to work, said benefits will not continue to accrue.
2. If it is determined that an employee is capable of performing limited duties prior to the release to normal
duties , he/she may be assigned duties within the conditions set forth in the ir physician 's certificate, if such
duties are available. The employee must comply with the procedures as st ipulated in Section 10.9 .
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3. Any employee who believes that a health condition has rendered him or her unable to perform the essential
functions of his or her job will promptly report that condition to his or her supervisor, and request all specific
forms of accommodation that the employee believes will permit him or her to perform those essential
functions .
C. Return to Work
1. Employees able to return to work within the ninety (90) calendar day period of a disability will be restored to
their former position or to a comparable position at the same rate of pay and benefits . The employee's
seniority date with the City and any benefits that are based upon length of service will be adjusted to offset
the period of time that Injury Leave was taken without pay . In addition, the next date of performance
appraisal will be adjusted by the amount of time in accordance with Section 6. 7.
2. The employee will notify the Department Director of an estimated return to work date. In addition, the
employee must provide a written release from the attending medical provider as approved by the Worker's
Compensation Insurance Company . The Department Director is responsible for notifying Human
Resources of the employee's date of return.
D. Termination of Disabled Employees
1. Injury Leave will be terminated when, providing accommodation(s) cannot be made without undue
hardship , one of the following first occurs :
a. When the employee is declared incapable of performing his/her regular duties by a physician ; or
b. When a report is issued by a physician finding a permanent disability that disqualifies the employee for
his/her position; or
c. When , after ninety (90) calendar days from the date of injury has lapsed, the Department Director
determines a continued vacancy would adversely impact the department's operation.
2. At such time the employment relationship is severed, the employee will receive full payment for all
remaining accrued leave as applicable ; may, if approved, utilize the City's disability insurance; and, will be
given the opportunity to continue to participate in the group insurance program(s) through COBRA. The
employee may, if approved and accepted , utilize the City's disability insurance and/or Worker's
Compensation provisions .
3. The employee will be placed on the Re-Employment Eligibility List for a period of 12 months . When the
employee is available to work , he/she will be considered for the first vacancy to a position for which he/she
possesses the qualifications. It will be the responsibility of the employee to contact Human Resources for
consideration of employment.
~ 5 .14 . DISABILITY LEAVE
A. Granting of Disability Leave
B.
1. Employees eligible for Disability benefits who , are unable to perform the functions of their job due to a
qualifying non-work related injury or illness , may be granted Disability Leave, for a period typically not to
exceed ninety (90) calendar days , provided the necessity for leave time is verified by a physician, in writing ,
a reasonable accommodation cannot be made, and the Department Director determines that an extension
of other leave cannot be provided.
2. An employee on Disability Leave will be required to utilize all accumulated leave. Should the injury/illness
be such that the employee is unable to return to work after exhausting all accrued leave , said benefits will
not continue to accrue and the employee will be placed in an unpaid leave status. All leave time utilized
through this policy will be applied to Family Medical Leave as outlined in Section 5.9.
3. For the duration of the Disability Leave, the City will maintain the employee's insurance benefits . The
employee is required to continue to pay the employee portion of insurance premiums (when applicable)
while on Disability Leave , as long as the employee remains in paid status and provided such continuation is
not prohibited by the group insurance contract. Should the employee revert to an unpaid leave status, the
employee will be required to pay the full costs to include the City's portion and the employee 's portion, for
continuation of insurance coverage . This includes all insurance premiums with the exception of disability.
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C . Return to Work
1. Employees able to return to work within ninety (90} calendar days of a disability will be restored to their
former position or to a comparable position at the same rate of pay and benefits. The employee's seniority
date with the City and any benefits that are based upon length of service will be adjusted to offset the
period of time that Injury Leave was taken without pay. In addition, the next date of performance appraisal
will be adjusted by the amount of time in accordance with Section 6. 7.
2. The employee will notify the Department Director of an estimated return to work date and provide a written
release from the attending medical provider. The Department Director is responsible for notifying Human
Resources of the employee's date of return.
D. Limitations of Disabled Employees
1. Employees who are unable to return to work after ninety (90} calendar days of a disability will not be
guaranteed reinstatement to their former or comparable position at the same rate of pay.
2. If it is determined that an employee is capable of performing limited duties prior to their release to normal
duties, the employee may be assigned duties within the conditions set forth in the physician's certificate,
subject to the availability of the established duties. A reassignment of duties will be reviewed and
compensation will be established based on a labor market study of said duties, the employee's experience,
qualifications and longevity.
3. Any employee who believes that a health condition has rendered him/her unable to perform the essential
functions of his or her job will promptly report that condition to their supervisor, and request all specific
forms of accommodation the employee believes will permit him or her to perform those essential functions.
E. Termination of Disabled Employees
1. Disability Leave will be terminated when, providing reasonable accommodations cannot be made without
undue hardship, one of the following first occurs:
a. When the employee is declared capable of performing their regular duties by a physician; or
b . When a report is issued by a physician finding a permanent disability that disqualifies the employee for
his or her position; or
c . When, after ninety (90} calendar days from the date of injury has lapsed, the Department Director
determines a continued vacancy would adversely impact the department's operation.
2. At such time the employment relationship is severed, the employee will receive full payment for all
remaining applicable accrued leave ; may, if approved, utilize the City's disability insurance; and , will be
given the opportunity to continue to participate in the group insurance program(s} through COBRA.
3. The employee will be placed on the Re-Employment Eligibility List for a period of 12 months . When the
employee is available to work, he/she will be considered for the first vacancy to a position for which he/she
possess the qualifications. It will be the responsibility of the employee to contact Human Resources for
consideration of employment.
&.:4G . 5 .15 . DOMESTIC VIOLENCE LEAVE
A. An employee must have been with the organization for at least twelve (12} months preceding the
commencement of the leave. Upon reasonable advance notice , (except in cases of imminent danger to the
health or safety of an employee}, an employee may take up to three (3) working days leave from work in any
12-month period . This leave applies to employees who are victims of the following statutorily-defined events:
• domestic violence or abuse
• stalking
• sexual assault, or
• a crime found by a court on the record to include an act of domestic violence .
B. The employee must use the leave from work to protect himself/herself by:
• seeking domestic violence shelter services, program , or rape crisis center because of domestic violence;
• seeking a civil restraining order to prevent domestic abuse;
• obtaining medical care or mental health counseling for himself or herself or for his/her children to address
physical or psychological injuries resulting from the act of domestic abuse, stalking, sexual assault or other
crime involving domestic violence;
• making his/her home secure from the perpetrator or seeking new housing to escape the perpetrator;
• seeking legal assistance, attending/preparing for court-related events arising from domestic violence acts .
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C . Employees need to contact Human Resources to request a Domestic Violence Leave. The following
documentation will serve as certification for consideration of Domestic Violence Leave:
1. A police report indicating that the employee was a victim of domestic violence;
2. A court order protecting or separating the employee from the perpetrator of an act of domestic violence, or
other evidence from the court or prosecuting attorney that the employee appeared in court; or
3. Documentation from a medical professional, domestic violence advocate, health care provider, or
counselor that the employee was undergoing treatment for physical or mental injuries or abuse resu lting in
victimization from an act of domestic violence.
D . Leave under this policy will not exceed three (3) days in a 12-month period . The 12-month period will be
measured forward from the date the first Domestic Violence Leave begins .
E. An employee may take available Personal Time-Off leave or compensatory time for th is leave. If the employee
has no paid leave available , he/she may take domestic abuse leave unpaid.
F. The City will make reasonable efforts to maintain the confidentiality of all information related to an employee's
leave pursuant to this policy.
&:-44,. 5.16. MILITARY LEAVE
A. Granting of Military Training Leave
1. Upon presenting proper military orders for military training, an employee who is a member of the National
Guard, Army, Navy, Marine Corps, Air Force or Coast Guard Reserve will be granted a leave with pay up to
a maximum of frfteen (15) calendar days in any calendar year, plus four (4) days for travel time .
2 . Military training leave will commence the first working day the employee is on m ilitary training leave from
his/her City job and terminate on the last calendar day of the military training status, as evidenced by a
copy of the military orders covering the leave period.
B. Computation of Pay -State law requires the payment of full C ity salary during authorized military tra ining leave
or active military service for a period not to exceed fifteen (15) calendar days in any calendar year. Employees
granted military leave for requ ired training or active service will be entitled to receive both their military pay and
City pay up to fifteen (15) calendar days per calendar year, in accordance with state statutes.
C . Military Leave Without Pay During War Or Other Emergencies -Any employee who enlists, is inducted or is
appointed into the military service of the United States in the time of war or other emergency declared by the
President of the United States and/or Congress will be granted military leave without pay for the duration of
such war or other emergency or until expiration of such war or other emergency or until expiration of enlistment,
induction or appointment period, and for 1 year and ninety (90) days thereafter.
1. Employees granted wartime military leave will be entitled to all rights and benefits granted such employees
under any applicable federal laws and statutes or rules of the State of Colorado.
2 . The employee may use accrued annual leave or accrued holiday leave while on military duty.
D . Peacetime Military Leave
1. Any employee who enlists, is inducted or is appointed into military service of the United States for initial
period of oblig ated service, will be granted peacetime military leave without pay for the period of initial
contractual or obligated service or until discharged, whichever occurs first, and for 1 year and ninety (90)
days thereafter.
2 . An employee who fails to return at the end of the three (3) months or who voluntarily extends his military
service beyond that obligated or originally contracted , will be deemed to have voluntarily resigned , effective
as of his last d ay of active duty with the C ity.
E. Health Insurance -For military leave without pa y of longer tha n ninety (90) ca lendar days, the e mployee , if
continuation of coverage is desired , will be responsible for expenses necessary to pay the premiums.
Continuation of coverage at the City's group rate may not exceed eighteen (18) months from the date military
leave begins .
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F. Pension Rights Retained-Any employee receiving a leave of absence in accordance with this section and
participating in a City pension plan will retain all rights accrued up to the time of taking such leave and will have
all rights subsequently accruing under such plan as if he/she had been actually employed during the time of
such leave. Any increase in the amount of money benefits accruing with respect to the time of such leave is
dependent upon the payment of any contributions or assessments, and the right to such increase is dependent
upon the payment of such contribution or assessments within the period of time equal to three times the actual
military leave not to exceed 5 years after the termination of such leave and upon such terms as the authorities
in charge of the system may prescribe. (C.R.S 28-3-606)
G. Reinstatement
1. Employees will be reinstated in the position they would have obtained had he not gone on military leave, if
military service did not exceed 90 days; or if military service exceeds 90 days, the employee will be
reinstated as per above or to a position of like seniority, status, and pay at the same rate of pay which
would have been received without such leave. The following conditions apply:
a. The position has not been abolished; (C.R.S. 28-3-604)
b. The employee is not physically or mentally disabled from performing the duties of such position. The
City will make "reasonable efforts", as long as these efforts do not pose any undue hardships, to
accommodate any service-connected disability.
c . The employee submits an honorable discharge or other form of release by proper authority indicating
that his/her military service was satisfactory.(C.R.S. 28-3-604)
d. The employee requests reinstatement to the appointing authority within ninety days after discharge
from hospitalization or medical treatment which immediately follows the termination of and results from
such service, but such application will be made within one year and ninety (90) days after termination
of such service, notwithstanding such hospitalization or medical treatment;
e. For military service of 30 days or less, an employee must report to his/her supervisor on the first
scheduled workday following the military service. For service from 31 to 180 days, application for
reinstatement must be made within 14 days after completion of the service. For military training or
service of 181 days or more, application for reemployment must be submitted within 90 days after
completion of the period of service.
2. Upon such reinstatement, the employee will have the same rights with respect to accrued and future
seniority status, efficiency rating, PTO, ESL, and other benefits as if he/she had been actually employed
during the time of such leave. No employee so reinstated will be removed or discharged within one year
thereafter, except for cause and after notice and hearing; but this will not operate to extend a term of
service or office limited by law. (C.R.S. 28-3-604)
3. Regardless of length of service, all applicable accrued leave and compensatory will be paid an employee
who has been granted wartime and military leave before placed on leave without pay.
~ 5.17. EDUCATIONAL LEAVE
When recommended by the Department Director and approved by the City Manager, a regular employee may be
granted educational leave without pay for a period not to exceed ninety (90) days. The City Manager will determine
whether the education is sufficiently related to the employee's work, thereby enabling the employee to perform
his/her duties more efficiently and effectively, to merit an unpaid educational leave.
~ 5 .18. EXEMPT STATUS LEAVE
A. PURPOSE
1. FLSA-Exempt employees are not paid overtime or given compensatory time off, however, they may be
authorized time off with pay if unusual demands require excessive hours of work beyond the normal forty
(40) hour workweek:
a. Recurring meetings outside of normal working hours
b. Special projects with deadlines that require substantial time beyond normal working hours to complete
c. Seasonal activities requiring extensive time to meet established deadlines beyond normal work hours
d. Frequent appearances before civic/community groups outside of normal working hours.
2. FLSA Exempt employees who do not work beyond the normal forty-hour workweek are not eligible to take
Exempt Status Leave off.
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B. UTILIZATION
1. Exempt Status Leave is not intended to compensate employees on an hour-for-hour basis (8 hours extra
worked does not equal 8 hours time-off).
2. FLSA exempt employees are not to track nor report actual hours worked .
3. Exempt Status Leave may be taken in increments of no less than the number of hours the employee is
normally scheduled to work in one day.
4 . Exempt Status Leave requires prior approval of the Department Director, Division Manager or City
Manager, as appropriate, through the completion of the Request for Leave Form.
C. COMPENSATION
1. Exempt Status Leave is limited to a maximum of forty (40) hours per calendar year.
2. This regulation expressly precludes any claim for compensation associated with Exempt Status Leave not
taken , as Exempt Status Leave:
• does not accrue;
• cannot be converted to cash;
• cannot be carried over from year to year ; and,
• will not be compensated upon employment termination.
&.47:-5 .19 . ADMINISTRATIVE LEAVE
A. PURPOSE
Administrative leave is a general term for temporary removal from a job assignment, initiated to manage special
circumstances where it is in the City's best interest to retain the employee relationship for a period of time to be
determined by the City; or , provide options not otherwise available.
B. UTILIZATION
A regular employee may be placed on Administrative Leave at the request of the supervisor and Department
Director or Human Resources Manager and with approval from the City Manager for the following purposes:
1. When retention of an employee at the work site may be detrimental to the interests of the City or injurious
to the employee , his/her fellow workers, or the general public ;
2. Emergency conditions where no other leave option exists;
3. Resolve situations that cannot be addressed under existing workforce policies;
4. When it is deemed necessary to remove an employee from the work place while an investigation or review
ensues . For the purpose of conducting an investigation for alleged misconduct, the following will apply:
a. Administrative Leave will be granted with pay and benefits up to thirty (30) days with extensions
available if granted by the City Manager.
b. Should the investigation require the employee's absence beyond the thirty (30) days and an extension
has not been granted , the employee may utilize accrued Personal Time-Off leave, holiday, and/or
compensatory leave, if available .
c. Placing an employee on administrative leave for investigative purposes is not a disciplinary action and
cannot itself be used as proof of wrong doing. An employee who is cleared of wrongdoing should not
feel any lasting consequences related to his/her job.
d. On the other hand, if the City reprimands or otherwise disciplines an employee based on the underlying
allegations that led to the administrative leave, it might reflect on the employee's performance
evaluation or future employment. If the employee is found to have engaged in wrongdoing that results
in his or her discharge from City employment, the City reserves the right to retrieve all or part of the
moneys paid to the employee during the period of the initial thirty (30) days paid Administrative Leave
and any extensions that may have been granted by the City Manager .
C. While on Administrative Leave , the employee must follow any directive's given regarding duties or assignments
and will be expected to be available during regular work hours .
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~ 5 .20 . SUSPENSION OF LEAVES
The City Manager or Department Director reserves the right to postpone all leaves that are not medically required
for employees or recall employees from leave in the event City operations require such action .
~ 5 .21. COURT APPEARANCE
A . Jury Duty
1. A regular employee required to report for jury duty during the employee's workday receives full pay from
the City for the time served on the jury, provided the employee remits to the City , all fees for jury duty as
soon as the duty fees are received . Compensation for mileage when the employee uses their own vehicle
and the subsistence allowance is not to be considered as fees and are retained by the employee. When
the employee is traveling in a City-owned vehicle , the employee remits all mileage fees to the City.
2 . The employee must give their immediate supervisor a copy of the summons to serve on a jury.
3. An employee released from jury duty or serving as a witness is required to return to work.
B . Subpoena or Witness -Work Related
1. An employee who is subpoenaed to appear in court as a witness in a matter arising from his/her job-related
duties with the City:
a. Receives regular pay when the employee is appearing during his/her workday.
b. During his/her off-duty time , the employee will receive overtime pay or compensatory time for
the actual time his/her appearance is required or for a minimum of two (2) hours, whichever is
greater. when appear:anse is el~::~ring his/hero« el~::~ty time .
2 . Compensation received by the employee for witness or subpoena fees , and for mileage when traveling in a
City-owned vehicle is remitted to the City. Compensation for mileage, when traveling in a private vehicle, is
retained by the employee .
C. Subpoena or Witness -Non-Work Related
If an employee is subpoenaed to appear in court as a witness in a matter not arising from their job-related
duties with the City, they will use accumulated leave and provide a copy of the subpoena to their immediate
supervisor. The employee will retain compensation for witness or subpoena fees , mileage, and subsistence.
~ 5 .22. TIME OFF FOR VOTING
The Department Director may grant up to two (2) hours off with pay, if required, for the purpose of allowing
employees (who are duly qualified and registered) to vote in federal , state, local or special district elections .
Request for such leave will be made prior to the Election Day. Such absence will not be charged to Personal Time-
Off leave, holiday, or compensatory leave .
~ 5 .23 . UNAUTHORIZED LEAVE
Unauthorized leave of absence consists of those workdays , or portions of a workday, when an employee was
scheduled to work but did not actually work or receive authorization for the absence. The employee 's pay is
deducted by an amount equivalent to the time the employee was absent during the workday. An unauthorized
leave of absence may be cause for disciplinary action , up to and including termination of employment.
~ 5 .24 . LEAVE WITHOUT PAY
A. A leave of absence is not a right , but a privilege. Leaves of absence may be granted without pay in cases of
emergency and/or when a leave of absence would not be contrary to the best interests of the City. A leave of
absence may be granted only upon written request by an employee who presents the reason for the leave.
Written approval will be made according to the following :
1. A request for a leave of absence without pay for one (1) week or less may be granted by the Department
Director, depending on the merit of the individual case.
2 . A request for a leave of absence without pay in excess of one (1) week may be granted by a Department
Director w ith the approval of the City Manager, depending on the merit of the individual case.
B. Leave without Pay will not be granted until all leave allowed pursuant to these Policies have been exhausted.
C. An employee may be granted leave without pay for justifiable personal reasons not to exceed ninety (90}
calendar days when recommended by the Department Director and approved by the C ity Manager.
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D . If such leave is for family and/or medical reasons , the employee will be required to apply for and use all
approved FMLA leave as described in Section 5 .9 .
E. During a leave of absence of more than thirty (30) calendar days, benefits (i.e ., Personal Time-Off leave and
ESL) will not accrue , nor will service time for step increases be cred ited .
F . For a Leave Without Pay of more than 30 days, the employee may continue to participate in the group
insurance program(s), provided the employee reimburses or prepays the City the sum necessary to pay the
total monthly costs of any premiums due for the group insurance benefits the employee wishes to continue, and
provided such continuation is not prohibited by the group insurance contract. For partial unpaid leaves, the
employee will be required to pay the insurance costs on a pro-rated basis.
G. During an employee's leave of absence, his/her position may be filled with a temporary employee or an acting
appointment. Upon the expiration of the leave of absence, the employee will be reinstated to his/her position,
providing he/she is physically and mentally able to perform all of the duties required in the pos ition with or
without a reasonable accommodation for any ADA defined disabil ity and provided the position still exists.
~ 5.25. CLOSURE OF CITY FACILITIES
A. The City Manager, at tiR=tes, will slase anises On occasion , the City Manager, or Department Directors with City
Manager approval may close a City a facility or facilities due to inclement weather or ather reasons
emergencies of any nature; however, certain employees may be expected to report to work. During these
times , it is the employee's responsibility to call his/her supervisor and inquire if they are expected to report to
work.
B . It shall be the responsibility of each Department Director to determine, before or during severe weather or other
emergency situations , what positions are to be considered as essential or non-essential under the
circumstances . An emergency response situation may warrant the need for the City Manager, or Department
directors , to utilize an employee for work other than his/her normal assignments .
C . Employees wha 'l<'ark in pasitians that are essential for snaw ar ather eR=tergensies (eR=tergensy preparel:lness ,
street sre'A'S , saR=te anise sta#, R=taintenanse s1:1pervisers , palise, far exaR=tple) will performing essential
operations, as determined by the Department Director, may be required to repart ta work if reasonable e#ert
will enable theR=t ta travel safely ta the wark site. On a day when a facility or facilities are officially closed . In
these circumstances, employees who are deemed essential staff will report to work and receive regular pay.
There will be no extra pay or time off granted at a later time. If an employee works in an essential position and
is unable to travel to work, the employee must contact his/her immediate supervisor as soon as possible . The
employee's non-attendance may be charged as leave without pay or require use of PTO leave . Th is is at the
discretion of the Department Director .
8-:-D.Employees who work in pos it ions which are non-essential , and were who are scheduled to work but not
required to report to work, will be-paid for the hours tho City is slasel:l as l:loslarol:l by the City Manager. they
would have worked under normal circumstances . Employees who were not scheduled to work, such as those
employees who work a four-day, 10-hour schedule and would not have worked on the day of the closing , will
not receive any extra pay or additional time off.
D . Any essential servisos oR=tplayoo wha sannat R=tako it ta wark 'Nill santast histher iR=tR=tel:liate s~:~pervisar . The
eR=tplayee ani:! the s~:~porvisar will jointly dosil:le whether nan attenl:lanse is j~:~stifiee and , if it is, the eR=tplayeo will
be paie for the ha1:1rs tho City is slased as deslared by the City Manager. If the s~:~porvisar deeR=ts tho
oR=tplayeo 's nan attonl:lanse ta be l:lnjl:lstifiable, tho eR=tplayee 's absonso will be shargoe ta assruoe leave. If
leave tiR=te is nat available , the eR=tplayee 's nan atteneanso R=tay be shargee as leave witha1:1t pay.
(Incorporated into "C " above)
E. Temporary or non-benefitted employees will receive compensation for the hours they are scheduled to work if
they are not required to report to work as a result of an official closure . If temporary or on -benefitted employees
are deemed essential staff, they are required to report to work that day as essential employees and will be paid
at their regular rate of pay .
~F ~ Employees who are on pre-arranged/approved leave during the unexpestee slasing af City b1:1sinoss the
"slasee " ha1:1rs are nat ta be shargee against their appravee leave tiR=te . PTO, or who are out due to illness or
injury when a closure occurs, will use their PTO or ESL leave as if the closing had not occurred .
5-18
F. Nen eil<empt essential service eFRpleyees wl=le are aele te repert te •~terk will ee pais , at tl=leir reg1::1lar rate ef pay,
far tRe nl::fmeer at R9l::frS tl=le City is Gleses, as seolares ey tl=le City Manager. Sais payment FRay ee FRase in tl=le
farm at oasl=l er tiFRe eff as appreveEl ey tl=le Cepartment Oireoter. In aEIElitien , tl=le eFRpleyees will ee paiEl at
tl=leir re§l::flar rate at pay, far tl=le l=!el::frs tl=ley aot1::1ally werkeEl. If tl=le Rel::frs aot1::1ally werkeEl are evertime Rel::frs far
tl=le week, (eil<oess ef ferty (4Q) Rel::frs), tl=len oeFRpensatien will ee at overtime rates,
G. If City facilities are not closed but an employee has a reasonable belief that it is unsafe to travel to work , the
employee , subject to supervisor approval , may take PTO leave.
5-19
SECTION 6 : COMPENSATION
Revised : 6.4 ., 6 .6., 6.7.C., 6 .7 .F., 6.9.A., 6 .10.A.2.
6 .1 . PAY PRACTICE
City of Wheat Ridge Personnel Policies
Approved: 03/26/12
Effective: 03/26/12
It is the City's aspiration to provide compensation for employees that is competitive within an established labor
market, is within the City's ability to pay, and is comparable among positions in the City's Pay and Classification
Plan. Salary ranges for employee classification levels may be published in the City's annual budget.
6 .2. PAY ADJUSTMENTS
A. The City Council shall periodically authorize City Administration to undertake a survey of the pay scales of
similar cities within the Denver metropolitan area for the purpose of determining what wages are generally
prevailing in these surveyed cities for similar work performed (without regard to title, but only with regard to
duties and responsibilities attendant to the position surveyed).
B . Salaries shall be annually established by the City Council , in the exercise of its legislative discretion.
6 .3. EMPLOYMENT RATE FOR NEW, REHIRED OR REAPPOINTED EMPLOYEES
A. New Employees -Normally, new employees will be compensated at the entry level of the pay range assigned
to the class to which they are appointed. However, providing funds are available, new employees may be hired
above the entry level of the range due to unusual qualifications or other unusual conditions. The Human
Resources Manager, at the recommendation of the Department Director, shall determine whether a new
employee's salary shall exceed the entry level of the range.
B . Rehired Employees -An employee who is rehired shall be compensated at the entry level unless otherwise
recommended and justified under this Policy. The appointment date and performance appraisal date for a
former employee who is rehired shall be defined as the date of rehire with the City.
C. Re-appointed Employees -An employee so re-appointed is considered a new appointee. The employee has
no vested interest in or is entitled to any benefits accrued during any previous employment with the City, except
retirement system benefits . The re-appointed employee will be subject to the requirements of the proper
retirement system of which the employee was previously an active member.
D. Rescinded Dismissal -The appointment date of an employee who was dismissed for disciplinary reasons and
whose dismissal has been rescinded, shall be the date in effect at the time of separation from employment.
However, accumulation of PTO leave and ESL shall commence with the date of reinstatement , unless
otherwise provided by court order or settlement agreement.
E. Other -When an occupied, unclassified position is brought into the classified service, the salary of the
incumbent shall be established at the closest rate of pay at or above their present salary, except that if the
incumbent's salary exceeds the maximum rate for the class the maximum rate shall be assigned.
6 .4. PAY UPON ADDITIONAL RESPONSIBILITIES
A. When an employee is deemed, by the Department Director and Human Resources Manager, to be qualified for
and is assigned the full authority, duties, and responsibilities of a position allocated to a higher classification
that is vacant within the City on an interim basis, that employee will receive a pay rate within the higher salary
range at a salary commensurate with his/her qualifications as mutually determined by the Department Director
and Human Resources Manager. Such payments shall be made only during the time that the employee is
actually performing the higher level duties and will commence on the day as appointed by the City Manager.
The provisions of this paragraph will not apply when performing the duties of the position allocated to a higher
classification for the purpose of training.
B . In those cases where the employee's base salary and specialized assignment pay falls between two steps in
the appropriate classification , the higher step would be granted during the period of time the employee works in
the temporary assignment.
6 -1
C. With the approval of the City Manager, additional compensation for individuals temporarily performing
additional tasks and/or special assignments may be in the form of lump sum payments with no increase in
benefits .
D. When an employee returns to his or her regular position, he or she shall be paid at a level appropriate for the
regular position .
6.5. SIMULTANEOUS PERSONNEL ACTIONS
When two or more actions affecting pay occur on the same effective date, the new pay range and rate shall be
computed in the following sequence as applicable:
A. If more than one personnel action occurs on the date an employee' performance increase is effective, the
performance increase, if warranted, shall first be applied before other pay adjustments are made.
B. If the employee is promoted or demoted, the appropriate pay adjustment shall apply along with any pay range
adjustments effective the same date .
6.6. CHANGE IN STATUS
A. Promotion -When an employee receives a promotion and is appointed to fill a higher position, the employee
will receive a salary commensurate with the employee's qualifications as mutually determined by the
Department Director and Human Resources Manager. The employee's promotional pay rate shall be within the
pay range for the position to which he/she has been promoted to and under no circumstances will the pay
amount exceed the new salary range maximum. The performance appraisal period will be the date in which
the promotion becomes effective as determined by the Department Director and approved by the Human
Resources Manager and the employee will be placed in the applicable trial service period. Time worked in an
interim status immediately prior to the promotion may be credited toward the evaluation date.
B. Reclassification
MaFket Study A reclassification establishea aue to a market stuay of the City's Classification Plan which
aetermines a position to be improperly compensatea shall result in the following:
The effective aate shall be determined ey City Co~:~ncil; the performance appraisal date of the employee
affected ey such reclassification shall not change; and, the pay rate received shall reflect the length of time
the employee has been in said position if the reclassification results in a higher pay le•Jel. If the
reclassification is a amvn'Hard movement, Section e.e.(C).2. applies.
0FgaRiHti9Ral ChaRge A reclassification received aue to a change of struct~:~re in the organization eut not as
a res~:~lt of an addition to staff shall result in the following:
The effecti•Je date shall be when such change goes into effect as approveEl ey the City Manager. The
performance appraisal Elate will be affectea in accorElance with the provisions in this policy. If the
reclassification results in a higher pay level, the pay rate receiveEl shall reflect the length of time the
employee has been in said position or a rate closest to the amount the employee is currently earning,
whichever is greater. If the reclassification is a downwara mo\lement, Section e.e .(C).2. applies; if the
res~:~lt is neither a higher nor lower pay le•Jel assignment, Section e.e .(D) applies .
ChaRge iR Jeb Duties aRd RespeRsibilities When the El~:~ties ana responsibilities of a job appear to ha•Je
significantly changed, the follottling may result:
The effective Elate ana performance appraisal Elate for this type of reclassification shall be determinea by
the Department Director ana approvea by the City Manager. However, in no case will the reclassification
date ee establishea prior to the last date the employee was scheElulea to receive a performance appraisal.
If the reclassification results in a higher pay level, the pay rate receivea shall reflect the length of time the
employee has eeen in saiEl position or at a rate closest to the amount the employee is currently earning,
whichever is greater. If the reclassification is a aewnwara mo\lement, Section e .e .(C).2 applies; if the result
is neither a higher nor lower pay le\lel assignment, Section e.e.(D) apf)lies.
If a reclassification of a position is warranted , the affected employee(s) will be placed within the new pay
range at their current rate(s) of pay , closest pay step(s) if applicable, or the minimum of the new pay range,
whichever is greater. If the current rate of pay is higher than the maximum of the new pay range , the
employee's pay rate will remain frozen until such time that the pay range is adjusted to a point that the
employee's pay rate falls within the range. The employee's performance evaluation date will be
determined by the Department Director and Human Resources Manager.
C . Demotion -An employee may be demoted to a position of lower grade for which he/she is qualified . The
decision to demote and to determine whether an employee is qualified for a lower-grade position resides in the
discretion of the City Manager and the relevant Department Director.
6 -2
1. Disciplinary reasons - A pay rate within the position's pay range will be determined by the City Manager.
2. Voluntary and/or Non-disciplinary reasons-Tl=te empleyee's pay sl=tall ~e plasea 'Nitl=tiA tl=te Aew pay FaA€Je
te tl=te peiAt slesest te l=tis/l=teF GI:JFFeAt salary. lA tl=te eveRt tl=te s~:JrreAt salary is l=tiol=teF tl=taA tl=te Aew FaA€Je
mcn<im~:Jm, tt:le salary will ~e frei!eA I:JAtil s~:Jsl=t time as tl=te Aew FaRge exseeas tt:le frei!eA salary, exsi~:J9iA€J
sest ef IiviA€) iAGFeases, at wl=tisl=t time tl=le r=ate will seAferm te tl=te tep step ef tl=te Aew FaRge.
The rate of pay assigned to the employee shall be commensurate with his/her qualifications, as mutually
determined by the Department Director and Human Resources Manager. Under no circumstances
however, will the employee's pay rate exceed the new salary range maximum .
3. The performance appraisal period will be the date in which the demotion becomes effective as determined
by the Department Director and approved by the Human Resources Manager.
D . Lateral Change -When an employee transfers to a position that is considered similar in responsibilities,
knowledge, skills and abilities, in the same pay range, the evaluation date and pay rate will remain unchanged.
E. Reversion of Employees in Trial Service Period-When an employee in a trial service period reverts to a class
to which he/she is certified or to another class at the same level, the pay shall be determined as though he/she
had remained in the class to which he/she is certified and the performance appraisal date shall not change.
When a trial service employee is demoted for non-disciplinary reasons or accepts appointment in a lower class ,
the pay shall be determined as though he/she were originally appointed in the lower class.
6.7. PERFORMANCE APPRAISALS
A. The City recognizes the importance of accurate employee evaluation . Performance appraisal is designed to
provide two-way communication between the supervisor and the employee and to identify an employee's level
of performance. The City's evaluation process recognizes the importance of developing goals for each
employee in a joint process between the supervisor and the employee .
B . A written performance appraisal will be completed for each employee by the immediate supervisor and
approved by the Department Director in accordance with administrative regulations and at any other time a
supervisor deems appropriate. Increases for satisfactory performance will be awarded in accordance with the
merit system in place.
C . Performance Appraisal Date-An employee's performance appraisal date is established in accordance with the
Performance Review System in force and shall remain at that date until one of the following :
1 . Promotion & Demotion -When an employee is promoted to a higher class or demoted to a lower class , the
employee's performance appraisal date shall become the new performance appraisal date.
2 . When an employee's position is reclassified , the Department Director and Human Resources Manager will
determine the performance appraisal date.
3. The performance appraisal date, regardless of whether the employee maintaining a regular position is in a
non-exempt or exempt status, shall change in the event of extended leaves, regardless of paid or unpaid ,
in excess of ninety (90) calendar days, (consecutive), upon which the total days absent will be added to
their current performance appraisal date, e.g .:
• Employee is out 79 days = evaluation date of June 1 remains unchanged
• Employee is out 105 days = evaluation date of June 1 changes to September 15
4. An employee receiving an Indeterminate or Unacceptable Performance Appraisal or is placed in a Return
to Trial Service status should be re-evaluated at least every thirty (30) days until such time that the
employee meets satisfactory performance or is determined, by the supervisor, unable to meet the
expectations as expressed . This in no way limits the number of documented counseling sessions to be held
during this period . However, this extended review period should not exceed six (6) months . Further
extension must be approved by the Department Director and the employee must be informed of the
extended date, as well as, the reasons for the further extended review period. If a review is extended for
said reasons , the effective date for any attached pay adjustment will reflect the date upon which a
satisfactory review is effective . Regardless of established timelines , only when a trial service employee
has been found capable of meeting the performance expectations of the position are they released from
trial service status .
6-3
D. Employees should always feel free to discuss their performance with their supervisors at any time . Supervisors
may, from time to time , initiate such discussions . It is the responsibility of the supervisor to conduct
performance evaluations in a timely manner. If at any time any employee believes his/her performance
evaluation is overdue, the employee should inquire to his/her supervisor.
E. Only documentation relating to job performance may be placed in the employee's personnel file . There shall be
no reference to suspected personal problems other than those that directly relate to the employee's
performance.
F . The employee who is dissatisfied with the content of a performance appraisal may Ret appeal pursuant to
Personnel Policy, Section 13, Problem Solving Procedure. For Police Department employees, a separate
procedure has been developed to comply with accreditation standards, (see departmental Policy Directive
Manual). ~Riess tl=le employee makes a slaim ef l=laFassmeRt, retaliatieR, er dissrimiRatieR. Tl=le reaseR fer
EieRyiR~ assess te s~sl=l prosed~re is tf:lat aRy appraisal ef perfermaRse, l:ly Resessity, iRvalves tl=le dissretieRary
applisatieR ef sriteria te aR iRdivid~al's jab perfermaRse wf:lisl=l is deemed a le~itimate ruRstieR aRe prere~ative
af s~pervisery perseRRel. Tf:le employee may, f:lewe•;er, prepare a statemeRt ef f:lis!f:ler respeRse te tf:le
eval~atieR seRsl~sieRs iR writiR~ tl=lat will l:le retaiRed iR tf:le employee's perseRRel file, te~etl=ler witf:l tl=le eri~iRal
evah:>~atieR .
6.8 . PERFORMANCE RECOGNITION
A. Employees who exhibit acceptable job performance may be recommended for a pay increase within the
assigned salary range of the position in accordance with the budget and salary administration program . The
pay increase shall be supported by a performance appraisal completed by the immediate supervisor and
approved by the Department Director and Human Resources Manager. Said pay raise shall be effective on the
employee's performance appraisal date, unless otherwise stipulated in the salary administration plan .
B . The pay increase raises the level of the employee's base salary and shall not, in any case, exceed the
maximum of the salary range for the employee's classification as established in the compensation schedule .
C . Part-time and intermittent employees may be granted pay increases in the same way as regular full-time
employees within the confines of the compensation schedule.
D . Employees not performing acceptable work are not eligible for merit pay increases.
6 .9. OVERTIME PAY AND COMPENSATORY TIME
It is the policy of the City to avoid the need for overtime work in order to m i nimize the financial liability caused by
accumulated overtime. Overtime may be necessary for the protection of the lives or property of the residents of
Wheat Ridge or the efficient operation of City departments . Authorized overtime is to be kept to a minimum .
A. Non-Exempt Employees-It is a condition of employment with the City that regular , (benefited) employees shall
receive compensation for overtime hours in the form of compensatory time ; non-benefited employees will be
compensated for overtime hours in the form of pay. Unless otherwise indicated , overtime hours will be
calculated at the rate of one and one-half (1 Y2) time the employee's regular hourly rate . The City compensates
FLSA non-exempt employees for authorized overtime as follows :
Eligible civilian employees shall be compensated overtime for time worked in excess of forty (40) hours
actually worked in a workweek . Law enforcement personnel , as defined by FLSA, werkiR~ a ssl=led~le
otf:ler tf:laR ferty (4Q) f:le~rs per week, sl=lall l:le sempeRsated evertime iR asserdaRse ..... itl=l FbSA. shall be
entitled to overtime compensatron upon working more than 80 hours in a single work penod .
Overtime is pre-approved when it is necessary to direct employees to report for emergency overtime
work. Employees are required to work overtime as deemed necessary by their supervisor.
When an employee is required to appear in court while he/she is off-duty for a matter arising from
his/her job-related duties, (see Section 5.19.8.1.b.)
When a non-exempt on-call employee performs work in a call-back status , he/she shall be
compensated at an overtime rate for a minimum of one (1) hour or the actual time worked outside of
his/her daily normal working hour schedule , whichever is greater , (Section 6 .1 0 .)
6-4
1. To be eligible to work voluntary overtime, the employee must first receive prior approval from his/her
Department Director or designee. An employee must inform his/her supervisor of any work situation that
could cause the employee the need to work any hours above his/her standard workweek.
2 . All compensatory time hours earned or used must be reported on employee time sheets and approved by
the supervisor and Department Director.
3. Compensated days of leave such as ESL, injury, compensatory time, holiday, PTO or other paid leave will
not be considered as time worked for the purposes of computing overtime.
4. The employee's ability to take compensatory time off is dependent on the department's operational
requirements.
5. If a non-exempt employee has taken approved compensatory time off in excess of his/her accrued
compensatory time, that excess compensatory time off shall be deducted from his/her accrued PTO leave.
If the employee has no accrued PTO leave, that time shall be charged as leave without pay.
6. Compensatory time can be accumulated up to a maximum of eighty (80) hours. Any overtime earned
above this maximum amount must be compensated for in the form of pay.
7. When an employee changes from a non-exempt status to an exempt status, any unused compensatory
time will be paid to the employee at the rate earned in the non-exempt status.
8 . When a non-exempt employee receives a transfer from a current assigned department to another due to a
promotion , demotion , or lateral transfer, all unused compensatory time will remain intact and will follow the
employee to the new position to be used as approved by the Department Director or designee.
9 . At termination, non-exempt employees will be paid for all unused compensatory time at the employee's
current hourly rate of pay. However, the employee's official separation date shall be his/her last date of
active employment and shall not be extended with unused compensatory time.
B. Exempt Employees-While exempt employees have no entitlement to compensatory time off, they may be
granted Exempt Status Leave as outlined in Section 5.16.
6.10. INCIDENT RESPONSE PAY-(CALL-BACK & ON-CALL)
A. Certain incidents which may occur throughout an annual period, when determined by the Director of the
responding department, require the work force to change their daily normal working hour schedule to a 24 hour
incident response schedule . In that occurrence , the following "call-back" stipulations shall be enacted:
1. Compensation-When a non-exempt on-call employee performs work in a call-back status, he/she shall be
compensated at an overtime rate for a minimum of one (1} hour or the actual time worked outside of his/her
daily normal working hour schedule , whichever is greater.
2 . Safety-Whenever possible, no person should be required to report for duty within ten (10} hours of the
end of the previous full and continuous shift worked . In this case, a full and continuous shift may last for a
maximum of sixteen (16) hours. If not required to report to the next normal work period , the employee may
take unplanned leave without penalty, however , sa id leave must be deducted from PTO or compensatory
leave accruals or taken as leave without pay .
3. Travel Time-The employee will be paid at the overtime rate, for the travel time to and from the work site
for unscheduled call-back, not to exceed a maximum of thirty (30} minutes. Travel time will not be paid if
the unscheduled call-back extends into the employee's regular work shift.
B. On-Call status means the employee should be prepared to return to the workplace or a designated work site to
perform specific job duties . The employee is obligated to ensure he/she remains available within the required
response time and in a non-impaired condition, fully able to safely perform job duties . Since on-call status is
restrictive and inhibits the employee's personal activities , the following will apply:
1. The rate of pay for on-call status is equal to two (2} hours base pay for each twenty-four (24} hours the
nonexempt employee is on-call.
6-5
2. No On-Call time will accrue during the period the employee is working in a Call-Back status or during
his/her normal working hour schedule .
C. The Director or designee of the responding department shall determine when the incident has concluded and
the daily normal working hour schedule is reinstated .
6.11. MULTIPLE CITY POSITIONS
Any employee may occasionally (not regularly) work in a different position for the City on a part-time basis or as a
volunteer, without having those hours counted as hours worked for computing compensatory pay or overtime pay,
provided that the work is not similar or related to the work usually performed by the employee, and so long as the
employee requests and volunteers to work in the part-time job or volunteer position . If the employee is required
and assigned by a supervisor to work in the part-time or volunteer position , those hours worked must be counted to
determine the overtime or compensatory time due for the work week.
6 .12. PROVISIONS APPLICABLE TO DEPARTMENT DIRECTORS AND THE CITY MANAGER
As stated in Section 1.3, the Personnel Policies shall apply to all employees of the City of Wheat Ridge , Colorado,
unless otherwise specified in City code , by written agreement, or within these policies.
A. Compensation -The City Manager's salary is set at the prerogative of the City Council. With the exception of
City Clerk and Treasurer, the City Manager shall recommend salary ranges for Department Directors based on
relative responsibilities of work, comparability to prevailing rates for like work, and other related economic data.
B. Benefits-With the exception of the City Clerk and Treasurer, all fringe benefits and procedures relating to
benefits outlined in these Policies and Procedures shall apply to Department Directors and the City Manager;
however the City Manager may grant alternate or additional benefits to the Department Directors.
C. Performance Appraisal -The Department Director's work performance, with the exception of the City Clerk
and Treasurer, shall be formally reviewed by the City Manager. The City Manager's work performance will be
formally reviewed at the discretion of the City Council .
D. Dismissal-The City Manager may be dismissed only by the City Council. Any Department Director appointed
by the City Manager may be dismissed only by the City Manager. All Department Directors , with the exception
of the Treasurer and City Clerk , report to the City Manager. The Treasurer and City Clerk are elected
positions . Any Department Director or officer of the City who is appointed by the City Council may be
dism issed only by the City Council , either at its discretion or upon recommendation of the City Manager.
6 -6
SECTION 7: CLASSIFICATION POLICY
Section(s) Revised: 7.4.A.
7.1 . CLASSIFICATION OF POSITIONS
City of Wheat Ridge Personnel Policies
Approved: 03/26112
Effective: 03/26/12
All positions in City service are assigned to a classification . The classification may include a single position or a
group of positions. These positions are sufficiently alike in duties, functions, and responsibilities such that the
positions can be identified by the same classification title , use the same classification specification, and be
assigned the same rates of pay.
7.2. PREPARATION AND MAINTENANCE
Classification specifications for each City position are prepared and maintained in such a manner that they
accurately describe the duties and responsibilities of the positions and classifications. Classification titles are set
by the City Manager. The Human Resources Manager has the authority and responsibility to research, study, and
propose necessary changes to the City Manager. The City recognizes that duties evolve and change in a dynamic
work force, and that the classification system needs periodic reviews.
7.3. CLASSIFICATION PLAN REVIEW
A periodic compensation review that reflects changes to external comparables will be performed by the Human
Resources office. The Human Resources office will research the compensation data and make recommendations
based on their review.
7.4 . CLASSIFICATION SPECIFICATION REVIEW
A. Classification specifications may be reviewed for several reasons as outlined below, however, a specification
audit will be conducted not more often than once per year.
• Market Study-A review of the market to determine if position(s) are classified properly. For cf:lan§es to
compensation as a res~lt of a reclassification of tf:lis, see Section 6.6.8.1.
• Organizational Change -A Department Director may request an audit when there is a need to restructure
the Department. For cf:lan§es to compensation as a res~lt of tf:lis , see Sestion 6.6.8.2.
• Job Specification Change -An audit may also be initiated by an employee or supervisor at any time when
there has been a significant change in the employee's job responsibilities. For res~:~lts in cf:lan§es to
compensation, see Section 6.6.8.3.
B. Requests-As changes occur in the responsibilities of a position, it is appropriate to the classification review to
determine whether changes in the classification of a position are justified. Such changes may result from
gradual modifications and additions to the responsibilities of a position and/or from a departmental
reorganization in efforts to meet the goals and objectives of the City's strategic plan(s). Because of the
implications of a position reclassification, these basic Policies are followed:
1 . A request for classification review begins only when the Department Director can clearly identify the
changes in responsibilities that have occurred as a result of reorganization, enhanced job duties, or
changes in work complexity. The justification focuses on the content of the position which has changed.
Increases in work volume, outstanding performance, or admirable behavioral traits of the incumbent,
although valued and important, are not relevant to a classification audit.
2 . The Department Director, in consultation with Human Resources, determines whether or not the request
meets the criteria and the changes are conducive toward meeting the goals and objectives of the City's
strategic plan(s). Failure to meet the criteria may mean the Department Director does .not support the
request and may elect to change the duties back so the employee is properly working within the current
classification .
3 . Position reclassifications have budgetary impacts . Therefore, the Department Directors must submit their
requests to Human Resources by March 31st each year so the audits can be for implementation, if
applicable, the next fiscal year.
4. When the City determines that a new classification specification or reclassification of an existing
classification is necessary, Human Resources will prepare a new/revised classification specification and
recommended salary range .
7-1
C. Audit Process -The reclassification of a position can be accomplished only upon the completion of a
classification audit process, which follows the outline below:
1. Reclassification Request-Requests for reclassifications are submitted in writing to the Human Resources
Manager through the employee's Department Director. The Human Resources Manager may request
completion of part or all of the following:
• A copy of the most recently-approved position description with a detailed listing of specific additions,
deletions , or changes that have been made subsequent to the position's responsibilities with an
explanation as to how these alterations assist in meeting the goals and objectives of the City's strategic
plan(s);
• Any additional background material considered to be appropriate to document the change in the
position regarding its complexity, skills, or accountability, (e.g., activity log);
• A Position Task Questionnaire available from the Human Resources Office.
2. Classification Audit Process: Upon receipt of the Department Director's written request, the Human
Resources Manager conducts a classification audit involving the following steps:
a . Review of the specification changes that may include basic functions, examples of work, basic
qualifications, knowledge, skills, and required training and experience;
b. Identifies what changes in responsibilities would or would not justify the need to place the position in a
higher or lower classification and places a value to the classification as appropriate;
c . The information with a recommendation is forwarded to the relative Department Director for final action .
3. Timeline -Classification audits are accomplished in a timely fashion. The audit and the response
explaining the recommended action are delivered to the appropriate parties within a reasonable time,
generally within ninety (90) working days of receiving the request.
7.5 . RECLASSIFICATION RESULTS
Upon approval of a reclassification, the position is assigned to the appropriate classification range . For results of
changes in compensation changes , see Compensation Section 6.6.
7.6. REQUEST FOR A NEW CLASSIFICATION
Any request for a new position to be established before the succeeding fiscal year must be submitted initially by the
Department Director to the City Manager or designee and the Human Resources Manager . The request must
include the following:
• A full description of the duties , functions , and responsibilities of the position with suggested qualifications
and title;
• A statement explaining the impact and relationship of the new position or classification upon existing
positions and classifications;
• Explanation as to how the position(s) will assist in meeting the City's strategic plan(s); and ,
• Other information that would justify the need for the new position or classification .
7.7 ESTABLISHMENT OF A NEW CLASSIFICATION SPECIFICATION
Requests for new classification titles, classification specifications, and position descriptions are submitted through
the Department Director to the Human Resources Manager for consideration . Upon the City Manager's approval,
the Human Resources Manager provides a new classification title, new classification specifications, or a new
position description . The City Manager also directs the assignment of a proper classification range .
7.8. CLASSIFICATION OF TEMPORARY EMPLOYEES
For a temporary position, the Department Director may request a temporary title for the efficient operation of the
department without a proper working classification title . The request is submitted to the Human Resources
Manager and City Manager and includes appropriate justifications, classification specifications, a position
description , a recommended classification range, and a recommended rate of pay. Upon approval by the City
Manager, the Department Director may immediately fill the temporary position .
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7.9. CLASSIFICATION OF EMERGENCY EMPLOYEES
Under emergency conditions that jeopardize public safety, the use of additional personnel not otherwise budgeted
may be required. A Department Director, or the Department Director's designated representative, may employ the
services of an emergency employee(s), with the prior approval of the City Manager or the City Manager's
designated representative. An emergency employee is placed in a proper classification range and is provided with
benefits as approved by the City Manager.
7.10. UNAUTHORIZED POSITIONS
No person may be hired as a regular employee in excess of the authorized number of positions as shown in the
budget nor in pay ranges other than authorized in the compensation schedule .
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City of Wheat Ridge Personnel Policies
SECTION 8: EDUCATIONAL PROGRAMS & WORK-RELATED TRAVEL Approved : 03/26112
Section(s) Revised: 8.5 . Effective: 03/26/12
8.1. POLICY STATEMENT
The personal and professional development of employees is vital to the success of each employee and the City.
As such, the City supports and encourages training, self improvement, and personal development programs for all
employees through on-the-job training, educational programs, and certification.
8.2 . EDUCATIONAL PROGRAMS AND TUITION REIMBURSEMENT
Planning an employee's individual development or learning plan is the joint responsibility of the employee and
immediate supervisor, and occurs at least annually. All employees and managers are strongly encouraged to take
advantage of advanced educational programs.
A. Training may include demonstrations, reading assignments, lecture courses, workshops, seminars,
teleconferences, or other methods that may be available to improve the effectiveness and broaden the
knowledge of employees .
B. Training is considered directly related to the employee's job if the employee's Department Director and Human
Resources Manager determines it is designed to make the employee handle his/her job more effectively.
Training is not considered directly related if it prepares the employee for another job, provides new or additional
skills for advancement, or when it is not intended to make the employee more efficient in his/her current job,
even though the course incidentally improves skills for performing his/her regular work.
C. It is the responsibility of each department to project the number of employees participating in these programs
within their department.
D . Employees should be aware that, due to budgeting restraints, the City is under no obligation to approve all
employee requests. Funds allocated to departmental budgets for these programs are divided in a fair and
equitable manner.
8.3. TRAINING PROGRAMS ESTABLISHED BY THE CITY
A. Training sessions and courses can be established by the Department Director where the employee would
benefit from such training, or may be provided on a City-wide basis. In cases where City funding is unavailable
or insufficient, or where the training opportunity provides a personal as well as a work-related benefit to the
employee, the employee may be required to share in or pay the entire cost of such training opportunity if he/she
desires to attend.
B . Although operational considerations must be given first priority, supervisors and Department Directors are
encouraged to make reasonable arrangements that will allow employees to attend such training opportunities.
It will be the responsibility of Department Directors to initiate and promote in-service training of employees to
improve the quality of personnel services.
8.4. CONFERENCES, WORKSHOPS, SPECIAL TRAINING COURSES, OR SEMINARS
A . Employees are encouraged to attend professional seminars, conferences, workshops and other special
training , providing such educational opportunities are directly or indirectly related to the employee's
employment and moneys are available in the budget as specified in Section 8 .2 .
1. When an employee represents the City at the request of his/her Department Director at a seminar, lecture
or training session, all expenses incident to the training shall initially be paid by the City in accordance with
policies . Training expenses are also paid by the City to maintain or improve skills required for the
employee's position , provided all expenses are requested by the Department Director and moneys are
provided in the department budget. All training programs must be approved by the Department Director or
designee in advance . If the cost of the program is in excess of the amount allotted in 8.6.C .2 . the
employee may be required to comply with the stipulations as outlined in Personnel Policy 8 .6.D.1.b. If the
training session is required of the employee's position and a pass/fail or Grade is issued , reimbursement to
the City of all or a portion of the expenses will be in accordance with Personnel Policy 8.6.C.3.a . through
8 .6 .C .3.d.
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2. In-state and out-of-state travel or conference registration expenses must have prior approval of the
Department Director. Forms and procedures for employees wishing to attend conferences shall be
provided by the City.
3. Attendance by covered employees at these seminars, conferences and training classes will not be treated
as hours worked for FLSA purposes if all of the following criteria are met:
a. attendance by the employee is voluntary;
b. the seminar, conference or training is not directly related to the employee's job; and
c. the employee does not perform any productive City work during such attendance .
B. Attendance by covered employees is not considered voluntary if it is required by the City or if the employee is
led to believe that his/her present working conditions or the continuance of their employment would be
adversely affected by non-attendance.
8.5. WORK-RELATED TRAVEL
Employees required to travel on business for the City are paid a sufficient amount to cover expenses accrued in a
reasonable manner. All employees are expected to use the mode of transportation which would require the least
amount of time and cost. Exempt employees are not entitled to additional compensation . Therefore , in accordance
with FLSA, tt:le fellewing guidelines, 8.5.A.1 through 4 t:lewever result frem FLSA legal inter~retatiens an9 apply only
to employees in non-exempt positions.
A. Definitions
1. "Routine" Travel Time To and From Work
Travel time to and from work before and after the regular workday is not work time . This is true whether
the employee works at a fixed location or at different job sites.
2. "Extraordinary" Travel Time To and From Work
In contrast, if an employee is given a special work assignment, inclusive of required attendance at a
training function, in anett:ler sity outside the metro area, this travel time is not regarded as ordinary home-
to-work travel and would qualify as working time.
Example: An employee who works in Wheat Ridge, with regular working hours from 8:00a.m. to 5:00p.m.
may be given a special assignment in Colorado Springs with instructions to leave Wheat Ridge
. at 7:00a.m . The employee arrives in Colorado Springs at 8:00a.m., the special assignment is
completed at 5:00p.m. and the employee arrives back in Wheat Ridge at 6 :00p.m. The travel
is not regarded as ordinary home-to-work travel because it is performed for the employer's
benefit and at the employer's special request to meet the needs of the particular and unusual
assignment.
However, not all the travel time involved must be counted as working time. Since, except for the special
assignment, the employee would have had to report to their regular work site, the amount of time it would
take the employee to travel between their home and the normal work site need not be counted as hours
worked .
3. "Extraordinary" Travel Involving Overnight Travel
a. Required travel that keeps an employee away from home overnight is travel from home and is work
time when it cuts across the employee's workday. The time is not only hours worked if it occurs during
the employee's normal working day and working hours, but also if it occurs during the corresponding
hours on nonworking days. Thus, as an example: employee regularly working Monday through Friday,
from 8:00 a.m. to 5:00 p .m ., travel time between 8:00 a .m. -5:00 p.m. is work time if it occurs on
Saturday and Sunday, as well as, on weekdays .
b. In contrast. time spent in travel away from the home but outside of regular working hours need not be
counted as hours worked if the employee is a passenger, e.g. traveling by airplane, bus, car, or train. If
the employee is a driver of a vehicle , all time spent driving in the vehicle to and from the assignment is
regarded as working hours, except that if public transportation would have required less time, the City
may count as hours worked the less time-consuming method of transportation.
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4. Travel From Work Site to Work Site
Time spent traveling from one work site to another must be counted as hours worked. If an employee is
required to drive a vehicle to transport tools, equipment, or other employees from the employer's place of
business to the job site, that is considered work time. It makes no difference whether the vehicle is the
employee's, the City's, or rented .
B. Travel Pay -Employees will be paid by an approved appropriation in a departmental budget. The appropriation
will be in the best interest of the City and will be approved by the Department Director. For specific procedures,
refer to the internal administrative Travel and Payment of Expenses policy.
8.6. TUITION ASSISTANCE PROGRAM
A. Purpose -The Tuition Assistance Program is to encourage and assist employees to enhance their
effectiveness through education and training, to improve their skills and knowledge, and to improve the ability to
carry out their job duties. The City makes this investment in the employee with the expectation that it will
improve the employee's productivity and the employee is committed to continued employment with the City.
B. Eligibility -In order to be eligible for the reimbursement of tuition, registration, and books for approved courses
taken when the employee is off duty, all of the items listed in the following 1-5 are required:
1. Employees must have completed their Trial Service Period and be certified to their Mregular" (benefited)
position;
2. Courses taken are through an accredited and recognized educational or training institution;
3. Criteria as outlined in Section 8.2 are met;
4. The employee completes and submits the required material as outlined in Section 8.6.D Procedures; and
5. The employee must demonstrate successful completion of all course work through receipt of a Me• grade or
higher, or a pass in a pass/fail system; or provide documentation of successful completion of courses
where no letter grade is given.
6 . Employees separating from City employment prior to the completion of an approved course are not eligible
for reimbursement.
C. Policy
1. Employees are responsible for tuition charges when the required course leading to a degree is not related
to their employment, as determined by the Human Resources Manager and the employee's Department
Director.
2 . The maximum reimbursement for full-time eligible employees is $2,000 per employee per calendar year
and for part-time eligible employees, this amount will be pro-rated.
3. Employees who meet the criteria as set forth in this policy may be reimbursed for tuition, registration, and
books subject to availability of funding in the City's annual operating budget. Reimbursement will be on the
basis of the grade obtained for each course:
a. For a grade of MA" or MB", the employee shall be reimbursed for 100% of the above mentioned costs;
b. For a grade of "C", the employee shall be reimbursed for 50% of said costs;
c . 0% reimbursement for a grade of MD", "F", or an incomplete grade unless or until such course is
completed with the requisite passing grade.
d. If a course is graded on a pass/fail basis, an employee who receives a grade of Mpass" shall receive
100% reimbursement for the above costs and 0% reimbursement for a failing grade.
e. The Department Director may reduce the percentage reimbursed for tuition based on budgetary
constraints.
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4. The Department Director may adjust an employee's work schedules so that they may attend degree and
non-degree related courses under this policy. However, this adjustment shall be at the sole discretion of
the Department Director.
D. Procedure
1. Eligible employees who want to participate in the tuition assistance program must complete and submit for
approval, prior to enrolling in such a program, the following two forms. To the degree possible, the forms
are submitted to the employee's immediate supervisor during the budgeting process.
a . Tuition Assistance Request form -outlines course content, purpose of education, degree/certificate
sought, total of semester/graduate hours for which reimbursement is desired and estimated completion
date of program.
b. Agreement and Certification form -stipulates the employee will remain in City employment for a
minimum of one (1) full year after completion of course approved for reimbursement; the employee
agrees that if termination occurs prior to the one (1) year commitment period, repayment of the amount
provided by the City for tuition assistance on a pro-rata basis will result; and, if other costs are incurred
due to collection of delinquent sums, the employee will pay such expenses in addition to the portion of
reimbursement.
2. The approval or disapproval for tuition reimbursement shall be the decision of the Department Director.
The Department Director will indicate approval or disapproval on the Tuition Assistance Request form with
an explanation for the determination.
3. The Department Director will forward both forms to Human Resources for final review. Human Resources
will verify the forms are complete with all appropriate signatures and required information. Human
Resources will be responsible for returning a copy of the final determination to the appropriate department.
4. It shall be the responsibility of the department to notify the employee as to the approval or disapproval of
tuition reimbursement.
5. Within thirty (30) calendar days after published course completion date, the employee must forward an
approved check request form along with evidence of satisfactory completion of the course(s) and a receipt
for tuition, to the Administrative Services Department for payment.
6. Failure to submit appropriate documents within time limits indicated in this policy may result in denial of
tuition reimbursement for course(s). Reimbursements are contingent upon compliance with requirements
listed in this policy and availability of funds.
E. limitation on Expenses
1. Books -If the City reimburses the employee for books, the City retains the books for a departmental library
established for employees' use . If the employee wants to keep the books, then the City does not reimburse
the employee for that cost.
2. Workbooks, special assessment fees, or late registration fees will not be considered reimbursable
expenses.
3. If the employee pays for the tuition, registration or books on a credit card or installment plan, no service
fees or financial charges are paid by the City.
4. If an employee receives assistance under federal or state government legislation, or other student aid
programs, for tuition, registration, or books for an approved course, the City pays only the difference, if any,
between the student aid and the actual costs for tuition, registration, and books.
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SECTION 9: SUBSTANCE ABUSE POLICY
Sections Revised: 9.3 .8 .3., 9.4.0.
9 .1. PURPOSE
City of Wheat Ridge Personnel Policies
Approved: 03/26/12
Effective : 03/26/12
The City considers its employees to be its most valuable asset and believes that professionalism in the delivery of
public services can only be maintained within a drug-and-alcohol-free work environment. Further, the City believes
that employees have a right to work in an environment free of drugs and alcohol and employees have the obligation
not to place themselves or their co-worker in a situation where job performance is impaired by substance abuse .
This policy has been developed in compliance with the Federal Drug-Free Workplace Act of 1988, regulations of
the US Department of Transportation ("DOT"), the Federal Transit Administration ("FTA)", and other relevant
authorities. It also incorporates the City's Drug Free Workplace Policy.
9.2. POLICY
It is the policy of the City of Wheat Ridge that employees and volunteers present themselves for duty, free of the
influence of illegal drugs or other intoxicants. The use, sale, or possession of an illegal drug or alcohol in the work
place may negatively affect the City's efficiency in providing service to its citizens and can have an adverse impact
on how the public perceives the City of Wheat Ridge and its employees.
A. The City intends to follow all applicable laws and regulations, including the Americans With Disabilities Act
(ADA). The City reserves the right to obtain and consider information on an applicant's fitness for a given
position . The information may include but is not limited to the applicant's obedience to law, including the use ,
sale, manufacture, transfer, and possession of controlled substances or alcohol.
B. The City is a public entity and wishes to retain the confidence of the public in the services provided by the City's
work force, therefore, the City will not knowingly hire or retain individuals who illegally buy, possess, use or sell
controlled substances.
9.3. DRUG FREE WORKPLACE
A. Policy Statement -The City recognizes that the maintenance of a drug-free workplace is essential to the safety
and welfare of its employees. This policy establishes City programs and practices that promote and support a
drug-free working environment and brings the City into compliance with the Drug-Free Workplace Act of 1988.
The City wishes to educate its employees as to the dangers of drug abuse in the workplace, the City's
commitment to a drug-free workplace , the penalties that may be imposed upon employees for drug violations in
the workplace, and the City's commitment of support for employees undergoing treatment and rehabilitation of
chemical dependencies.
B. Provisions
1 . Controlled Substances -
a. The manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol in the
workplace is prohibited, (conduct prohibited in accordance with 9.4.C.).
b. As a condition of employment, all employees must notify their Department Director of any criminal drug
statute conviction for a violation occurring in the workplace no later than five (5) dates after such a
conviction.
2. Prescription or Over-the-Counter Drug Use -The use of prescription and over-the-counter drugs which
compromise the safety in the workplace or the quality of the employee's work product is prohibited. It is the
employee's responsibility to check with their physician as to whether or not a prescription drug will impair
performance and to notify his/her supervisor of the physician's opinion. Employees are specifically
required to notify their immediate supervisors of any restrictions, hazards or effects when they are taking
medications with warning labels .
3 . Medical Marijuana
a. City policy clearly states that the City is a drug-free workplace. City policy is that marijuana use is
illegal under federal law. Therefore , marijuana use in the workplace , or the possession thereof, is
illegal and appropriate disciplinary action will be taken .
9-1
b. Neither federal or Colorado law requires employers to accommodate the use of medical marijuana in
the workplace .
c. The City has the right to refuse to hire someone who tests positive for any illegal drug , including
marijuana , even if the applicant has a marijuana card .
d. The City cannot terminate an employee just because he/she has a medical marijuana card issued by
the State of Colorado, however the City has the right to discharge individuals who test positive for
marijuana during work hours, or who admit to current use of marijuana while at work .
4. Drug Use Away from the Workplace -The use of a controlled substance off the work site by an employee
may be grounds for disciplinary action if it results in an adverse impact on job performance or the
confidence of the public in the City as an employer.
5. Employee Sanctions-It is the responsibility of every employee to be aware of the above provisions and to
abide by them . Failure to observe these provisions will result in immediate disciplinary action against the
employee, up to and including termination .
6. Employee Assistance Program-The City is committed to supporting employees undergoing treatment and
rehabilitation for alcohol or other chemical dependency. The City will provide information to employees on
available drug counseling and rehabilitation programs.
7 . Drug Abuse Education Program -The City will utilize all available City resources to educate employees as
to the dangers of drug abuse.
8 . Confidentiality -Confidentiality of all complaints and reported violations of the provisions of this directive will
be maintained as strictly as possible , except as required by public disclosure laws or court order.
9 .4 . DRUG AND ALCOHOL TESTING
A. This policy sets forth the City of Wheat Ridge's alcohol and drug testing program and the testing and reporting
requirements as required by the United States Department of Transportation and the City. This policy applies
to all employees as outlined in Section 9.4.D.
8. DEFINITIONS
Accident-means an occurrence involving a vehicle on a public road wh ich results in:
• a fatality;
• bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from
the scene of the accident;
• One or more motor vehicles incurring d isabling damage requ iring the vehicle to be transported away from
the scene by a tow truck or other vehicle;
• A citation for a moving traffic violation arising from the accident;
• Overall property/vehicle damage estimated at $1,000 or more ; or
• The employee cannot be completely discounted as a contributing factor to the accident.
Alcohol Abuse -the ingestion of alcohol or alcoholic beverages, on or off duty, which adversely affects the
employee's ability to perform his or her job duties.
Confirmation Test -Gas Chromatography/Mass Spectrometry (GC/MS) used to identify the specific substance
present.
Driver-includes all employees whose positions may involve driving a commercial vehicle and that requ ire the
possession of a Commercial Driver's License.
Commercial Vehicle -one that either
• Has a gross vehicle weight of over 26 ,000 pounds (including combined weight if towed un it weighs over
10,000 pounds);
• Is designed to transport 16 or more persons, including the driver; or
• Is used to transport hazardous materials.
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Drugs -for the purposes of this policy, in accordance with the applicable federal regulations, "drugs" refers to
the following five categories of substances: marijuana (THC), cocaine, opiates , phencyclidine (PCP), and
amphetamines.
Drug Abuse -use of any controlled substance as defined in Colorado Statutes Title 12, and any applicable
amendments thereof, not pursuant to a lawful prescription.
EBT <Evidential Breath Testing) -device used to measure alcohol level.
HHS Policies -Department of Health and Human Services Mandatory Policies for Federal Workplace Drug
Testing Programs -those Policies as printed in the April 11, 1988 Federal Register (53FR11970), as they may
be amended from time to time.
Illegal Drug -any controlled substance as defined in Colorado Statutes, Title 12 as amended from time to time,
not possessed or taken in accordance with a lawful prescription.
Impairment-any detectable level of an intoxicant in a person's system, including prescription medication.
Motorized Vehicle -on or off road motorized vehicle.
MRO (Medical Review Officer) -licensed physician with knowledge of drug abuse disorders.
Radioimmunoassay of Hair (RIAH) -a drug screening process which uses a small sample of human hair to
detect whether an individual has used drugs.
Reasonable Suspicion -based on specific, objective facts derived from the surrounding circumstances from
which it's reasonable to infer that further investigation is warranted.
Substance Abuse Professional (SAP) -may be a licensed physician or licensed or certified psychologist, social
worker, or Employee Assistance Professional with knowledge of and clinical experience in the diagnosis and
treatment of alcohol related disorders; or drug abuse counselors certified by NAADAC Certification
Commission. The SAP is responsible for evaluating employees with positive test results.
Safety Sensitive Position-If an employee is performing any of these activities with respect to a City vehicle to
which a C.D.L. applies or responsible for operating emergency vehicles, that person is considered to be
performing a safety-sensitive function:
• Any time waiting to be dispatched on a vehicle;
• Any time spent inspecting equipment or inspecting, servicing, or conditioning a vehicle;
• All driving time;
• Any time in a vehicle, other than when resting in its sleeper berth, if any;
• All time spent loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending
a vehicle being loaded or unloaded, being ready to drive a vehicle, or giving or receiving receipts for
shipments loaded or unloaded;
• All time spent by an employee following required procedures after being involved in an accident involving
injury, death or property damage of any kind; and
• All time repairing, obtaining assistance for, or staying by a damaged vehicle .
Substances Releasing Toxic Vapors -use of any product as, defined in the City of Wheat Ridge Ordinance
Section 75-96, for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction or
dulled sense or nervous system. Also includes possessing, buying or using any such substance for the
purpose of violating or aiding another to violate this section.
Working Hours -the time from when an employee arrives at the work place at the beginning of the work day
until the time the employee leaves the workplace at the end of the work day, whether the regular shift, overtime,
call back or other time worked.
Workplace -any facility, premise, parking lot, and/or work site of the City of Wheat Ridge including any place
and/or function to which an employee is sent as a representative of the City. Workplace also refers to vehicles
and equipment of the City, and to private vehicles used by the employee while on duty.
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C. PROHIBITED CONDUCT -The following conduct regarding alcohol and drug use or abuse is prohibited
1. Alcohol Concentration -An employee may not report for or remain on duty while having an alcohol
concentration of 0.04 or greater. Police Officers while on duty but not in uniform , may drink while
performing in authorized undercover operations and/or when serving as the subject of an educational
seminar or class that addresses alcohol use and/or intoxication .
2. Alcohol Possession and On-Dutv Use of Alcohol-An employee may not possess or use alcohol while on-
duty, including while operating a city vehicle or a personal vehicle on behalf of the City, with the exception
of circumstances as described in Section 9.4 .C .2.
3. Pre-Duty Use of Alcohol-An employee may not operate a commercial vehicle within four (4) hours after
using alcohol. A stand-by employee who consumes alcohol within four (4) hours of being called in must
acknowledge the use of alcohol and may not report for duty.
4 . Alcohol Use Following An Accident-An employee required to take a post-accident alcohol test may not
use alcohol for eight (8) hours following the accident, or until a post-accident alcohol test is given ,
whichever comes first.
5. Use of Drugs-An employee may not report for duty or remain on duty, when the employee has used a
drug or drugs, except when the use is pursuant to instructions of a physician who has advised the
employee that the substance does not adversely affect the employee's ability to safely operate a vehicle .
Employees who are taking a prescription or over-the-counter medication that may impair their ability to
perform their duties safely and effectively should provide written notice from their physician or pharmacist
with respect to the effects of such substances.
6. Refusal to Submit to a Required Test-An employee may not refuse to submit to a post-accident, random,
reasonable suspicion , or follow-up alcohol or drug test as directed by this policy.
7. Positive Drug Test-An employee may not report for duty or remain on duty, for the performance of duties
covered under this policy , if the employee tests positive for drugs or alcohol.
8. Tampering with a Required Test -An employee may not tamper with , adulterate , alter, substitute or
otherwise obstruct any testing process required under this policy.
9 . Possession. Transfer. or Sale-No employee may possess, transfer, or sell drugs or alcohol while on duty
in any position covered by this policy.
D. CIRCUMSTANCES REQUIRING TESTING-The City of Wheat Ridge will require tests for the presence of alcoho l or
illegal drugs under any of the following circumstances :
1. Post-Hire Offer -A candidate for employment considered to be a prospective appointee , shall be required
to undergo pre-employment drug testing upon a conditional offer of employment and prior to his/her
appointment as a City employee in the position of 1) armed police officer; 2) positions having access to
police property evidence ; 3) positions requiring the possession of a Commercial Driver's license or the
operation of Commercial Vehicles as prescribed by state or federal regulations ; and , 4) positions which
requ ire the operation of passenger vans and transportation of the public as a regular daily activity of the
position ; 5) positions the City deems necessary. The City reserves the right to institute a City-wide program
in which this policy will apply to all positions.
a. Securing Information from Previous Employers -If a person is to be hired into a position subject to this
pol icy and during the previous two years has worked as a driver of a commercial vehicle, that person
must authorize a request for all employers of the driver within the past two years to release information
on positive alcohol or drug tests or if there was a refusal to be tested .
b. If the person has passed the pre-employment drug test but the requested information has not arrived
by the applicant's anticipated start date, the person may be hired with the understanding that
continuation of employment may be contingent upon obtainment of the requested information from the
previous employers with in 14 calendar days from date of hire . If the information has not been received
within this time period, the person will not be permitted to drive commercial vehicles until the
information has arrived .
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c. If the information obtained from previous employer(s) indicates whether a positive test or a refusal to be
tested occurred within the past two (2) years, that person will not be permitted to drive commercial
vehicles unless subsequent information indicates than an evaluation by a Substance Abuse
Professional was made and return to duty testing was administered.
d. If no such information was generated about the applicant or if the past employer(s) cannot be located
or refuse(s) to cooperate, the supervisor will so document and send a report to Human Resources.
Normal hiring may proceed when a memo documenting the lack of information has been sent to
Human Resources.
e. Any applicant who tests positive for any controlled substance or for a prohibited concentration of
alcohol (more than .02%) shall be deemed unfit for City employment and will be ineligible for
employment opportunities with the City for six (6) months.
2. Annual Phvsical Examination -As part of an employee's annual physical examination, if applicable.
3. Promotion or Transfer -Whenever an employee is promoted or transferred to a position identified in
9 .4 .0.1. unless the employee is already serving in a position as described in 9.4 .0 .1.
4 . Reasonable Suspicion -Any employee shall submit to a drug and/or alcohol test when the City reasonably
suspects that this policy (except the prohibitions against possession, transfer or sale of alcohol) may have
been or are presently being violated. A referral for testing will be based on contemporaneous, articulate
observations. Such referrals will be made by supervisory personnel or designee that have received training
concerning the signs and symptoms of drug and alcohol use, and confirmed by a second trained
supervisor. When reasonable suspicion exists, the affected employee will be questioned and observed. A
decision to request a specimen will be based upon eye-witness reports, facts of the event and observed
physical and behavioral characteristics of the affected employee. The employee will be interviewed in a
private area.
a. Verification -A reasonable suspicion request will be documented in writing with a copy provided to the
affected employee.
b. Relief of Duty-The employee will be placed on paid leave until the results of the drug and/or alcohol
test are complete and verified. If the test results are negative, the employee will be compensated
during the waiting period for all work time lost. If the test results are positive, employees will be allowed
to use PTO, compensatory time, ESL or other paid leaves during the period of absence to eliminate
any loss of income.
c. Transportation Assistance-At least one member of the City management team or designee and/or
Human Resources staff will accompany the employee to the collection site and will provide the
employee with transportation to his/her home after testing is completed. A City vehicle, whenever
possible, should be used for transporting the employee. If the employer deems the employee's
behavior is belligerent and/or the employee refuses and demands to drive his/her vehicle, the employer
shall notify law enforcement.
d. Alcohol testing for reasonable suspicion may only be initiated during the employee's working hours. If
an employee is removed from duty based on reasonable suspicion of alcohol use and an alcohol test is
not administered within eight (8) hours, the employee will not be allowed to perform or continue to
perform their job until an alcohol test is administered and the breath alcohol concentration measures
less than 0.02 or 24 hours have elapsed following the determination that there is reasonable suspicion
to believe that the employee has violated this policy concerning the use of alcohol.
5. Post Accident -Substance testing is required whenever an employee is involved in an accident while
operating a City of Wheat Ridge vehicle or when operating his/her own vehicle while performing work for
the City of Wheat Ridge which results in : a death; an injury that warrants outside medical attention; and/or
equipment/vehicle is disabled.
a. Testing should occur as soon as possible, but may not exceed eight {8) hours after the accident for
alcohol testing and thirty-two (32) hours after the accident for drug testing.
b. Stipulations as outlined in 9.4 .0.4.b. and c. will apply.
9-5
c . An employee involved in any accident that will or may result in a drug test must remain available for
testing and may not take any action to interfere with testing or the results of testing.
d. Drivers who do not comply with post-accident test requirements will be considered to have refused to
submit to testing and will be subject to sanctions for refusal to test as provided in this policy.
6. Return to Duty -Employees who have violated this policy, including those who have tested positive on a
drug or alcohol test, and, who under the discipline policy, are allowed to return to work, must test negative
prior to being released for duty. A return to duty test following alcohol misuse may not exceed an alcohol
concentration of 0 .02. If an employee tests positive for drugs or has an alcohol test that indicates a blood
alcohol level of .04 or greater from a random, reasonable suspicion, or post-accident test. or engages in
prohibited conduct as outlined in this Policy, the employee will be immediately removed from duties. The
employee will not be permitted to return to work unless he/she :
a. Has been evaluated by a qualified Substance Abuse Professional; and,
b. Has a verified negative result on a return-to-duty alcohol , (.02) and/or drug test; and,
c. If recommended by a Substance Abuse Professional, has properly followed any rehabilitation
prescribed . Upon completion of a recommended rehabilitation program and successful return to work,
an employee will be subject to follow-up random testing in accordance with 9.4.D.8.
7. Random Basis-As prescribed by City policy for employees performing safety-sensitive functions,
a. Testing must be either just before, just after, or during the safety-sensitive function .
b . Initial rate at testing must be equal to an annual rate of 50% of the employees performing safety-
sensitive functions for drugs and 25% for alcohol. Selection is through a scientifically valid method,
spread reasonably and unpredictably through the year.
8 . Follow Up -An employee who is referred for assistance related to alcohol misuse and/or use of drugs is
subject to unannounced follow-up testing for a period not to exceed sixty (60) months as directed by a
Substance Abuse Professional and the City. The number and frequency of follow-up tests will be
determined by the Substance Abuse Professional and the City, but will not be less than six (6) tests in the
first twelve (12) months following the employee's return to duty.
9 . Re-Testing -Employees who test positive for drugs may request, at their expense, a second test of the
remaining portion of the split sample within seventy-two (72) hours of notification of a positive test result by
the Medical Review Officer.
E. REFUSAL TO SUBMIT TO A REQUIRED TEST -No employee shall refuse to submit an alcohol or drug test as
directed under this policy. Refusal to submit to a test shall be considered insubordination and shall be deemed
the same as a positive test result. A refusal to submit shall include, but is not limited to:
1. A failure to provide adequate breath for testing without a valid medical explanation after the employee has
received notice of the requirement for breath testing in accordance with the procedures manual;
2 . Failure to provide adequate urine for drug testing without a valid medical explanation after the employee
has received notice of the requirement for urine testing in accordance with the procedures manual;
3 . Engaging in conduct that obstructs the testing process
F. CONFIDENTIALITY AND RECORD RETENTION -All records related to drug and alcohol testing will be maintained in
a secure location with controlled access, separate from records pertaining to all other employees. Only the
employee or applicant may access the results of their test(s) if they make a request in writing .
9.5. TESTING POLICIES
A. The City of Wheat Ridge shall pay the cost of any physical examination(s) and tests required by this section,
unless otherwise indicated.
B . Physical examinations and/or specimens required by this section will normally be obtained from an employee,
while the employee is on duty. If an employee is required to submit to examinations or testing other than during
normal duty hours, the employee shall be paid for all time required for the examination and testing.
9 -6
C. The decision to require a urinalysis, blood, breath or Radioimmunoassay of Hair test in the case of suspected
drug and/or alcohol use, will require the approval of the City Manager or designee and the employee's
Department Director or designee prior to any test taking place .
D. All test samples will be collected at a designated facility as arranged through Human Resources. An
appropriate chain of custody will be established and maintained to ensure the accuracy of test result. An
employee may not tamper with, adulterate, alter, substitute, or otherwise obstruct any testing process required
under this policy.
1. Physical examinations and/or tests as described in this policy will be performed by medical personnel
selected by the City of Wheat Ridge .
2. Applicants and/or employees who are required to take the examination(s) as described in this section shall
sign a release and consent form to permit such testing and analysis, and the release of test results to those
individuals involved in the selection and hiring process with a need to know such test results . Refusal or
failure to sign the release and consent form or submit to such testing and analysis, will result:
a. If an applicant-the candidate shall be ineligible and disqualified from City employment opportunity for
six (6) months .
b. If an employee-the employee shall be subject to discipline, up to and including termination from City
employment.
3. With the exception of random testing, an employee will be removed from active duty and be placed on
administrative leave while awaiting the results of the test(s) as described in this policy.
9 .6. TRAINING
All City of Wheat Ridge supervisory employees shall receive training to ensure an understanding of responsibilities
and roles in implementing this policy. Such training shall include behavioral observation techniques for detecting
reduced job performance and impairment or change in employee behavior; techniques for recognizing alcohol,
drugs, drug paraphernalia, indications of use , sale, or possession of alcohol and drugs; and the procedures.
9.7. CORRECTIVE ACTION
All employees, regardless of disciplinary action taken, will be advised of resources available to the employee in
evaluating or resolving problems associated with drug use or alcohol misuse.
A. Any employee found to have possessed, used or been under the influence of illegal drugs or alcohol while on
duty shall be subject to disciplinary action, up to and including termination from City employment. All
employees, regardless of disciplinary action taken , will be advised of resources available to the employee in
evaluating or resolving problems associated with drug use or alcohol misuse.
B. A controlled substance in an individual's system, during working hours, if not medically prescribed , of more than
a trace (trace= less than 0.04% for intoxicating beverages) as evidenced by a drug or alcohol test administered
pursuant to a statutory or regulatory requirement or a previously established written drug or alcohol policy of the
employer and conducted by a medical facility or laboratory licensed to conduct such test, may disqualify the
former employee from eligibility for unemployment compensation benefits.
9 .8 . EMPLOYEE ASSISTANCE PROGRAMNOLUNTARY REFERRAL
A . The City supports employees who volunteer for treatment of alcohol or drug abuse. Employees are
encouraged to seek treatment voluntarily and to utilize the Employee Assistance Program. Any employee who
comes forth and notifies the City of alcohol or drug abuse problems will be given assistance.
B. Such a program may not interfere with the tests required by these rules. For example, a driver may not identify
himself/herself as unfit to drive after having been notified of a random or reasonable suspicion test and expect
to avoid the consequences for a positive test or a refusal to test. In addition, voluntarily seeking assistance
does not excuse any failure to comply with all of the provisions of this policy or other policies of the City.
C . ESL, PTO, or leave of absence without pay may be granted for treatment and rehabilitation as in other
illnesses. Insurance coverage for treatment will be provided to the extent of individual coverage.
Confidentiality of information will be maintained as much as possible at all times.
9-7
City of Wheat Ridge Personnel Policies
SECTION 10: SAFETY POLICY, EQUIPMENT, ACCIDENTS & INJURIES Approved : 03 /26/12
Section(s) Revised: 10 .2 .8 . Effective: 03/26/12
10.1. SAFETY STATEMENT
The City of Wheat Ridge aspires to provide every City employee with safe and healthful working conditions, so far
as reasonably possible.
A. All employees have the duty to comply with the City's safety and health standards that are applicable to their
own actions and conduct, and to notify their supervisor of any safety hazards or safety problems.
B. It is the intent of the City to post safety rules and regulations and promote safety through a regular safety
campaign.
C . It is the responsibility of each employee to assist management to follow the intent of this rule. To this end,
employees are expected to accept their own responsibilities for safe conduct, maintain safe conditions with
orderly housekeeping, report unsafe conditions they cannot correct themselves, use tools and equipment
properly, maintain tools and equipment in good condition and report defects as needed, and apply the safety
practices and procedures in which they have been taught.
D . Employees are required to report all injuries to their supervisors promptly as described in Section 10.7. Failure
to do so may cause loss under the Worker's Compensation Act, and result in disciplinary action up to and
including dismissal.
10.2. REQUIRED DRIVER'S LICENSES
A . It is the City of Wheat Ridge's policy and requirement for employment that every employee position with driving
duties requires a motor vehicle record (MVR) meeting the grading requirements outlined below. This MVR
policy applies both to drivers of company owned vehicles, as well as, employees using personal vehicles in the
course of company business.
B. MVRs, on persons whose position requires a driver's license, will be examined prior to the start of employment
and at least annually thereafter. Said applicant/employee will be required to sign a release form each time a
driving history is requested . For a position with driving duties , any job offers or for continued employment shall
be contingent upon an MVR meeting the required standards as outlined below:
•
•
•
•
•
•
1. All operators must have a valid driver's license for at least three (3) years.
2. In the past three (3) year period, driving records must contain no major violations and no suspensions for
moving violations. All MVRs will be reviewed to complete the three (3) year driving history and the
conviction date will be used to determine if the violation or suspension is in the three (3) year period .
MOTOR VEHICLE GRADING CRITERIA (last 3 years)
Number of MINOR Violations Number of AT-FAULT Accidents
,.--+ 0 1 2 3
0 • Clear Acceptable Borderline Poor
1 Acceptable Acceptable Borderline Poor
2 Acceptable Borderline Poor Poor
3 Borderline Poor Poor Poor
4 Poor Poor Poor Poor
Any MAJOR Violation r ~;. ·'' '·. : : • :Poor ~ .. :
Minor VIolations Major VIolations
Speeding 20 mph or less over posted -• Driving under influence of alcohol/drugs
some states are 15 • Failure to stop/report an accident
Motor vehicle equipment, load or size • Reckless driving (e .g ., exhib ition of speed , etc .)
requirement • Driving while impaired
Improper failure to display license plates • Making a false accident report
Failure to sign or display registration • Homicide, manslaughter or assault arising out of the use of a
Failure to have valid driver's license in vehicle
possession (if valid license exists) • Driving while license is suspended/revoked
Fa il ure to have cu rr ent veh icle insurance • Careless driving
• Attempting to elude a police officer
10-1
3. In reference to the table above, no new driver will be hired with a "borderline" or "poor" MVR as minimum
requirements ; and for continued employment in positions with driving duties, driving records must remain
"acceptable" or "clear," as outlined in the chart.
C. These standards must be maintained to drive on City business . Any exceptions to these guidelines must be
referred to senior management for written approval. The auto insurance carrier will be consulted on any/all
MVRs not meeting the minimum criteria.
D. If moving from another State, a current Colorado license is required within thirty (30) days of hire .
E. Suspension , revocation, denial, or cancellation of license -In such circumstances, it is the responsibility of all
employees, required by the nature of their position to possess a valid motor vehicle operator's license, including
a Commercial Driver's License (C.D.L.), to notify their supervisor and Human Resources immediately upon the
disqualification from driving. The employee must refrain from operating a City vehicle under these
circumstances . Any deviation from this policy may result in discipline up to and including dismissal.
1. Immediately upon notification of the suspension, revocation, cancellation , denial of an employee's license
or other disqualification , the employee shall be prohibited by the supervisor from driving or operating any
City vehicle or equipment that requires the possession of a valid driver's license.
2. The supervisor, Department Director and the Human Resources Manager will examine the alternatives
available for the re-assignment of the employee to an available vacant position not requiring a driver's
license for which the employee is qualified .
a. Should such a vacancy exist for which the employee is qualified, the employee may be offered the
opportunity to transfer to the position at a rate of pay commensurate with the pay range of the other
position classification but not necessarily at the same rate of pay the employee had attained in the
previous position.
b. Except as provided to the contrary by the ADA, if there are no such other vacant positions available , or
if the only available positions require the possession of a valid driver's license, the employee shall be
terminated from employment.
3. If an employee has his/her driver's license privileges restored , and is currently employed by the City, the
employee may be returned to his/her former position if a vacancy exists . If no vacancy exists when the
employee's license is restored, the employee may reapply for the position previously held when the next
available vacancy occurs . However, the employee is required to compete with any other applicants for the
vacant position as described in Section 2 of these Policies and to undergo any testing as required by the
selection procedures and requirements.
10.3. USE OF CITY VEHICLES AND PROPERTY
A . Operation of a City-owned vehicle is restricted to official City business or City-authorized activities and
functions and operation of said vehicle is restricted to City employees .
B. Other City property shall not be used for private purposes without pre-authorization from the Department
Director. No City employee shall use or permit the use of City vehicles for any private purposes unless
specifically authorized , in writing, by the City Manager.
10 .4. USE OF PRIVATE VEHICLES
A. An employee who is authorized by the City Manager, Department Director, or supervisor to operate a private
vehicle on official City business shall be reimbursed for mileage for such usage at a rate prescribed by the
Deputy City Manager.
B. If an employee becomes involved in an accident while operating his/her personal vehicle on City business, the
employee's personal auto insurance coverage is the primary policy.
C . Traffic citations and parking tickets received while operating a vehicle on City business are the responsibility of
the employee .
10-2
1 0.5. VEHICLE EQUIPMENT ACCIDENTS & DAMAGE & EMPLOYEE INJURIES
A. If, while operating a City-owned vehicle or privately-owned vehicle in the performance of official City duties, an
employee is involved in an accident resulting in personal injury or property damage, the employee shall:
1. Notify and report the accident to the appropriate law enforcement officials.
2. Report the accident to his/her immediate supervisor as soon as possible, but no later than the next
calendar day after the accident.
3. Refrain from any discussion of the accident with anyone other than the representatives of the employee's
own insurance company, (if personal vehicle is involved), the law enforcement, his/her supervisor,
Department Director, and the person(s) responsible for the City's risk management.
4. The employee, (or supervisor if employee is unable), shall file a Police Report as soon as is reasonably
possible and not later than twenty-four (24) hours following the accident if it results in a personal injury,
other than self, or damage to a City vehicle, equipment or property. In addition, documentation outlining
the event, date, time, and names and addresses of all involved may be required to be submitted to the
Administrative Services Department. Forms for completion may be obtained from the Department Director.
5. The employee, (or supervisor if employee is unable), shall follow procedures as outlined if a work-related
injury is sustained as a result of an accident.
B. The City reserves the right to impose discipline and/or corrective action upon employees involved in incidents
that result in property damage or personal injury. The City also reserves the right to seek recovery from such
employees, any damages permitted by law relating to such losses.
C. An employee will be required to take a drug and/or alcohol test in cases of death; an injury that warrants
outside medical attention; and/or equipment/vehicle is disabled as a result of an accident, (refer to Section
9.4.D.5.).
10.6. REPORTING OF WORK-RELATED INJURIES AND ILLNESSES
The following procedures shall be followed to report work related injuries and illnesses. Failure to report an injury
or illness as required by these procedures may result in loss of a day's compensation for each day's failure to
report. Further, the employee's failure to report may result in the reduction or loss of worker's compensation
benefits from the provider.
1. Employees are required to report work-related injuries and illnesses to their supervisor as soon as possible
and not later than twenty-four (24) hours after an occurrence or knowledge of an occurrence. If the
employee's condition does not permit this reporting, the supervisor shall be responsible for reporting as
required by this section.
2. Employees who are injured on the job must report to the City-designated medical facility as described in
Section 10.8. of these Policies .
3. Upon reporting an injury, whether medical attention is required or not, the employee and supervisor shall
complete the "Employer's First Report of Injury" form provided by Human Resources. The form must be
reviewed and signed by the employee's supervisor and Department Director.
4. The appropriate copies of the First Report of Injury shall be forwarded to Human Resources within forty-
eight (48) hours of the reported injury or illness. A "Supervisor's Statement" must be submitted with an
evaluation statement from the medical facility, if medical attention was rendered. Medical bills cannot be
paid until receipt of this report.
5. Employees should forward all bills relating to the injury to Human Resources for processing and payment.
10.7. CITY-DESIGNATED MEDICAL FACILITY
A . Employees must receive any necessary medical care for work-related injuries and illnesses from City-
designated health care providers or facilities. Information for specific designated facility should be available at
your work facility. For questions, contact Human Resources .
10-3
B. In life-threatening emergencies or if the designated facility is closed, employees may receive care at the
nearest emergency medical care facility as directed by attending medical personnel.
C. Failure to use the City's designated medical provider, with the exception of 10.8.(B)., may result in a reduction
or loss of City injury leave benefits and/or worker's compensation benefits from the provider.
10 .8. ALTERNATIVE DUTY
A. It is the City's policy to return employees to an active work status as soon as medically possible following an
injury or illness. Human Resources is responsible for coordinating an employee's return to work.
B. Employees who are on injury leave or sick leave are required to maintain contact with their supervisor and
provide medical information as requested by Human Resources so that an evaluation of their fitness for duty
can be made. An employee's failure to maintain contact, provide requested medical information or submit to an
examination by a City-selected physician, if requested , may result in disciplinary action up to and including
dismissal. Exceptions to this policy may be made when an employee is unable to communicate due to the
nature of the injury/illness. For Injury Leave benefits, see Section 5 of these Policies .
C. Human Resources , in conjunction with the Department Director, the employee's and/or the City's physician
shall make a recommendation regarding the employee's fitness to return to regular duty. If the employee is
unable to perform the essential functions of his/her regular position, but is qualified to perform other work, the
Human Resources Manager may recommend alternative duty or make reasonable accommodations.
1. A temporary alternative duty assignment will be made within the employee 's regular department if such
work is available as determined and approved by the Department Director. If such work is not available,
the employee may be assigned work in another department.
2 . A reassignment of duties shall be reviewed and compensation will be established based on a labor market
study of said duties , the employee's experience and longevity, as well as, the circumstances of the
reassignment.
D. Once it is determined that the employee is capable of performing in a temporary alternative duty capacity and
such work is available, the employee shall not be eligible to receive injury or sick leave beyond the date of the
determination.
E. Temporary alternative duty assignments , if available, may last up to ninety (90) calendar days. Prior to or
concurrent with the 90th day of alternative duty, a recommendation will be made by Human Resources after
consultation with the appropriate Department Director(s) and physician(s) regarding the employee's future work
status . Alternatives available to the City may include , but are not limited to :
1. Placing the employee in a disability retirement status ;
2 . Continuing the alternative duty assignment for a specified time ;
3. Returning the employee to his/her regular work assignment with or without reasonable accommodation(s);
4. Transferring the employee to some other position in the City for which he/she is medically and
occupationally qualified; or
5 . Terminating the employee from employment.
10 .9. SAFETY EQUIPMENT
The City will provide safety equipment , as it deems necessary and appropriate , to employees whose positions
require such safety equipment and may make its use mandatory in certain situations . Employees are required to
report to their supervisor, at the earliest opportunity possible , any unsafe working condition that comes to their
attention . Any failure to do so may result in discipline up to and including dismissal.
10-4
City of Wheat Ridge Personnel Policies
SECTION 11 : DISCIPLINARY/CORRECTIVE ACTION & APPEAL Approved: 03 /26 /12
Section(s)Revised : 11 .2, 11.4 , 11 .5.E,11 .6.27,11 .7.0 ,11 .8.A. Effective : 03/26 /12
11 .1. DISCIPLINE OR CORRECTIVE ACTION
The City expects all employees to perform their job duties to the highest professional and business standards at all
times. Whether or not an employee 's performance, conduct or behavior warrants disciplinary or corrective action is
within the judgment and discretion of the City, as is the appropriate type of discipline or corrective in a particular
instance. The City does not intend by this Policy to create any expectation that any employee will be assured of any
particular form of action , such as warning or notice, or progressive discipline, prior to dismissal. The City therefore
reserves the right, in all instances , to review each situation independently and make a decision on what it deems to
be appropriate action in all cases, up to and including discharge. Action taken by management in an individual
case should not be assumed to establish a precedent in other circumstances.
11.2. APPLICATION OF DISCIPLINE/CORRECTIVE ACTION
The Disciplinary/Corrective Action and Appeal Procedure applies to all classified employees and does not include:
the City Manager, Elected Officials , temporary, seasonal, volunteer, Federal/State or specially funded intern
employees, employees in an initial or return to trial service status or as otherwise specified herein .
11 .3. DEFINITIONS
A. Disciplinary Authority -shall be the City Manager or his/her designee, Department Directors, Human
Resources Manager, Division Managers, and Supervisors, within the limits of authority as set forth in 11 .7 .
B. Disciplinary Action -refers to action taken by the disciplinary authority against an employee for cause,
including, but not limited to, reprimand , suspension, demotion, or discharge.
C. Corrective Action -refers to action taken by the disciplinary authority against an employee for cause, including,
but not limited to tra ining , re-training , or return to trial service.
D. Business Day-for the purposes of this Policy, a time period of 8 :00am to 5:00 pm on a day of the week
except Saturday or Sunday or City recognized holiday.
E. Workday-An employee 's scheduled daily hours of employment or agreed upon work schedule.
11 .4 . TYPES OF DISCIPLINE OR CORRECTIVE ACTION
A. Consistent with the type and severity of reasons or grounds for disciplinary and/or corrective action, the
disciplinary authority, to include the City Manager, Department Directors , Division Managers , and Supervisors
may take the following actions or any other appropriate action affecting current pay, status , or terms of
employment:
• Return to Trial Service Period: Generally deemed as a corrective action, if an employee's performance is
failing and he/she is not meeting the expectations of the department, the employee's supervisor, with the
approval of the Department Director, may place the employee, regardless of their status, on a Return to
Trial Service status. During this period , the employee does not accrue time for compensation review or
promotion; is not allowed to compete in promotional examinations or recruitment; and may be denied
movement through the pay plan until improvement is shown. This action places the employee in a review
status, for a period of not less than three (3} months and should not exceed six (6) months duration. The
employee should be , reviewed at least every thirty (30) days . If the supervisor determines further extension
is appropriate , approval must be received by the Department Director and the employee must be informed
of the extended date , as well as, the reasons for the further extended review period . Regardless of the
established time period , only when a trial service employee has been found capable of meeting the
performance expectations of the position are they then released from the trial service status . An employee
placed on Return to Trial Service may be discharged for failure to meet performance requ irements .
• Verbal Reprimand : Initial action may consist of the supervisor verbally warn ing the employee concerning
his/her work performance and counseling the employee on how to improve . A record of this discussion is
made by the supervisor and placed in the departmental employee's personnel record , (not the employee's
Personnel file as mainta ined in Human Resources).
11 -1
• Suspension : A disciplinary authority may suspend an employee from employment, with or without pay.
A disciplinary authority may need to temporarily remove an employee from the work place promptly
because of a possibility of violence , disruption or work, insubordination , damage to property or persons
of if the employee is under the apparent influence of intoxicants or drugs or for any other reason which
requires prompt removal. The employee is placed on leave with pay, referred to as Administrative
Leave as outlined in Section 5 .17. Such action may be imposed by the City Manager, Department
Director, Division Manager or Supervisor.
Exempt employees may be suspended without pay for one (1} or more days in accordance with
applicable law. A suspension without pay shall not exceed sixty (60} workdays .
• Counseling : Consisting of assisting employees in the process of problem solving ; it may be corrective or
preventive in nature . It may focus on the necessity for a person to behave differently in preparation for
responsibilities and challenges that lie ahead . or focus on a disciplinary problem which may be handled in a
positive manner by itself, or with other disciplinary measures. All counseling will be documented in the
employee 's performance record file by the supervisor and initialed by the employee .
• Demotion : A disciplinary demotion results in an employee's change in status to a lower pay step in the
same classification or to a position in a different classification with less responsible duties, lower
qualifications, and a lower maximum rate of pay. No employee is demoted to a classification for which the
employee does not possess the minimum qualifications.
• Reprimand -Written : If a reprimand is in writing , a copy of the reprimand shall become a permanent record
in the employee's personnel file as maintained in Human Resources. The employee shall be provided a
copy of any written repr imand and shall be permitted to make a written response which shall be kept in the
employee's Personnel file as maintained in Human Resources.
• Dismissal/Discharge: A dismissal/discharge is a permanent separation from employment with the City. An
employee who has been discharged from City service is paid his/her compensation accumulated to the
effective separation date, any accumulated compensatory time and accrued PTO leave in accordance with
Section 5.6.8 .5. If an employee receives a dismissal/discharge from employment with the C ity as a
disciplinary action , he/she will not be eligible for rehire.
• Performance Improvement Plan : This type of plan is intended to improve a valued employee 's inadequate
performance requiring corrective action by providing specific performance examples ; clarifying desired
results and expectat ions ; identifying des ired results and how they will be measured ; and establishing target
dates for check in and completion . All material pertaining to a Performance Improvement Plan should be
reviewed by Human Resources prior to initiation . The employee may not appea l this action , however, may
make a written response that will also be kept in their personne l file .
• Training : Remedial training is personali zed train ing to correct a specific deficiency that is usually identified
by testing, evaluat ions , or by acts requiring disciplinary actions . Train ing may be used as part of the
disciplinary system by itself or along with other disciplinary procedures determined by the responsible
supervisor . Required remedial training will be documented in the employee 's performance record file by
the supervisor and initialed by the employee . Training and the employee 's performance in response to
training should be documented in the employee's annual performance evaluation .
• Other: Actions which may be appropriate from time to time may include mandatory training , re-training or
other corrective measures .
B. The City may administer any method of discipline or corrective at any time , with no obligation to take a lesser
disciplinary action before dismissing an employee . A corrective or disciplinary action may occur simultaneously
or separately. There is no express or implied right to receive a corrective action or counseling prior to or in
conjunction with a disciplinary action . Action taken by a disciplinary authority in one (1) case does not
necessarily establish a precedent with respect to any other case .
C. The employee's signature of acknowledgement and receipt shall be obtained upon his/her receipt of any written
disciplinary or corrective action material. If in the event an employee refuses to make said notation , a "refusal
to sign " shall be indicated on the document, dated , and signed by the supervisor.
11 -2
11.5. NON-APPEALABLE ACTIONS
Certa in events may take place or certain employment status may be in effect, whereby an action of demotion
and/or termination is not deemed as a discipl inary action and therefore the employee is not entitled to any
disciplinary action procedure and any appeal rights under Section 11 .8 and 11.9:
A . Demotions or terminations necessary because of elimination of any posit ion or reduction in staff.
B. Employees who no longer can perform the essential functions of their jobs due to illness, physical or mental
disability or condition , with or without reasonable accommodations or within the requirements of the ir normal
working hours will be cons idered for transitional status including termination of employment. This action is not
considered discipl inary in nature and therefore is not a disciplinary action. The City shall comply with the ADA
and Family and Medical leave Act.
C . If there is a performance issue and an employee requests a voluntary demotion, with the approval of his/her
supervisor, the demotion does not require the disciplinary action process or reduction in force process. A
disciplinary authority, upon consultation with the Human Resources Manager, may voluntarily demote an
employee if a position is available and the person meets the essential qualifications of the position.
D. Employment during an initial or return to "Trial Service Period", or employment as a temporary or emergency
employee.
e. PerferFflaRse Appraisal(s) CeRteRts ef a perferFflaRse eval~atieR iRvelves ElissretieRary applisatieR ef sriteria
te aR iREiiviEI~al 's jee perfarFflaRse , EleeFfleEI a legitiFflate fuRstieR ami preregative ef s~pervisery perseRRel.
F. A Performance Improvement Plan involves discretionary application of criteria to a subordinate 's job
performance , deemed a legitimate function and prerogative of supervisory personnel.
11 .6 . REASONS OR GROUNDS FOR DISCIPLINARY AND/OR CORRECTIVE ACTION
A. Cause for initiating a disciplinary and/or corrective action shall include but is not limited to :
1. Unsatisfactory work performance , including a failure to demonstrate a reasonable competence or failure to
perform the duties of the position in a satisfactory manner;
2 . Violation of any of the provisions of these Personnel Policies , procedures, ordinances, administrative
regulations or any departmental guidelines ;
3. Any conduct outside the work place which interferes with the employee's ability to properly perform his/her
duties or wh ich substantially prejudices the conduct of the City's business , including conflicts of interest;
4. Violation of work hours or attendance policies of the department, including job abandonment, (job
abandonment results when an employee does not show up for work and/or does not provide reasonable
communication before his/her scheduled work shift);
5 . Failure to maintain specified departmental or other physical fitness levels;
6 . Entry of a plea of guilty or nolocontendere or entry into a deferred judgment and sentence or conviction for
a felony, a crime of moral turpitude, or any other crime which involves the abuse of public office ; or
consistent w ith the terms of Section 24-34-402 .5, C.R.S.;
7 . Any employment, activity, or enterprise which involves the use for private gain of the City's time , facilities ,
equipment, supplies , prestige, influence , badge , uniform , or privileged or confidential information , (See
Section 4.4 for prior approval stipulation);
8 . Falsification or material om ission in the application process for employment, or falsification or material
omission of any City-related record ;
9 . Use of undue influence to gain , or attempt to gain , promotion, leave, favorable assignment or other
ind ividual benefit or advantage;
10. Discourteous behavior or treatment of others that violates C ity or departmental conduct standards ;
11. Insubordination, includ ing , but not limited to , failure to follow instructions given by a supervisor;
11 -3
12. Failure to notify the supervisor of traffic violations or change(s) in driver's license status when it is required
as an essential function of the employee's job;
13. Refusal to work overtime, or to work a designated shift or schedule , or to answer pagers or cell phones , or
to maintain efficient operation of pagers or cell phones ;
14. Performance of an act in other than one 's capacity as a City employee which may later be subject, directly
or indirectly, to control , inspection, review or audit by such employee or by the City;
15. Receipt or acceptance of gifts or gratuity from anyone other than the City for performance of an act or
function which employees would be required or expected to render in the regular course of City
employment , or as part of their duties as City employees;
16. Use or give permission to any other person to use any equipment, vehicle , materials or other asset owned
by the City, and/or services provided to or by the City for the conduct of the City's business , for personal
purposes of the employee or another person or for the conduct of any activity intended to generate income,
make a profit, or for bartering purposes , except as pre-authorized;
17. Any theft, willful or negligent damage, waste , or unauthorized or improper use of property or assets
belonging to the City or to an employee of the City or any other person ;
18. Possession of, or the use of, or being under the influence of alcohol or any illegal or illegally consumed
drugs when reporting for duty or while on duty;
19. Any unauthorized or improper use of City services , software , internet or equipment by the employee ;
20 . Knowingly filing retaliatory or false accusations or claims against the City or an employee of the City;
21 . Failure or refusal to cooperate in any investigation conducted by the City;
22 . Any action or condition that poses a direct threat to City or other's property or to the health or safety of
others ;
23 . Conduct wh ich violates any federal law, state law, or City Pol icy pertain ing to employment , including
harassment and/or discrimination of any kind ;
24 . Any conduct demonstrat ing dishonesty in the work place ;
25 . Physical or verbal altercations and related misconduct in the work place , and/or during work time;
26 . Conduct which would prejudice the City's or public 's interest or any other unsatisfactory performance or
unacceptable conduct wh ich , in the opinion of management , warrants discipl ine or corrective action
because it affects the employee 's performance or the effect ive functioning of other employees , or
undermines public trust in the integrity of the City;
27 . Conduct in a manner which is an unfavorable reflection of the City and which demonstrates lack of tact
and /or poor judgment.
B. An employee shall not be disciplined more than once for a single specific act or violation, but he may be
disciplined for each additional act or violation of the same or similar nature .
11 .7. AUTHORITY TO TAKE DISCIPLINARY AND/OR CORRECTIVE ACTION
The City Manager or designee, Department Directors , Division Managers, and Supervisors may take disciplinary
and/or corrective action aga inst an employee under their control for one or more of the reasons or grounds for
discipl ine and/or corrective act ion specified above in Section 11 .6 , or for such other causes as may be deemed
necessary in the g iven situation .
A. Human Resources Manager shall have the authority to make recommendations of any type of disciplinary
and/or corrective act ion to the Department Director in cases of d iscriminat ion , harassment, and/or workplace
violence claims .
11-4
B. Supervisors shall have the authority to counsel, give an official reprimand to an employee under their
supervision, and relieve an employee of his/her duties in an emergency situation , pending further action by a
higher level of authority. Certain superv isors, upon approval by their Department Director, may suspend , with
or without pay, for one (1) day. A supervisor may recommend remedial train ing , a Performance Improvement
Plan, a Return to Trial Service, suspension, demotion, or discharge against an employee under their
supervision to their next chain of command.
C. Division Managers shall have the authority to in itiate a Performance Improvement Plan and remedial tra ining ,
counsel , reprimand and suspend , with or without pay, for up to two (2) working days . A Division Manager may
recommend a Return to Trial Service, suspension of more than two (2) days, demotion , or discharge to his/her
Department Director.
D. Department Directors shall have the authority to counsel , reprimand , discharge, demote, suspend with or
without pay, initiate a Performance Improvement Plan and remedial training , co unsel , and place an employee
on a Return to Trial Service period . All disciplinary and/or corrective actions may be altered at the discretion of
the Department Director and/or designee.
11 .8 . DISCIPLINARY OR CORRECTIVE ACTION PROCEDURE
A . Performance Improvement Plan - A disciplinary authority may develop a Performance Improvement Plan in an
effort to improve employee 's inadequate perform ance by providing specific performance examples ; clarifying
desired results and expectat ions ; identifying desired results and how they will be measured ; and establish ing
target dates for check in and completion. This type of action requires the approval of the Department Director
and may or may not co incide with disciplinary or other correct ive measures . The employee may not appeal th is
action , however, may make a wr itten response that will also be kept in their personnel file .
B. Return to Trial Service - A disciplinary authority may, after receiving the approval of the Department Director,
place the employee on a Return to Trial Service status . The disciplinary authority shall meet with the employee
to discuss the reasons for this action ; areas of concern and unacceptable performance levels ; and , provide
them with an outline of expected behavior/performance , performance standards, training and/or re-training
plan , established timelines to review progress, and whatever deadlines the employee must meet. At the end of
the initial deadline, if the supervisor determines further extension is appropriate, approval must be received by
the Department Director and the employee must be informed of the extended date , as well as , the reasons for
the further extended rev iew period. All material pertaining to a Return to Trial Service action will be forwarded
to Human Resources to be placed in the employee 's personnel file; and the employee for their reference and/or
response . The employee may not appeal this action, however, may make a written response that will also be
kept in their personnel file.
C. Reprimand-A disciplinary authority may reprimand an employee orally or in writing . Oral reprimands should
be appropriately documented . For written reprimands, a copy of the reprimand shall become a permanent
record in the employee's Personnel file. The employee shall be provided a copy of any written reprimand and
shall be permitted to make a written response which shall also be kept in the employee's personnel file .
D. Suspensions for two (2) work davs or less for disciplinary reasons , (not to include temporary or immediate
suspens ion) -Prior to imposing the suspension, the disciplinary authority shall meet with the employee to
discuss the matter and any proposed action . If the discussion to suspend is made by a disciplinary authority
other than the Department Director , the employee may request a review of the action by the Department
Director. The decision of the Department Director shall be final.
E. Suspens ion. Demotion and Discharge -For disciplinary action other than a reprimand or suspension of two (2)
days or less , the following procedures shall be employed:
1. Upon learning of an allegation of misconduct, an investigation will be initiated no later than the next
business day after receipt of the notification to determine if the allegation is substantiated and if disciplinary
action is warranted. Recommendation for disciplinary action will be made within seven (7) days of the
completion and review of the investigation supporting the allegation of misconduct . This written notification,
titled Recommendation of Disciplinary Action, shall include a statement of the reasons for action and
may include a recommended action and shall be submitted up through the line of authority to the
appropriate Department Director. If the Department Director is the initiator, th is step will not be necessary
and 11 .8.C .2. will apply . Recommendations for disciplinary action shall not be made a part of the
employee 's Personne l file as maintained in Human Resources.
11-5
2. Within seven (7) business days of receipt of the recommendation, the Department Director shall conduct
whatever review he/she considers necessary and appropriate. In the event he/she determines that
disciplinary action may be appropriate, or if the Department Director is the initial disciplinary authority, the
Department Director shall notify the employee in writing that he/she is considering disciplinary action and
state the reasons therefore. This written notification, titled Notice of Consideration of Disciplinary
Action, shall advise the employee of a time and place to meet with the Department Director to respond to
the written notification and inform the employee that he/she may submit a written response.
3. Within seven (7) business days of the employee's receipt of the written notification, the Department
Director shall meet with the employee and review any written response submitted by the employee, and
shall give consideration to the oral and/or written responses . The employee is not entitled to any
representation, including legal counsel, at this meeting. At the Department Director's discretion,
Supervisors will be present. Thereafter, and within seven (7) business days, the Department Director shall
determine what disciplinary action, if any, shall be taken.
In the event disciplinary action is taken , the Department Director shall issue a memo titled, Notice of
Discharge or Demotion or Suspension of More Than Two Days, including a statement of reasons
therefore and the effective date of the action . If a temporary and immediate suspension was previously
imposed, the Department Director may convert it to a suspension without pay for non-exempt employees
as part or all of the disciplinary action. If the disciplinary action is discharge, demotion or suspension of
more than two (2) days, the notice of disciplinary action shall advise the employee of his/her appeal rights.
The disciplinary action shall be effective as stated in the notice of disciplinary action without regard to any
subsequent appeal.
F. Time Limits -Should the administration herein defined as supervisory and management personnel need
additional time to complete the review in order to determine disciplinary action, the Department Director shall
submit to the City Manager a written request for an extension of time.
11.9. APPEALS
A. Employees, except those identified below, have the right to appeal disciplinary actions that include discharge,
demotion, or suspension for more than two (2) working days .
Exceptions:
• Employees identified in Section 11 .2;
• When the City Manager serves in the capacity of the employee's Department Director.
B. An appeal may only be initiated by filing written notification to the City Manager within seven (7) business days
after their receipt of the written notice of a disciplinary action. The appeal must specifically state the facts upon
which the appeal is based .
C. The City Manager shall meet with the appellant, within seven (7) business days after receipt of the appellant's
request, and permit the appellant to state his/her reasons for any modification of the disciplinary action.
1. The meeting with the appellant can be limited in time by the City Manager. The appellant may bring
whatever matters to the City Manager's attention that are relevant, including any discipline imposed upon
others; his/her own work and discipline record; any mitigating circumstances, including any physical or
emotional illness of appellant; and any other matters.
2. The appellant shall not be entitled to bring any witnesses to the meeting, except as may be specifically
permitted by the City Manager upon prior request. The appellant may appear with his/her legal counsel at
his/her expense and the City may be represented by any person of choice . There shall be no transcript of
the meeting nor is it necessary to retain any submittals.
3. Subsequent to the meeting, the City Manager shall inform the appellant, in writing within seven (7)
business days, unless good cause exists for additional time, stating whatever determination has been
made regarding modification of the disciplinary action . The City Manager shall order whatever action is
necessary, if any, to implement his/her decision and shall notify the appellant, the Department Director and
the Human Resources Manager accordingly.
D. For the City's internal appeal process , the City Manager's decision is final.
11-6
11 .1 0 . TIME LIMITS
A Should an employee not meet the deadlines established for each step of the appeal process and follow the
prescribed procedure , the appeal shall revert to the highest level at which an official decision was given and
he/she shall lose his/her right to further appeal in the matter.
B. Should the administration herein defined as supervisory and management personnel in the appeal process , not
act according to the procedures outlined , the appeal is carried automatically to the next highest authority
immediately after the prescribed time limit passes .
C. Time limits may be waived and/or extended only by mutual written agreement of the parties involved .
11-7
SECTION 13: PROBLEM SOLVING PROCEDURE
Section(s) Revised: 13.1., 13.2.8., 13.3 , 13 .5 .
13.1. PURPOSE
City of Wheat Ridge Personnel Policies
Approved : 03/26/12
Effective: 03/26/1 2
The City of Wheat Ridge is interested in the establishment of good employee relations practices and the promotion
of sound personnel management. Circumstances may arise, apart from disciplinary actions, which cause
employee dissatisfaction . Therefore, the following problem solving procedures are established whereby employees
are entitled to present their complaints without fear of reprisal. All regular full-time and regular part-time employees
may utilize these procedures. For Police Department employees , a separate procedure may have been developed
to comply with accreditation standards , (see departmental Policy Directive Manual).
13.2. OPEN-DOOR GUIDELINE
A. The City stresses an open-door atmosphere and encourages employees to discuss issues with their
supervisor. However, whenever an employee believes that an aspect of his/her work environment has
developed which adversely affect his/her working conditions, other than those outlined in 13.2 .B ., the employee
has a right to file a written complaint. Any complaint shall be processed in the manner as described in 13.3.
B. Items that may not be grieved under this policy include:
)1-General City policy or procedure;
)1-Disciplinary Action;
~ CeRteRts ef a PerfeFFf!aRse Review;
)1-Establishment of classification and pay;
)1-Establishment of fringe benefits .
13.3 . PROBLEM SOLVING PROCEDURE
A. Within seven (7) business days of the matter causing the dissatisfaction, an employee must present the
appropriate supervisor with a memorandum describing his/her concern/complaint, stating the facts and the
desired action. Upon receipt, the supervisor shall immediately notify their Department Director and the Human
Resources Manager.
B . If the matter is not resolved within seven (7) business days, the supervisor must respond to the employee, in
writing, explaining the position taken by the supervisor. The supervisor shall provide a copy of his/her
explanation to their Department Director and the Human Resources Manager.
C . If the employee is dissatisfied with the supervisor's explanation, the employee, within seven (7) business days
of receipt of the supervisor's written response, may appeal the decision to the next level of command,
continu ing with the same time limits at each level until the appeal, if applicable , reaches the Department
Director. The appeal must be in writing and indicate the employee's reasons for differing w ith his/her
supervisor's decision.
D . The Department Director will meet with the employee and the employee's supervisor to discuss the complaint.
If the complaint is not settled through discussion, the Department Director's written reply must be made within
seven (7) business days of receipt of the employee's grievance. The decision of the Department Director is
final. The Department Director will notify the Human Resources Manager concerning the action taken.
E. This problem solving procedure is an internal process and does not involve or allow any outside representation,
including attorneys.
13.4. TIME LIMITS
With the exception of the requirement that a complaint shall be filed within seven (7) work days of the matter
advising the dissatisfaction , the failure to meet any of the time limits contained in the Problem -Solving Procedures
in Section 13.3 . shall not invalidate the process or any action taken .
13-1
13.5 . APPEAL FOR COMPLAINTS OF DISCRIMINATION OUII! TO AGII!, RACII!, COLOR, RII!LIGION,
CRiii!O, GII!NO&R, NATIONAl ORIGIN, OR OI&A81LITY
Discrimination complaints received shall be forwarded to the Human Resources Manager for investigation. Any
employee who believes that he or she has been discriminated against or harassed on the basis of race, color,
religion, national origin, gender, age , disability, marital status, creed , ancestry, sexual orientation, medical
condition, political ideology, persona l and /or family genet1c informat1on , or any other protected status in violation of
state of federal law, or as a result of exercising his or her rights under state or federal constitutional, statutory or
common law, is encouraged to report to the Human Resources Manager who serves as the EEO/ADA Officer for
the City.
Complaints will receive immediate attention and the situation will be investigated. However, due to the extensive
investigative procedures , the time constraints as outlined in the aforementioned will not necessarily apply. To the
extent possible, any investigation will be handled in confidence, however, the City cannot promise anonymity to
person or persons involved . The City will not tolerate retaliation against any individual who brings forth a
discrimination complaint.
13-2
City of Wheat Ridge Personnel Policies
SECTION 15: ANTI-HARASSMENT AND WORKPLACE VIOLENCE Approved: 03/26/12
Section(s) Revised: 15 .1.A. Effective : 03/26/1 2
15.1 . PROHIBITING HARASSMENT
A. Purpose
It is the aspiration of this City to provide a working environment free from harassment of its employees based
on race, color, religion, national origin, gender, age, disability, marital status, creed, ancestry, sexual
orientation, medical condition, political ideology, personal and /or family genetic information, or any other
protected status in compliance with the applicable law. All employees are expected to avoid any behavior or
conduct toward any other employee that constitutes harassment. Harassment is extremely serious misconduct
and may result in discipline, up to and including dismissal. Harassment may also subject the harasser to
personal, legal and financial liability. Harassment of employees by non-employees is also prohibited.
B. Defined
1. Harassment -May take many forms . It includes slurs, comments , jokes, innuendoes, unwelcome
compliments and advances, cartoons, pranks, and/or other verbal or physical contact that does any of the
following:
a . Has the purpose or effect (intended or unintended) of creating an intimidating, hostile, or offensive
working environment;
b. Has the purpose or effect of unreasonably interfering with an employee's work performance; or
c . Other wise adversely affects an employee's employment opportunities .
2. Sexual Harassment -Occurs when the verbal and physical conduct described above are sexual in nature
or directed at a person because of his or her gender. Sexual harassment exists in the workplace in the
following situations, although it is not limited to these situations:
a . When submission to the conduct is, either explicitly or implicitly, a term or condition of employment;
b. When submission to, or rejection of, the conduct is used as a basis of an employment decision
affecting an employee;
c. When the conduct unreasonably interferes with an employee's job performance;
d. When the conduct creates a work environment that is intimidating, hostile, or offensive.
C. Reporting Procedure
1 . An employee who feels they or other employees have been subjected to harassment of any kind, are
encouraged to immediately identify the offensive behavior to the harasser and request that it stop . This
includes actions by other City staff members, members of the public, customers, suppliers, or other
persons encountered at work.
2. If the employee is uncomfortable in addressing, the matter directly with the harasser, or if the harasser is
confronted and does not stop the behavior, then the matter should immediately be reported to a staff
member of the Human Resources Office, his/her Department Director, or the Deputy City Manager,
regardless of the time of the occurrence. The matter should be reported regardless of whether or not the
harasser has been confronted .
3. All alleged incident of harassment must be referred to Human Resources for investigation. This notification
should be no later than the first regular business day following the complaint. If any staff member of the
Human Resources Office is the subject of the complaint, the matter should be referred to the City Manager
for investigation.
D. Investigation Process -All complaints are promptly investigated. Investigations include interviews with the
individuals involved and any witnesses who are available . To the extent possible, any investigation will be
handled in confidence . However, the City cannot promise anonymity to persons who report harassment.
15-1
E. Retaliation -The City will not tolerate retaliation against any individual who brings a harassment complaint in
good faith. An employee who believes he/she has been retaliated against shall advise Human Resources.
Human Resources shall take appropriate action to investigate and address complaints of retaliation.
F. Corrective Action -The City will take appropriate corrective action, including disciplinary measures when
justified, to remedy all violations of this policy. Disciplinary measures may include dismissal from City service.
G. Employees have the right to file charges concerning certain forms of harassment, including sexual and racial
harassment, with the Equal Employment Opportunity Commission, (federal agency). Fair Employment
Practices Agency, (state or local agency) and the Colorado Civil Rights Division, (state agency).
15.2. WORKPLACE VIOLENCE
A. Purpose
Because all employees have the right to work in a pleasant and non-intimidating environment, the City of
Wheat Ridge prohibits workplace intimidation, threats, or violent acts . This includes, but is not limited to:
• Intimidating, threatening or hostile behaviors;
• Physical/verbal abuse;
• Vandalism, arson;
• Sabotage;
• Use of weapons ;
• Carrying weapons onto our premises (this policy excludes law enforcement officials authorized to carry
weapons);
• Offensive comments regarding violent events and/or behavior; or,
• Any other act , which in management's opinion is inappropriate to the workplace.
B. Reporting Procedure -Any behavior listed above should be immediately reported to Human Resources .
C. Investigation Process
1. Complaints will receive immediate attention, and the situation will be investigated. Based on the results of
the inquiry, action will be taken which management believes is appropriate . Employees should directly
contact law enforcement personnel if they believe there is an imminent threat to the safety and health of
employees or property.
2 . If there is a reasonable suspicion that an employee has engaged in conduct listed in this Policy,
management reserves the right to conduct, without notice, searches and inspections of employees,
employees ' personal belongings or employer-provided materials/equipment.
15-2
~ ,j ~
...... ~ City of •
JP'"WheatRi_dge
ITEM NO:~
DATE: March 26,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE PURCHASE OF PLANTERS
AND TEMPORARY PEDESTRIAN PLATFORMS FOR THE
38th AVENUE LANE CONFIGURATION PROJECT FROM
BISON INNOVATIVE PRODUCTS IN AN AMOUNT NOT TO
EXCEED $91,804
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
~~YES
Public Works Director
ISSUE:
The City staff is preparing the 38th Avenue lane configuration project for construction,
im£lementing the 38th Avenue Corridor Plan adopted by the City Council in October, 2011. The
38t Avenue lane configuration project consists of roadway striping and temporary amenity zone
installations, and will be procured using three separate contracts. Contracts for the street striping
and installation of planters and temporary pedestrian platforms are currently in the bidding
process and are scheduled this spring. The planters and temporary pedestrian platforms will be
purchased under separate contract to accommodate an early completion of the 38 1h A venue
project.
PRIOR ACTION:
This proposed 38 1h Avenue lane configuration project was discussed at the March 5, 2012 City
Council Study Session. The City Council provided a consensus to approve a single-source
purchase of the planters and temporary pedestrian platforms from Bison Innovative Products.
FINANCIAL IMPACT:
Funding for the purchase of the planters and platforms has been approved in the Revitalization
Projects line item of the 2012 Capital Investment Program budget in the amount of$250,000.
This budgeted amount also includes the restriping and amenity zone installations.
Council Action Form
March 26 ,201 2
Page 2 ·
BACKGROUND:
Staff researched options for the manufacturing and construction of the temporary amenity zones
early in the project design process. Bison Innovative Products is a company based in Denver
which has constructed "pop-up cafes " in cities in California and New York. City officials and
designers in those communities are pleased with the Bison products and found that their modular
system of 2 ' x 2' wood panels , placed on pedestals, worked well for constructing wooden
platforms in their streets. Bison also offers a variety of two-foot planter modules that can be
used on the platforms . The unique modular system is particularly applicable to the 38th Avenue
project because it allows for great flexibility, providing easy modification or removal . The Bison
products are attractive and made of durable materials -Ipe wood and aluminum -that will hold
up well year-round.
Staff presented the Bison products and alternative products at the City Council Study Session on
March 5th. Another modular system offered by a San Francisco company, Rebar, who also has
experience building pop-up cafes , was discussed. This product is more expensive than Bison. A
"stick-build" option was also presented . While a "stick built" option is more affordable than
Bison, it does not offer the flexibility of a modular system.
On March, 12 , 2012 , a quote was received from Bison in the total amount of$79,829 .20. The
quote has been evaluated by staff, who is satisfied with all product specifications and
requirements. A 15 % contingency amount of$11 ,975 is requested for the cost ofunexpected
changes related to the project.
RECOMMENDATIONS:
Based upon the product evaluation and price quote , staff recommends the purchase be awarded
to Bison Innovative Products, Denver, CO .
RECOMMENDED MOTION:
"I move to approve the purchase of the planters and temporary pedestrian platforms from Bison
Innovative Products, Denver, Colorado , in the amount of$79,829 .20.
I further move that the Director of Public Works be authorized to issue change orders up to a
total contract and contingency amount of $91 ,804 .
I further move that all costs associated with this purchase be paid from account number 30-303-
800-892 .
Or,
"I move to postpone indefinitely the approval of the purchase of the planters and temporary
pedestrian platforms for the following reason(s): _________________ "
Council Action Form
March 26 , 2012
Page 3
REPORT PREPARED/REVIEWED BY:
Report Initiated by: Steve Nguyen , Engineering Manager
Report Prepared by: Tim Paranto , Director of Public Works
Reviewed by: Jennifer Nellis , Purchasing Agent
ATTACHMENTS:
1. Bison Price Quotes (5)
2. Amenity Pre-Order spreadsheet
-BISON
(-..
BISON INNOVATIVE PRODUCTS
CUSTOM QUOTE
3/19/2012
QUOTE NUMBER: QU0-01971-Y4B4Y8
REVISION ID: 1
Sarah Showalter
City of Wheat Ridge
7 500 W 29th A venue
Wheatridge. CO 80033
sshowalter@ci. wheatridge.co.us
Prepared By: Matt McClaugherty
Confidential Quotation Specifically Prepared for:
City of Wheat Ridge
Sarah Showalter
Project: 38th Ave-(Access Enhancement) Wheat Ridge Pop-up Parks Job No: 531
This quotation is provided based on drawings and/or information provided by others. As such, Bison Innovative
Products does not assume any liability or responsibility for any claims arising from or related to the quantities or
models of pedestals and accessories shown . The Contractor is responsible for verifying that the design is appropriate
and that the dimensions for the project are accurate.
Model # -Description Qty Unit Price Ext Price
-Cube 24"x24"x36" 21 650 .00 13.650.00
V3 -316-VERSADJUST 3 3/4"-5 3/4" w/ 3/16" TABS 42 10 .67 448.14
HD25-316-1 /4" FIXED HEIGHT PEDESTAL w/3/16" TABS 42 2.27 95.34
-Cable Rail attachment 28 100.00 2.800.00
$16,993.48
Subtotal: $16 ,993.48
Freight Charges: To Denver CO 80214 $900.00
--
TOTAL: $17 ,893.48
Attachment 1
Sales under this quotation are sub!ect to the following conditions :
Quotation is good for a period of ten (10) days from the dote above unless specifically noted elsewhere in the
quotation and is based on a single delivery of the quantities and models quoted.
Authorization of Order
Full payment is required at the time of order. Please note that once the order and color o re approved, the order
cannot be modified. All Custom Orders must be prepaid and are non-returnable and non-refundable.
Return Authorization Polley
Custom Orders are non-returnable and non-refundable.
Payment Terms :
Payment due with order. Prices are F.O .B. Warehouse unless otherwise specified .
Lead Time :
Please allow 4-6 weeks after payment has been received for receipt of custom products.
Custom Size Wood Tiles
Bison can create virtually any size wood tile to meet your design needs . Please indicate the wood species . size (L x W
x H) of the tiles you need and we will prepare a quotation. If tiles are to be installed on Bison Deck Supports. p lease
take into consideration the adequacy of the structure to support the weights involved for the intended use and
verify that the custom products will integrate with the overall deck system .
Custom Size Cubes
Bison can create virtually any size Custom Cubes to meet your design needs. Please indicate the material size (L x W
x H) and color of the cubes you need and we will prepare a quotation. If Cubes are to be installed on Bison Deck
Supports, please take into consideration the adequacy of the structure to support the weights involved for the
intended use and verify that the custom products will integrate with the overall deck system .
Custom Color Options
A wide choice of colors is available at http://www.ralcolor.com . Please visit the RALCOLOR website to view their
offerings . If one of these colors is acceptable, please indicate the number on the form below and we will send you
an actual color chip or selection of chips for your approval. Please a llow 3-5 weeks for deliver OR Subm it a 2"x 2"
(minimum) sample of the color to be matched and indicate the finish you want on the form below. We will then find
the closest possible color and finish to match. A small custom color matched sample will be returned to you for your
final approval. Please allow 3-5 weeks for delivery.
Authorization : I have selected the material. sizes (and color(s)where appropriate) indicated above. I understand
that Bison Innovative Products will make every effort to provide a finished product that matches the sample that was
provided. However. I also understand that the sample I have selected represents the color and character of the
product but is not from the same batch as the finished product that I will be receiving . Because of this , I understand
that possible variation that can occur and I am willing to accept variation within reason . I approve the custom
color and/or custom sizes and authorize you to pla ce this ord er.
Na me: ________ Signed: _________ Position : _____ Date: ____ _
Prepared By : Matt McClaugherty E: matt@bisonip .com
Bison Innovative Products . A United Construction Products Company (c)2011
1975 West 13th Avenue Denver, CO 80204 T 303-892-0400 TF 800 -333-4234 F 303-825-5988 www.BisoniP .com
BISON
f "-..
BISON INNOVATIVE PRODUCTS
CUSTOM QUOTE
3/19/2012
QUOTE NUMBER : QU0-02097-N4Z2B9
REVISION ID : 1
Sarah Showalter
City of Wheat Ridge
7500 W 29th Avenue
Wheatridge, CO 80033
sshowalter@ci.wheatridge .co.us
Prepared By: Matt McClaugherty
Confidential Quotation Specifically Prepared for:
City of Wheat Ridge
Sarah Showa lter
Project: 38th Ave-(Pianter Pods) Wheat Ridge Pop-up Parks Job No: 531
Th is quotation is provided based on drawings and/or information provided by others . As such, Bison Innovative
Products does not assume any liability or responsibility for any claims arising from or related to the quantities or
models of pedestals and accessories shown . The Contractor is responsible for veritying that the design is appropriate
and that the dimensions for the project ore accurate.
Model # -Description
CUBE-PC242420-CUSTOM COLOR ALUMINUM CUBE
24 "x24 "x20 "
CUBE-IPE242417-IPE CUBE 24 "x24 "x17 "
V1-18-VERSADJUST 2 1 /4"-2 3/4" w/ 1 /8" TABS
L0-18-LOW HEIGHT PEDESTAL w/ 1 /8" TABS
Qty
24
24
72
24
Unit Price
450.00
400 .00
10 .67
9 .29
Ext Price
10 ,800.00
9,600.00
768 .24
222 .96
$21,391.20
.--
Subtotal:
r--
Freight Charges:
--------------------------------------------~-----------$-21.391.20 1
$9 00001
------------------------------------------------~------------------TOTAL : $22 ,29 1 .20 l
Sales under this quotation are sublect to the following conditions:
Quotation is good for a period of ten (1 0) days from the date above unless specifically noted elsewhere in the
quotation and is based on a single delivery of the quantities and models quoted .
Authorization of Order
Full payment is required at the time of order. Please note that once the order and color are approved, the order
cannot be modified. All Custom Orders must be prepaid and are non-returnable and non-refundable.
Return Authorization Policy
Custom Orders are non-returnable and non-refundable .
Payment Terms :
Payment due with order. Prices are F.O .B. Warehouse unless otherwise specified.
Lead Time:
Please allow 4-6 weeks after payment has been received for receipt of custom products.
Custom Size Wood Tiles
Bison can create virtually any size wood tile to meet your design needs. Please indicate the wood species , size (L x W
x H) of the tiles you need and we will prepare a quotation . If tiles are to be installed on Bison Deck Supports . please
take into consideration the adequacy of the structure to support the weights involved for the intended use and
verify that the custom products will integrate with the overall deck system .
Custom Size Cubes
Bison can create virtually any size Custom Cubes to meet your design needs. Please indicate the material size (L x W
x H) and color of the cubes you need and we will prepare a quotation . If Cubes are to be installed on Bison Deck
Supports . please take into consideration the adequacy of the structure to support the weights involved for the
intended use and verify that the custom products will integrate with the overall deck system .
Custom Color Options
A wide choice of colors is available at http:/ /www.ralcolor.com. Please visit the RALCOLOR website to view their
offerings. If one of these colors is acceptable. please indicate the number on the form below and we will send you
an actual color chip or selection of chips for your approval. Please allow 3-5 weeks for deliver OR Submit a 2"x 2"
(minimum) sample of the color to be matched and indicate the finish you want on the form below. We will then find
the closest possible color and finish to match . A small custom color matched sample will be returned to you for your
final approval. Please allow 3-5 weeks for delivery.
Authorization : I have selected the material. sizes (and color(s)where appropriate) indicated above . I understand
that Bison Innovative Products will make every effort to provide a finished product that matches the sample that was
provided. However. I also understand that the sample I hove selected represents the color and character of the
product but is not from the some botch as the finished product that I will be receiving . Because of this, I understand
that poss ible variation that con occur and I am willing to accept variation w ithin reason. I approve the custom
color and/or custom sizes and authorize you to place this order.
Nome : ________ Signed : _________ Position : _____ Date: ____ _
Prepared By: Matt McClaugherty E: mott@bisonip.com
Bison Innovative Products, A United Construction Products Company (c)2011
1975 West 13th Avenue Denver. CO 80204 T 303-892-0400 TF 800 -333-4234 F 303-825-5988 www.BisoniP.com
/'
BISON (--
BISON INNOVATIVE PRODUCTS
CUSTOM QUOTE
3/12/2012
QUOTE NUMBER: QU0-0 1944-BOH3K6
REVISION ID: 2
Sarah Showalter
City of Wheat Ridge
7 500 W 29th A venue
Wheatridge, CO 80033
sshowalter@ci.wheatridge.co.us
Prepared By: Matt McClaugherty
Confidential Quotation Specifically Prepared for:
City of Wheat Ridge
Sarah Showalter
Project: 38th Ave-(Cebiche)Wheat Ridge Pop-up Parks Job No: 531
This quotation is provided based on drawings and/or information provided by others. As such, Bison Innovative
Products does not assume any liability or responsibility for any claims arising from or related to the quantities or
models of pedestals and accessories shown. The Contractor is responsible for verifying that the design is appropriate
and that the dimensions for the project are accurate.
Model # -Description Qty Unit Price Ext Price
V4-316-VERSADJUST 5 3/4"-9 3/4"w/ 3/16" TABS 55 12.14 667.70
WTIPE24RIBBED -WOOD TILE -IPE 24 x 24 RIBBED 37 41 .54 1,536.98
BB-S -SHORT BRACE KIT 22 2.92 64.24
CUBE-IPE242417 -IPE CUBE 24"x24"x17" 2 400.00 800.00
CUBE-TOP -IPE2424-IPE CUBE TOP 24"x24" 2 130.00 260.00
CUBE-PC242436-POWDER COATED ALUMINUM CUBE 2 650.00 1,300.00
24"x24"x36"
-CUBE IPE242436 2 800.00 1,600.00
-90 DEGREE ANGLE ANCHOR KIT 7 39.94 279 .58
-STREET ANCHOR PLATE 7 28.41 198.87
-CORNER ANCHORS 4 39 .94 159.76
-CUSTOM 2' X 4' x 3'BENCH PLANTER 3 1,590.00 4,770.00
FS-1 Fastening Kit 27 1.47 39.69
BB-PEGS -PEG FOR BISON BRACE 330 O.Q7 23.10
CUBE-PC242420-CUSTOM COLOR ALUMINUM CUBE 2 450.00 900.00
24"x24"x20"
BB-L -LON G BRACE KIT 40 3.34 133.60
JT-55 2.50 137.50
$12 ,871.62
Subtotal: $12,871.62
Freight C harges: $900 .00
TOTAL : $13,7 71.621
Sales under this quotation are subiect to the following conditions:
Quotation is good for a period of ten ( 1 OJ days from the date above unless specifically noted elsewhere in the
quotation and is based on a single delivery of the quantities and models quoted .
Authorization of Order
Full payment is required at the time of order. Please note that once the order and color are approved, the order
cannot be modified. All Custom Orders must be prepaid and are non-returnable and non-refundable.
Return Authorization Polley
Custom Orders are non-returnable and non-refundable.
Payment Terms :
Payment due with order. Prices are F.O.B . Warehouse unless otherwise specified .
Lead Time :
Please allow 4-6 weeks after payment has been received for receipt of custom products.
Custom Size Wood Tiles
Bison can create virtually any size wood tile to meet your design needs. Please indicate the wood species . size (L x W
x H) of the tiles you need and we will prepare a quotation. If tiles are to be installed on Bison Deck Supports , please
take into consideration the adequacy of the structure to support the weights involved for the intended use and
verify that the custom products will integrate with the overall deck system.
Custom Size Cubes
Bison can create virtually any size Custom Cubes to meet your design needs. Please indicate the material size (L x W
x H) and color of the cubes you need and we will prepare a quotation. If Cubes are to be installed on Bison Deck
Supports. please take into consideration the adequacy of the structure to support the weights involved for the
intended use and verify that the custom products will integrate with the overall deck system.
Custom Color Options
A wide choice of colors is available at http:/ /www .ralcolor.com. Please visit the RALCOLOR website to view their
offerings. If one of these colors is acceptable, please indicate the number on the form below and we will send you
an actual color chip or selection of chips for your approval. Please allow 3-5 weeks for deliver OR Submit a 2"x 2"
(minimum) sample of the color to be matched and indicate the finish you want on the form below. We will then find
the closest possible color and finish to match. A small custom color matched sample will be returned to you for your
final approval. Please allow 3-5 weeks for delivery.
Authorization: I have selected the material, sizes (and color(s)where appropriate) indicated above. I understand
that Bison Innovative Products will make every effort to provide a finished product that matches the sample that was
provided. However, I also understand that the sample I have selected represents the color and character of the
product but is not from the same batch as the finished product that I will be receiving. Because of this. I understand
that possible variation that can occur and I am willing to accept variation within reason. I approve the custom
color and/or custom sizes and authorize you to place this order.
Name : ________ Signed: _________ Position: _____ Date : ____ _
With Joist Tops
Prepared By: Matt McClaugherty E: matt@bisonip.com
Bison Innovative Products , A United Construction Products Company (c)2011
1975 West 13th Avenue Denver, CO 80204 T 303-892-0400 TF 800-333-4234 F 303-825 -5988 www.BisoniP.com
BISON
f-..
BISON INNOVATIVE PRODUCTS
CUSTOM QUOTE
3/12/2012
QUOTE NUMBER : QU0-01944-BOH3K6
REVISION ID: 3
Sarah Showalter
City of Wheat Ridge
7500 W 29th Avenue
Wheotridge, CO 80033
sshowalter@ci.wheatridge .co.us
Prepared By : Matt McClaugherty
Confidential Quotation Specifically Prepared for:
City of Wheat Ridge
Sarah Showalter
Project: 38th Ave-(Drogonfly)Wheot Ridge Pop-up Parks Job No: 531
~·--·----------·-------------------,
This quotation is provided based on drawings and/or information provided by others. As such, Bison Innovative
Products does not assume any liability or responsibility for any claims arising from or related to the quantities or
models of pedestals and accessories shown. The Contractor is responsible for verifying that the design is appropriate
and that the dimensions for the project ore accurate. L_
Model # -Description Qty Unit Price Ext Price
WTIPE24RIBBED -WOOD TILE-IPE 24 x 24 RIBBED 27 41 .54
CUBE-IPE242417 -IPE CUBE 24"x24"x17" 2 400.00
CUBE-TOP-IPE2424 -IPE CUBE TOP 24"x24" 2 130.00
CUBE-PC242436 -POWDER COATED ALUMINUM CUBE 2 650.00
24"x24"x36"
-CUBE IPE242436 2 800.00
-90 DEGREE ANGLE ANCHOR KIT 7 39.94
-STREET ANCHOR PLATE 7 28.41
-CORNER ANCHORS 4 39.94
-CUSTOM 2' X 4' x 3'BENCH PLANTER 3 1,590.00
CUBE-PC242420 -CUSTOM COLOR ALUMINUM CUBE 2 450.00
24 "x24"x20"
V3-316-V ERSADJUST 3 3/4"-5 3/4" w/ 3/16" TABS 11 10.67
V1 -316 -VERSADJUST 2 1 /4"-2 3/4" w/ 3/16" TABS 11 10.67
L0-316-LOW HEIGHT PEDESTAL w/ 3/16" TABS 11 9.29
HD25-316 -1 /4" FIXED HEIGHT PEDESTAL w/3/16" TABS 22 2 .27
FS -1 14 1.47
B11 -1/16" SHIM 22 1.47
PS 1 -1 /8" PLASTIC SHIM 10 1.3 4
Subtotal: -· --·------------------r-
1,121.58
800.00
260.00
1,300.00
1,600.00
279.58
198 .87
159.76
4,770.00
900.00
11 7.37
117.37
102 .19
49 .94
20.58
32.34
13.40
$11,842.98 ----------
$11 ,842.98
.Freight C harg-es-:------·------------------ -·-----· ~--·--$9-0-0.0-0
-·--------------------·---·-----. ---"j' ---------.. ---·
~?_TA~:--·•-·oo· ,..,,, .. _ ••--0 -----0 0 --·-000 ••-·•-0 ·-••--L • 0 -· 00 _.,_ -$1 2~7~~,9~
Sales under this quotation are subJect to the following condHions:
Quotation is good for a period of ten (1 OJ days from the date above unless specifically noted elsewhere in the
quotation and is based on a single delivery of the quantities and models quoted.
Authorization of Order
Full payment is required at the time of order. Please note that once the order and color are approved. the order
cannot be modified. All Custom Orders must be prepaid and are non-returnable and non-refundable.
Return Authorization Polley
Custom Orders are non-returnable and non-refundable.
Payment Terms:
Payment due with order. Prices are F.O .B. Warehouse unless otherwise specified.
Lead nme:
Please allow 4-6 weeks after payment has been received for receipt of custom products.
Custom Size Wood Tiles
Bison can create virtually any size wood tile to meet your design needs. Please indicate the wood species. size (L x w
x H) of the tiles you need and we will prepare a quotation. If tiles are to be installed on Bison Deck Supports. please
take into consideration the adequacy of the structure to support the weights involved for the intended use and
verify that the custom products will integrate with the overall deck system.
Custom Size Cubes
Bison can create virtually any size Custom Cubes to meet your design needs. Please indicate the material size (L x W
x H) and color of the cubes you need and we will prepare a quotation. If Cubes are to be installed on Bison Deck
Supports . please take into consideration the adequacy of the structure to support the weights involved for the
intended use and verify that the custom products will integrate with the overall deck system .
Custom Color OPtions
A wide choice of colors is available at http://www.ralcolor.com. Please visit the RALCOLOR website to view their
offerings. If one of these colors is acceptable. please indicate the number on the form below and we will send you
an actual color chip or selection of chips for your approval. Please allow 3-5 weeks for deliver OR Submit a 2"x 2"
(minimum) sample of the color to be matched and indicate the finish you want on the form below. We will then find
the closest possible color and finish to match. A small custom color matched sample will be returned to you for your
final approval. Please allow 3-5 weeks for delivery.
Authorization: I have selected the material. sizes (and color(s)where appropriate) indicated above. I understand
that Bison Innovative Products will make every effort to provide a finished product that matches the sample that was
provided . However. I also understand that the sample I have selected represents the color and character of the
product but is not from the same batch as the finished product that I will be receiving. Because of this , I understand
that possible variation that can occur and I am willing to accept variation within reason. I approve the custom
color and/or custom sizes and authorize you to place this order.
Name:--------Signed:----------Position: _____ Date: ____ _
Prepared By: Matt McClaugherty E: matt@bisonip.com
Bison Innovative Products. A United Construction Products Company (c)2011
1975 West 13th Avenue Denver. CO 80204 T 303-892-0400 TF 800-333-4234 F 303-825-5988 www.BisoniP.com
/''
BISON
(-.. CUSTOM QUOTE
3/19/2012
QUOTE NUMBER: QU0-01944-BOH3K6
REVISION ID: 5
BISON INNOVATIVE PRODUCTS
Confidential Quotation Specifically Prepared for:
City of Wheat Ridge
Sarah Showalter
Sarah Showalter
City of Wheat Ridge
7 500 W 29th A venue
Wheatridge, CO 80033
sshowalter@ci .wheatridge .co.us
Prepared By: Matt McClaugherty
Project: 38th Ave-(Right Coast Pizza) Wheat Ridge Pop-up Parks Job No: 531
f
This quo_t_a-ti_o_n-is_p_r_o -vi_d _e _d _b_a-sed on drawings and/or information provided by others. As such.-B-is_o _n -ln_n_o_v_a-ti-ve
Products does not assume any liability or responsibility for any claims arising from or related to the quantities or
models of pedestals and accessories shown. The Contractor is responsible for verifying that the design is appropriate
and that the dimensions for the project are accurate.
I
Model # -Description Qty Unit Price Ext Price
WTIPE24RIBBED-WOOD TILE-IPE 24 x 24 RIBBED 27 41.54 1.121.58
CUBE-IPE242417 -IPE CUBE 24"x24"x 17" 2 400.00 800.00
CUBE-TOP-IPE2424 -IPE CUBE TOP 24"x24" 2 130.00 260.00
CUBE-PC242436-POWDER COATED ALUMINUM CUBE 2 650.00 1,300.00
24"x24"x36"
-CUBE IPE242436 2 800.00 1,600.00
-90 DEGREE ANGLE ANCHOR KIT 7 39 .94 279.58
-STREET ANCHOR PLATE 7 28.41 198.87
-CORNER ANCHORS 4 39 .94 159.76
-CUSTOM 2x4'x4 'BENCH PLANTER 3 1,590.00 4,770.00
CUBE-PC242420-CUSTOM COLOR ALUMINUM CUBE 2 450.00 900.00
24"x24"x20"
V3-3 16 -VERSADJUST 3 3/4"-5 3/4" w/ 3/16" TABS 33 10.67 352.11
V4-316 -VERSADJUST 5 3/4"-9 3/4"w/ 3/16" TABS 22 12 .14 267.08
BB -L -LONG BRACE KIT 40 3.34 133.60
BB -S-SHORT BRACE KIT 22 2.92 64.24
BB -PEGS -PEG FOR BISON BRACE 330 0 .07 23.1 0
$12,229.92
Subtotal: $12,229.92
Freight Charges: $900.00
TOTAL: $13,129.92
Sales under this quotation are sublect to the following conditions:
Quotation is good for a period of ten ( l 0) days from the date above unless specifically noted elsewhere in the
quotation and is based on a single delivery of the quantities and models quoted.
Authorization of Order
Full payment is required at the time of order. Please note that once the order and color are approved, the order
cannot be modified. All Custom Orders must be prepaid and are non-returnable and non-refundable.
Return Authorization Polley
Custom Orders are non-returnable and non-refundable.
Payment Terms:
Payment due with order. Prices are F.O.B. Warehouse unless otherwise specified.
Lead Time:
Please allow 4-6 weeks aHer payment has been received for receipt of custom products.
Custom Size Wood Tiles
Bison can create virtually any size wood tile to meet your design needs. Please indicate the wood species. size (L x W
x H) of the tiles you need and we will prepare a quotation. If tiles are to be installed on Bison Deck Supports, please
take into consideration the adequacy of the structure to support the weights involved for the intended use and
verify that the custom products will integrate with the overall deck system.
Custom Size Cubes
Bison can create virtually any size Custom Cubes to meet your design needs. Please indicate the material size (L x W
x H) and color of the cubes you need and we will prepare a quotation. If Cubes are to be installed on Bison Deck
Supports , please take into consideration the adequacy of the structure to support the weights involved for the
intended use and verify that the custom products will integrate with the overall deck system.
Custom Color Options
A wide choice of colors is available at http:/ /www.ralcolor.com. Please visit the RALCOLOR website to view their
offerings. If one of these colors is acceptable, please indicate the number on the form below and we will send you
an actual color chip or selection of chips for your approval. Please allow 3-5 weeks for deliver OR Submit a 2"x 2"
(minimum) sample of the color to be matched and indicate the finish you want on the form below. We will then find
the closest possible color and finish to match. A small custom color matched sample will be returned to you for your
final approval. Please allow 3-5 weeks for delivery.
Authorization: I have selected the material. sizes (and color(s)where appropriate) indicated above. I understand
that Bison Innovative Products will make every effort to provide a finished product that matches the sample that was
provided. However, I also understand that the sample I have selected represents the color and character of the
product but is not from the same batch as the finished product that I will be receiving . Because of this , I understand
that possible variation that can occur and I am willing to accept variation within reason . I approve the custom
color and/or custom sizes and authorize you to place this order.
Name: ________ Signed: _________ Position: _____ Date: ____ _
Prepared By: Matt McClaugherty E: matt@bisonip.com
Bison Innovative Products. A United Construction Products Company (c)20ll
1975 West 13th Avenue Denver. CO 80204 T 303-892-0400 TF 800 -333-4234 F 303-825-5988 www.BisoniP.c om
Element
Number of Elements 1 1 1
Pop-up Park Pop-up Park
Pop-up Park -Right (Spec)-
Item Size -Dragonfly Coast Pizza Cebiche
Bison
Wood Cube
Planter 2'x2 'x17"
Tall Planter 2'x2'x34" 2 2 2
Seat 2'x2'x18" 2 2 2
Metal Cubes
Planter 2'x2'x20" 2 2 2
Tall Planter 2'x2'x3' 2 2 2
Bench 4'x2'x4' 3 3 3
Wood Tile
Square 2'x2' 27 27 37
Miscellaeous $ 1,991.40 $ 2,378.34 $ 2,604.64
Bison Total
8 3
Planter Access
Pods Enhancement Total
3 24
6
6
3 30
21 27
9
91
$ 1,891.20 $ 4,243.48
Unit Cost
$ 400.00
$ 800.00
$ 530.00
$ 450.00
$ 650.00
$ 1,590.00
$ 41.54
Total
$ 9,600.00
$ 4,800.00
$ 3,180.00
$ 13,500.00
$ 17,550.00
$ 14,310.00
$ 3,780.14
$ 13,109.06
$ 79,829.20
N ... c
I&»
E .c u ., ... ...
c:a:
~ . .( ~" J " City of •
JP'"WheatRL._dge
ITEM NO: ___Q_:_
DATE: March 26,2012
REQUEST FOR CITY COUNCIL ACTION
~"~
TITLE: RESOLUTION NO. 17-2012-A RESOLUTION AMENDING
THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $5,000
TO WHEAT RIDGE "FEED THE FUTURE" BACKPACK
PROGRAM
D PUBLIC HEARING
D BIDS/MOTIONS
cgJ RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
D YES
The Arvada Community Food Bank (ACFB) is a nonprofit 501 c (3) corporation formed in 1982
to serve the needy and vulnerable in our community. Today, ACFB serves those in need in the
communities of Arvada, Golden, Wheat Ridge and Westminster. Feed the Future is a program,
mirrored after the National Backpack Program, implemented to serve the needs ofTitle 1
elementary children who have been identified as those "at risk" and without food on the
weekends. A request from Loretta DiTirro, President of Enterprise Wheat Ridge, has been made
for a $5 ,000 donation to this program.
PRIOR ACTION:
In 2010, ACFB approached Chief Dan Brennan to champion a "Feed the Future" Backpack Food
Program in Wheat Ridge. The Wheat Ridge "Feed the Future" Backpack Program provides food
for elementary children who are on the school free and reduced lunch program at participating
schools in Wheat Ridge during the school year. Participating schools are Pennington Elementary
and Kullerstrand Elementary, with Stevens Elementary added in January 2012. Each Friday,
children take home a sack filled with food including breakfast, lunch and snack items, along with
fruits and vegetables to see them through the weekend. A discussion was held on this donation
at the March 5, 2012 City Council Study Session.
Council Action Form
March 2ti , 2 012
Page 2 · •
FINANCIAL IMPACT:
The Gateway Signage Program in the amount of$100,000 was suspended in February and
$92 ,800 was transferred from the Capital Investment Program budget to the General Fund budget
to fund WR2020 for the purpose of providing assistance with the implementation of the 38 th
Avenue Corridor Plan . Of the remaining $7 ,200 balance, the requested $5000 is to be transferred
to Outside Agency Contributions for the Feed the Future Backpack Program.
BACKGROUND:
Volunteer efforts from the Wheat Ridge Police Department, Wheat Ridge City employees,
Wheat Ridge Fire Department, Arvada Fire Department, Wheat Ridge Optimist, Rotary and
Grange service clubs , Enterprise Wheat Ridge business members , faith-based sponsors and
community members help support the program by donating their time and talents to this
program. Today the program provides food for approximately 300 students , and the average cost
is $2.50 per student, per week . The program is in immediate need of funds to sustain this
program:
$50 -Feeds one student for half a school year
$100 -Feeds one student for a school year
$1000 -Feeds one classroom for a school year
$10,000 -Feeds one school for a school year
All donations go directly to the program and are tax-deductible.
RECOMMENDATIONS:
Mayor DiTullio recommends approval of a supplemental budget appropriation in the amount of
$5 ,000 for the "Feed the Future" Backpack Program.
RECOMMENDED MOTION:
"I move to amend the Fiscal Year 2012 General Fund Budget to reflect the approval of a
supplemental budget appropriation in the amount of$5 ,000 to fund the Wheat Ridge "Feed the
Future" Backpack Program.
Or
"I move to deny the supplemental budget appropriation in the amount of $5 ,000 to fund the
Wheat Ridge "Feed the Future" Back Program for the following reason(s) _______ ,"
REPORT PREPARED BY:
Janice Smothers , Administrative Assistant to the Mayor and City Council
ATTACHMENTS:
1. Loretta DiTirro , President Enterprise Wheat Ridge Letter
2 . Wheat Ridge "Feed the Future" Backpack Program Outline
3. Resolution 17-2012
January 31, 2012
Mayor Jerry DiTullio
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Dear Mayor DiTullio:
I am writin1 on behalf of the Wheat Ridge Backpack Feed the Future committee, which is lead
by Chi f Dan Brennan. Feed the Future is a program, minored after the National Backpack
program, implemented to serve the needs of Title I elementary children who have been
identifi d as thos Nat ris~ and without food on the weekends. In Wheat Ridge we have 3 such
elementary schools-PennfnJton, Kullerstrand and Stevens-with students that are in need. At
this time, we have over 300 students that receive the food every Friday.
To date, we have been able to brina many of our service eroups and community leaders
toeether to assist with raising funds, packing the food and distributing the boxes to the
children. A VUiage ha,s been formed to meet the needs of these children.
My request to you, as our Mayor, is a $5,000.00 donation from the City of Wheat Ridge's
charitable Oflanization budget and, in addition, I would request our elected officials contribute
a portion of their budget to the program as well. We are in immediate need of funds as Stevens
Elementary was added the first of January, which increased the number of students in need by
over 130. A more detailed ov rview of the program has been attached to this letter.
Additionally, I would ask for an on-going donation, quarterly or annually, be made to the
program. It is my firm belief that we all have an obliaation to our children who are our future.
There Is no doubt in my mind that amongst those we are helpins today will become the
volunteers in our community as they mature.
I'd ask that we also have space in your next Mayor's Matters to present the prosram. I will be
more than pleased to write the article and/or assist the person responsible for the publication.
In closing, thank you in advance for giving consideration to this request. Please feel free to
contact either Chief Dan or myself for further information, if needed.
Lore a Dffirro, President
Enterprise Wheat Ridge
Cc: Chief Dan Brennan Attachment 1
Wheat Ridge "Feed tbe Future" Backpack Prognm
The Arvada Community Food Bank (ACFB) is a oooprofit SO I c (3) corporation formed in 1982
to serve the needy and vulnerable in our community . Today, ACFB serves those in need in the
communities of Arvada. Golden. Wheat Ridge and Westminster . In 2010 ACFB approached
Chief Daoiel Brennan to champion a "Feed the Future " Backpack Food Program in Wheat Ridge .
The Wheat Ridge "Feed the Future" Badcpack Program provides food for elementary children
who arc on the school Free and Reduced Lunch Program at panicipating schools in Wheat Ridge
during tbe school year. Correal participating schools m: Peaoington Elemental)' and Kullcrstrand
Elementary. The program wiU expand to Stevens Elementary io January 2012 . Each Friday,
children take home a sack filled with food including bn:akf&cr~ lunch and snack items. along with
fruits and vegetables to see tbem through the wc:ckeod .
Volunteer efforts from tbc Wheat Riclge Police DepaiUnent, Wheat Ridge Fire Department,
Arvada Fire Department. the Wheat Ridge Optimist. Rotary and Grange service clubs, Enterprise
Wheat Ridge business members. &itb-bascd sponsors and community members help support the
program by giving their time aod talents to this program.
Today, the program provides food for approximately 200 clcmenwy students and our needs will
grow with the addition of Stevens Elementary School in 2012 . (We began serving 137 students al
Stevens in January.) rt costs $2.50 per student, per week to provide them food for a weekend.
To SUJtaiD this prorram, we Deed yo•r elp. Please coa.sider a Cub Dooatioo of:
$SO-Feeds oae studat for laalf • school year
$100-Feeds 011e studeat for • school year
$1,000-Feeds oae clasroo• for • school year
$10,000-feeds one Kbool for • school year
AU doaaliou co directly to the procram.
Your tax-deductible donations to support 1he Wheat Ridge .. Feed the Future'' Backpack program
can be sent to:
Arvada Community Food Bank. at 8555 W. s'f' Ave, Arvada, CO 80002 or
1111 J
Wheat Ridae Commullfty Fouadatio at 4005 Kipling St., Wheat Ridge, CO 80033 or
• t_
All donations should be sent in care of the Wheat Ridge "Feed the Future" Backpack Program .
Attachment 2
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 17
Series of 2012
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2012
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF
A SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $5,000 FOR THE WHEAT RIDGE "FEED THE
FUTURE" BACKPACK PROGRAM
WHEREAS, the Arvada Community Food Bank (ACFB) is a nonprofit 501 c (3)
corporation formed to serve the needy and vulnerable in our community; and
WHEREAS, Feed the Future is a program , mirrored after the National Backpack
program, implemented to serve the needs of Title I elementary children who have been
identified as those "at risk" and without food on the weekends; and
WHEREAS , The Wheat Ridge "Feed the Future" Backpack Program provides
food for schools in Wheat Ridge during the school year. Participating schools are
Pennington, Kullerstrand and Stevens Elementary Schools;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
The City Council authorizes the transfer of $5 ,000 from account number 30-610-
700-724 in the Capital Investment Program Fund to account number 01 -102-700-
780 in the General Fund and amendment of the 2012 Fiscal Year Budget
accordingly.
DONE AND RESOLVED this 26th day of March 2012.
Jerry DiTullio , Mayor
ATTEST:
Ja nelle Shaver, City Clerk
Attachment 3