HomeMy WebLinkAbout01/07/2008
STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
City Council Chambers
7500 W. 29th Ave.
Januarv 7.2008
6:30 D.m.
APPROVAL OF AGENDA
Item 1.
Item 2.
Item 3.
Item 4.
Staff Reports
a) Approval of the Revised Personnel Policies Type /I
COSG Funding Allocation Type /I
Adoption of NRS as Amendment to Comprehensive Plan Type III
Zoning Code Changes WR 2020 Type /I
i. ~ .,'
: < . City of
7'~~WheatRl.-dge
Study Session
January 7, 2008
Item 1. a)
ITEM NO:
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE: January 14,2008
TITLE: APPROVAL OF Tllli REVISED PERSONNEL POLICIES
D PUBLIC HEARING
[!] BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date)
D ORDINANCES FOR 2ND READING (Date)
Quasi-judicial:
DYES
!iJNO
Deputy City Manager
City Manager
EXECUTIVE SUMMARY:
As part of our periodic "check system", the Human Resources Manager has reviewed the Personnel
Policies and has made several revisions for approval with an effective date of January 14,2008. The
revisions included in this proposal are primarily made for administrative and clarification purposes and
do not result in a reduction or increase in benefit levels.
.COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
SECTION 5.6.
(page 5-4)
PERSONAL TIME-OFF (PTO)
D.1.d. - Currently an employee may use the PTO buy-back provision if they use
or promise to use 80 hours PTO before the calendar year-end. To eliminate
possible disparity issues, the "promise to use" has been eliminated leaving the
requirement, "must have used" before the buy-back provision can be used.
SECTION 5.7.
(page 5-5)
SECTION 5.16.
(page 5-13)
SECTION 5.17.
(page 5-14)
SECTION 5.19.
(Page 5-15)
SECTION 5.23.
(page 5-16)
SECTION 6.9.
(page 6-4)
SECTION 6.12.
(page 6-5)
SECTION 7.4.
(Page 7-1 & 2)
EXTENDED SICK LEA VB, (ESL)
A. Purpose - In order to use ESL, an employee must be out in excess of 40
consecutive or non-consecutive work hours for a qualitYing event with no time
limit if the work hours are non-consecutive. For control and consistency
purposes, a 90- calendar day stipulation from the initial event has been added.
This 90-day period ties into other provisions e.g. FMLA, disability waiting
period, on and off-the-job injuries/illnesses, etc).
EXEMPT STATUS LEAVE
Examples of unusual work demands that would justify granting an exempt
employee with this type of leave were added to provide a better understanding.
In addition, the outline has been reformatted for ease in reference.
ADMINISTRATIVE LEAVE
Currently employees are placed on Administrative Leave for the pupose of
conducting an investigation into allegations of wrong-doing. To provide
flexibillity, language has been added to include other situations that may arise
such as emergency conditions; if retention is not beneficial to employee and/or
City; and, for reasons that are not covered by any other existing policies. In
addition, the Human Resources Manager is given the ability to grant such leave
should the need arise, (e.g., discrimination, harassment, and/or retaliation
~Ig;m.). Also added language to clarify what is expected of an employee during
this period of time.
COURT APPEARANCE
This policy has been revised to better identify what pay, (regular or overtime) an
employee will receive when they appear in court for work related reasons during
their normal work period, as weii as, during their time-off
CLOSURE OF CITY FACILITIES
E. Language was altered to avoid confusion concerning what happens to
employees that are on leave when City Hall closes as a result of harsh weather.
OVERTIME AND COMPENSATORY TIME
Primarily, the policy outline has been reformatted to provide ease in reference.
PROVISIONS APPLICABLE TO DEPARTMENT DIRECTORS AND THE
CITY MANAGER
B. - Revised to allow the City Manager the flexibility to grant alternate or
additional benefits to Department Directors.
CLASSIFICATION SPECIFICATION REVIEW
B.1. through 3. - Primarily, adjustment has been made to clarify the position
classification review process; ensure Department Director interaction; and,
provide for a deadline for submittals each year.
C.2. - Revised to reflect actual practice with regard to who receives the
recommendation upon completion of a position audit, (Department Director -
not City manager).
SECTION 7.6.
(page 7-2)
REQUEST FOR A NEW CLASSIFICATION
This section has been revised to ensure Human Resources is apprised when a
new position request is made through the budget process.
SECTION 11.9.
(page 11-5)
APPEALS
Revised to provide a clear understanding that employees directly reporting to the
City Manager or Mayor do not have internal disciplinary action appeal rights.
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
None
;RECOMMENDED MOTION:
"I move to approve the revisions to the Personnel Policy as subrnitted on January 14, 2008, to be
effective on this date of January 14, 2008."
or,
"I rnove to deny the revisions to the Personnel Policies as submitted on January 14, 2008 for the
following reason(s)
"
Report Prepared by: Karen rv1. Croom, Humfu1. Resources ~..1~n:::1ger
Reviewed by: Patrick Goff, Deputy City Manager
Attachments:
Revised applicable areas of Personnel Policies:
· Section 5: Benefits, Programs, and Leaves
. Section 6: Compensation
. Section 7: Classification Policy
· Section 11: Disciplinary/Corrective Action and Appeal Procedure
cc:
Request for City Council Action-report form
City of Wheat RidQe Personnel Policies
SECTION 5:
BENEFITS, PROGRAMS, AND LEAVES
Approved by Council: 01f14108
Effective: 01/14/08
Sections Revised: 5.6.D.1.d.. 5.7.A., 5.16., 5.17., 5.19.8., 5.23.E.. 5.23.F.
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 orrule. 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 well being 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 emotionai 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. Suoervisorv-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 responsibility of the employee and, beyond the initial assessment and referral from
the employee assistance program will be the responsibility of the employee to bear the cost, in conjunction with
insurance.
5-1
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 payor 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 Veterans' Day Christmas Day
Martin Luther King Jr. Day Independence Day Thanksgiving Day
Presidents' Day Labor 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 available 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 empioyees who are reguired to work on officiai holidays, wiii be entiiied 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) Q[
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. Holidays may be used in any increments of time, as approved by the relative Department Director.
a. 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.
b. 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.
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.
5-2
5.5. 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 Reqular employees will accrue Personal Time-Off on a bi-weekly basis for 26
pay periods each year according to the following schedule:
Bi~Weekly Hours are rounded and do not reflect the fult rate.
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. Davs Hrs. Davs Hrs. Davs Hrs. Davs Hrs. Davs
o 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 TD) unless the employee uses PTO hours to suppiement his/her disabiiity payment in order to
receive 100% 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 r.625) STATUS (.50)
Years of Maximum Maximum Maximum Maximum Maximum
Service Accrual Hrs. Accrual Hrs Accrual Hrs Accrual Hrs Accrual Hrs
o 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
C. UTILIZATION
1. Schedulinq 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.
5-3
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. Emeroencv 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. j;luv-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.
d. Employees exercising the buy-back provision may not be paid for more than 80 hours, (120/1.5) of
unused PTO unless they have used sr '....i11 be USiA!!, as ',erifiee by their Department Dir.eeter, 80 hours
of PTO within the calendar year in which the buy-back provision is used.
2. Pavment for Personal Time-Off at Seoaration - 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.
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.
5-4
5.7. EXTENDED SICK LEAVE (ESL)
A. PURPOSE
Extended Sick Leave is established for regular full-time and regular part-time employees, to provide for paid
leave that extends beyond forty (40) work hours, (prorated for regular part-time employees based on status), for
the employee's mental or physical illnesses; off-the-job injuries or disabilities; situations that qualify under the
Family and Medical Leave Act (FMLA) as noted in Personnel Policy 5.9.; and, when the care of an immediate
family member is necessary, ("immediate family member" is described in the Definition Section). The "work"
hours do not need to be consecutive, however, if non-consecutive, they must be related to the same event and
only work hours within a 90 calendar day period from the initial event may apply.
B. ELIGIBILITY CRITERIA
1. Extended Sick Leave hours will be credited to regular employees on a bi-weekly basis, each pay day in
accordance with the following schedule:
40-Hour/Week 35-Hour/Week
Status Status
30-Hour/Week
Status
25-Hour/Week
Status
20-Hour/Week
Status
,
i
1.54all&hours 1.35~hours 1.15a9hours .96-Whours .77693-hours
2. ESL will continue to accrue during periods of absence while the employee remains in an active pay status.
However ESL accrual will be discontinued during periods of Short Term Disability (STD) and Long Term
Disability (L TD) 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 be used to satisfy the waiting period for, and supplement, Short-term Disability (STD) or Long-
Term Disability (LTD). However, under no circumstances will an employee receive a combination of ESL
and STD or L TD pay that exceeds 100% of the employee's normal base pay. ESL may not at anytime be
used to supplement Worker's Compensation benefits, if applicable.
2. In order to receive ESL, an employee must make application. 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 individuals 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 certification 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 anytime 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 functions of the position or list any restrictions or accommodations necessary to assist in the
City's final determination of the employee's ability 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.
5-5
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-HourlWeek 35-HourlWeek 30-HourlWeek
Status Status Status
25-HourlWeek
Status
20-HourlWeek
Status
480 hours
420 hours
360 hours
300 hours
240 hours
9. Activities Incomoatible with Extended Sick Leave (ESLl - Any employee who is absent after requesting ESL
may not engage in work or other activities that are in conflict with the reasons helshe provided in order to
use ESL. While on ESL, an employee must not engage in any activity which would hamper hislher ability
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. Designated holidays that occur during the employee's ESL will be charged against Holiday
time and not ESL. ESL will not be counted as time worked for the purposes of computing overtime.
2. ESL may not be donated to another employee and at no time may an employee borrow from future
accruals of ESL.
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 wil! 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 TD 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.
I.
4. Donated leave will be paid at the recipient's hourly rate.
5-6
C. Other Provisionl;
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 Puroose - In accordance with the Federal Family and Medical Leave Act (FMLA), the City grants job protected,
unpaid family and medical leave to eligible employees for up to twelve (12) weeks per twelve (12) month period
for any of the following reasons:
1. 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
2. In order to care for an immediate family member (spouse, child, or parent) if that family member has a
serious health condition.
3. An employee's own serious health condition that makes the employee unable to perform the essential
function(s) of his/her position.
B. Eliaibilitv - 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 intermittent (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 far adoption ar foster care if the City and the employee agree to such a schedule or when medically
necessary. Emplayees are required to schedule intermittent leave that is foreseeable.
D. Part-time emolovees 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. pefinitions
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 additional 6 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 - An illness, injury, impairment, or a physical or mental condition involving inpatient
care or continuing treatment by a health provider. Continuing treatment involves:
1. A period of incapacity of more than three (3) consecutive calendar days (not working days) and subsequent
treatment including either two visits to a health care provider or one visit followed by continuing treatment
under the health care provider's supervision;
2. A period of incapacity due to pregnancy or for prenatal care;
3. Treatment for chronic serious health conditions such as asthma and diabetes which (1) requires periodic
visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision
of a health care provider; (2) continues over an extended period of time (including recurring episodes of a
single underlying condition); and (3) may cause episodic rather than a continuing period of incapacity; and,
4. Treatments for serious conditions such as cancer that may not be incapacitating but without treatments
would result in a period of incapacity of more than three (3) consecutive days.
Health Care Provider - Any health care provider that is recognized by the City or accepted by the City's group
health plan. This may include physicians, dentist, clinical psychologists, optometrists, chiropractors, nurse
practitioners, nurse midwives and clinical social workers.
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"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 Reouirements - 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 notice 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 Reouirement
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. Confidentialitv - 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. Pavment of Grouo 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
requirements 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
premium(s) incurred during the FMLA leave. .
J. Riohts Unon 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 originally scheduled, but should where foreseeable, give the
City 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).
K. Substitution of Paid Leave - An employee must apply all available accrued leave for the period of time in which
the employee is entitled under FMLA. No leave without pay can be taken until all accrued leave is used.
L. EmQlovment 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).
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M. Effect of Family Leave Uoon Senioritv 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 Leav~ - An employee who fails to return from Family Leave will be terminated 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 City may recover insurance premiums for any period of time that an employee was on
Family Leave without pay in accordance with FMLA regulations.
5.10. 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.
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 resulting 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 this 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.
5.11. ON-THE-JOB INJURY LEAVE
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. Grantino of Iniurv 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.
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3. In accordance with C.RS. 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 anyone 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 paid PTO leave during the period of
disability due to injury or illness. However, such PTO leave request may require a physician's
documentation and must be approved by the supervisor and Department Director as provided by these
Policies.
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. 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 Emolovees
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 their physician's certificate, if such
duties are available. The employee must comply with the procedures as stipulated in Section 10.9.
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 wi!! promptly report that condition to his or her supervisQrl 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 Emolovees
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.
5-10
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
5.12. DISABILITY LEAVE
A Grantino of Disabilitv Leave
1. Employees eligible far 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.
B. 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 oitime 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.
C. Limitations of Disabled Emoloyees
1. Employees who are unable to retum 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.
D. Termination of Disabled Emolovees
1. Disability Leave will be terminated when, providing reasonable accommodations cannot be made without
undue hardship, one of the follOWing first occurs:
a. When a report is issued by a physician finding a permanent disability that disqualifies the employee for
his or her position; or
b. When the employee is declared capable of performing their regular duties by a physician; 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.
5-11
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.
5.13. 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).
5.14. MILITARY LEAVE
A. Grantino of Milita~ Trainino 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 fifteen (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 military 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. ~omoutation of Pav - State law requires the payment of full City salary during authorized military training leave
or active military service for a period not to exceed fifteen (15) calendar days in any calendar year. Employees
granted military leave for required 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. MilitafV Leave Without Pav Durino War Or Other Emeroencies - 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 Militarv Leave
1. Any employee who enlists, is inducted or is appointed into military service of the United States for initial
period of obligated 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 day of active duty with the City.
E. Pension Richts 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)
F. Health Insurance - For military leave without pay of longer than ninety (90) calendar days, the employee, 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.
5-12
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.RS. 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.RS. 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.
5.15. 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 mere efficiently and effectively, to merit an unpaid educational leave.
5.16. 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 that require 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 time off.
B. UTILIZATION
1. Exempt Status Leave is not intended to compensate employees on an hour-for-hour basis, fer Ao~r.s
',vorlffiEl in eJ(Cess =~ ~~= ~aFfllal forty Ao~r worlweek, (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 crior approval of the Department Director, Division Manager or City
Manager, as appropriate, through the completion of the Request for Leave Form.
5-13
C. COMPENSATION
1. Exempt Status Leave is limited to a maximum of forty (40) hours per calendar year. When executive,
administrative, and professional employees are hired, they will be limited to ten (10) hours of Exempt
Status Leave for each full quarter of the year remaining in the year in which they were hired.
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.
5.17. 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 s~s~em:lc= ~~z::: '.vGFk,wit.t: ~:;:\' amlbGRefits, 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: cORd~cting an iRv€stigatieR or otAer iRq~iry into allegatioRs or eAarges
of wroRg doing or violati::: z~ ~~deF31 or state law, City or de~aFlmeRtal r€g~lati:::: :~ ':Jr acts or omissions
wAieA discredit the City;
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 Extension of the tRirly (3Q) days with ~ay may be granted by the City Manager if deemed te
be in tRG best interest oflRe City.
b. Should the investigation require the s~s~eRsion employee's absence of tRe em~layee beyond the thirty
(30) days and an extension has not been granted, s~eR time will be ....qtR:::1 ":::"', howe'/er, the
employee may utilize accrued Personal Time-Off leave, holiday, and/or compensatory leave, if
available. S~s~ensions ~Rd!~ ~!::: :~ction wil: t::m:;;:ate wMR the investigation or in€l~iFy is eaRcl~ded
and ha:. :'::".-, .-3...ie....'8d and acted ~~on by tRe De~artFFlent Director or City MaRager.
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 s~s~ension
Administrative Leave.
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.
5.18. 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.
5-14
5.19. COURT APPEARANCE
A Jurv Dutv
a. A regular employee required to report for jury duty during the employee's workday is !jFantee leOlve with
~'. :'::: :lmpleyee 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.
b. Befere a r-egulOlr empleyee SOln Be granted leave with POlY fer jury euty, the employee must give their
immediate supervisor a copy of the summons to serve on a jury.
c. An employee released from jury duty or serving as a witness is required to return to work wfleR
availaBle.
S. Subooena 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. Grantee leave with Receives regular pay when the employee is appearing during tile his/her workday.
b. ,^.~ ::~~':lyee v;;;;:. ;:;j:.j:.,JOlFS when elf euty Receives overtime payor compensatory time when
appearance is during his/her off-duty 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. Subooena or Witness - Non-Work Related
If an employee is subpoenaed to appear in court as a witness ina 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.
5.20. 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.
5.21. 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.
5.22. 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 with the approval of the City Manager, depending on the merit of the individual case.
S. 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 City Manager.
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.
5-15
E. During a leave of absence of more than thirty (30) calendar days, benefits (Le., Personal Time-Off leave and
ESL) will not accrue, nor will service time for step increases be credited.
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 position with or
without a reasonable accommodation for any ADA defined disability and provided the position still exists.
5.23. CLOSURE OF CITY FACiliTIES
A The City Manager, at times, will close offices due to inclement weather or other reasons, 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 he/she is expected to work.
S. Employees who work in positions which are non-essential and were scheduled to work, but not required to
report to work, will be paid for the hours the City is closed as declared by the City Manager.
C. Employees who work in positions that are essential for snow or other emergencies (emergency preparedness,
street crews, some office. staff, maintenance supervisors, police, for example) will be required to report to work
if reasonable effort will enable them to travel safely to the work site.
D. Any essential services employee who cannot make it to work will contact his/her immediate supervisor. The
employee and the supervisor will jointly decide whether non-attendance is justified and, if it is, the employee will
be paid for the hours the City is closed as declared by the City Manager. If the supervisor deems the
employee's non-attendance to be unjustifiable, the employee's absence will be charged to accrued leave. If
leave time is not available, the employee's non-attendance may be charged as leave without pay.
E. For employees on approved leave during the unexpected closing of City business will not ha'Jo thoir leave
8ssruals reduced by the Rumb-:~ -:' ~2ur.g tile City is closed, the "closed" hours are not to be charged against
their approved leave time.
F. Non-exempt essential service employees who are able to report to work will be paid, at their regular rate of pay,
for the number of hours the City is closed, as declared by the City Manager. Said payment may be made in the
form of cash or time off as approved by the Department Director. In addition, the employees will be paid at
their regular rate of pay, for the hours they actually worked. If the hours actually worked are overtime hours for
the week, (excess of forty (40) hours), then compensation will be at overtime rates.
5-16
SECTION 6: COMPENSATION
City of Wheat RidQe Personnel Policies
Approved by Council: 01/14/08
Effective: 01/14/08
Section(s) Revised: 6.9., 6.12
6.1. PAY PRACTICE
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 Emoloyees - 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 Emolovees - 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
fonner employee who is rehired shall be defined as the date of rehire with the City.
C. Re-aooointed EmQlovees - 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. 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.
C. When an employee returns to his or her regular position, he or she shall be paid at a level appropriate for the
regular position.
6-1
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
1. Market Study - A reclassification established due to a market study of the City's Classification Plan which
determines a position to be improperly compensated shall result in the following:
. The effective date shall be determined by City Council; the performance appraisal date of the employee
affected by 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 level. If the
reclassification is a downward movement, Section 6.6.(C).2. applies.
2. Organizational Change - A reclassification received due to a change of structure in the organization but
not as a result of an addition to staff shall result in the following:
. The effective date shall be. when such change goes into effect as approved by the City Manager. The
performance appraisal date will be affected in accordance with the provisions in this policy. If the
reclassification results in a higher pay level, the pay rate received 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 downward movement, Section 6.6.(C).2. applies; if the
result is neither a higher nor lower pay level assignment, Section 6.6.(D) applies.
3. Change in Job Duties and Responsibilities - When the duties and responsibilities of a job appear to
have significantly changed, the following may result:
. The effective date and performance appraisal date for this type of reclassification shall be determined
by the Department Director and approved by the City Manager. However, in no case will the
reclassification date be established prior to the last date the employee was scheduled to receive a
performance appraisal. If the reclassification results in a higher pay level, the pay rate received shall
reflect the length of time the employee has been in said position or at a rate closest to the amount the
employee is currently earning, whichever is greater. If the reclassification is a downward movement,
Section 6.6.(C).2 applies; if the result is neither a higher nor lower pay level assignment, Section
6.6.(D) applies.
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. All demotions must receive the approval
of the City Manager and Department Director concerned.
1. Disciolinarv reasons - A pay rate within the position's pay range will be determined by the City Manager.
2. Non-disciqlina.rv reasons - The employee's pay shall be placed within the new pay range to the point
closest to his/her current salary. In the event the current salary is higher than the new range maximum, the
salary will be frozen until such time as the new range exceeds the frozen salary, excluding cost of living
increases, at which time the rate will conform to the top step of the new range.
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. J-ateral Chan5le - 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.
6-2
E. Reversion of Emplovees 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, see Section 6.6. S. for the appropriate assignment.
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 Pertormance Appraisal or is placed in a Return
to Trial Service status should be re-evaluated at least every thirty (days) 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 revie....' 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.
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 not appeal pursuant to the
Problem Solving Procedure, unless the employee makes a claim of harassment, retaliation, or discrimination.
The reason for denying access to such procedure is that any appraisal of performance, by necessity, involves
the discretionary application of criteria to an individual's job performance which is deemed a legitimate function
and prerogative of supervisory personnel. The employee may, however, prepare a statement of his/her
response to the evaluation conclusions in writing that will be retained in the employee's personnel file, together
with the original evaluation.
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.
6-3
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 minimize 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-Exemot Emolovees - 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)(,) time the employee's regular hourly rate. The City compensates
FLSA non-exempt employees for authorized overtime as follows:
Eligible 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, working a schedule
other than forty (40) hours per week, shall be compensated overtime in accordance with FLSA
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.)
1. To be eligible to work voluntaiy overtime, the employee must first receive prior approvai 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 (SO) 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.
S. 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. Exemot Emolovee,! - While exempt employees have no entitlement to compensatory time off, they may be
granted Exempt Status Leave as outlined in Section 5.16.
6-4
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. Comoensation - 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. Safe~ - 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.
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.
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 payor 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 Oi volunteer position, those hours "-,forked 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 shall be set at the prerogative of the City Council. The City
Manager shall recommend salary ranges for Department Directors, except the City Clerk and Treasurer, based
on relative responsibilities of work, comparability to prevailing rates for like work, and other pertinent 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 equally to Department Directors and the City
Manager; however ll1ey the City Manager may be €Ii'ten grant alternate or additional benefits to the Department
Directors. with allllr-e'/al af CaunciL
C. Performance Appraisal - The Department Director's work performance, with the exception of the City Clerk
and Treasurer, shall be formally reviewed at the eiscr-etion of 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
dismissed only by the City Council, either at its discretion or upon recommendation of the City Manager.
6-5
SECTION 7:
CLASSIFICATION POLICY
City of Wheat Ridae Personnel Policief
Approved by Council: 01114/08
Elfective: 01/14/08
Section(s) Revised: 7.4.6.1.- 3., 7A.C.2.d. & e., 7.6.
7.1. CLASSIFICATION OF POSITIONS
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 com parables 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 changes to
compensation as a result of a reclassification of this, see Section 6.6.B. 1.
. Organizational Change - A Department Director may request an audit when there is a need to restructure
the Department. For changes to compensation as a result of this, see Section 6.6.B.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 results in changes to
compensation, see Section 6.6.8.3.
B. ReQuests - As changes OCCUi in the iesponsibilities 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 on Iv 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 comple~ity.
~~ ;:~ :::1'Illleyee selie':es l1is/l1er Ilesilic~ :;: ~') leAller Ilr<lllerly elassifiea, tile emllloyt..; rw; r.e~uest
1l1FElUll111l1eir DellartmeAt DiFeeler t~;:t ;: ",'x::;r.aatieA auait be Ilerfermea.
b. 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 lIlal 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), tI1erefere l1as merit. 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, r{)~uesls fer elassifieatioA auaits arc startea
::~-:' ::::~;Jlelea sefeFe lhe eemmeAeemeAt ef tl1:: ::.~~'!'Z" 'cudgel Ilr-eeess. Department Directors must piaff
submit their requests to Human Resources fer llesilieA r.eelassifieatieAs by March 31st each year so the
audits can be completed fer eensiaer.atien in suallet r{)~uesls 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 City M;:mager, thc relative Department
Director, ami em~loycc. for final action.
a. The City MaRager recei'/cs aRa cORsider.s the recommenaatioRs aRa actermiRes the 1lr-Gller aotion.
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 ihe 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 Human Resources Manager. wit': z:: ::):j:~::::Z!:JR of why
the Ilositizn iz n.Jeaea aRa how it will aoz'zl ::: ::-:eetiRg the City's ::~~::~egic ~Ian(z), ar.a any othe~ f.'::~hmt
informatioR; !>4umaR Resources will be ~re'/iaea 'Nith the followiRg: The request must include the following:
. A full description of the duties, functions, and responsibilities of the position with ~::::':!z~ioRal chart
showiRg its r-elatioRshill Ie eldstiRg llositioRs aRa olassifioatioRs; 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.
7-2
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.
7-3
City of Wheal Ridge Personnel Policies
SECTION 11:
DISCIPLINARY/CORRECTIVE ACTION AND APPEAL PROCEDURE
Section(s) Revised: 11.9A
Approved by Council: 01114/08
Effective: 01114/08
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 a 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 training, re-training, or return to trial service.
D. Business Day - for the purposes of this Policy, a time period of 8:00 am 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
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 Diiectois, Division Managers, and Supervisors
may take the following actions or any other appropriate action affecting current pay, status, or terms of
employment:
1. Verbal Reorimand: Initial action may consist of the supervisor verbally warning 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 maintained in Human Resources).
2. Reprimand - Writte!!.: 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 reprimand and shall be permitted to make a written response which shall be kept in the
employee's Personnel file as maintained in Human Resources.
3. Retum 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. An employee placed
on Return to Trial Service may be discharged for failure to meet performance requirements.
4. Susoension: A disciplinary authority may suspend an employee from employment, with or without pay.
a. 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.
11.1
b. 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.
5. 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.
6. DismissallDischaroe: 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.B.5. If an employee receives a dismissal/discharge from employment with the City as a
disciplinary action, he/she will not be eligible for rehire.
7. Other: Actions which may be appropriate from time to time may include mandatory training, re-training or
other corrective measures.
S. 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.
11.5. NOt~-APPEALABLE ACTIONS
Certain 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 disciplinary 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 position or reduction in staff.
B. Empioyees who no ionger 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 their normal
working hours will be considered for transitional status including termination of employment This action is not
considered disciplinary 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 "Trial Service Period", or employment as a temporary or emergency employee.
E. Performance Appraisal(s) - Contents of a performance evaluation involves discretionary application of criteria
to an individual'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 which substantially prejudices the conduct of the City's business, including conflicts of interest;
11-2
4. Violation of work hours or attendance policies of the department, including job abandonment, Gob
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 with 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 omission 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
individual benefit or advantage;
10. 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;
11. Discourteous behavior or treatment of others that violates City or departmental conduct standards;
12. Insubordination, including, but not limited to, failure to follow instructions given by a supervisor;
13. 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;
14. 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;
15. 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;
16. 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;
17. Use or give permission to any other person to use any equipment, vehicle, materials or other asset owned
by the City, andior 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.
18. 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;
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 which violates any federal law, state law, or City Policy pertaining to employment, including
harassment and/or discrimination of any kind;
24. Any conduct demonstrating 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 which, in the opinion of management, warrants discipline or corrective action
because it affects the employee's performance or the effective functioning of other employees, or
undermines public trust in the integrity of the City.
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.
11-3
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 against an employee under their control for one or more of the reasons or grounds for
discipline and/or corrective action specified above in Section 11.6, or for such other causes as may be deemed
necessary in the given situation.
A. Suoervisor~ shall have the authority to 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 supervisors, upon approval by their Department Director, may suspend, with or without pay,
for one (1) day. A supervisor may recommend a Return to Trial Service, suspension, demotion, or discharge
against an employee under their supervision to their next chain of command.
S. Pivision Manaoers shall have the authority to 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.
C. Human Resources Manacer shall have the authority to make recommendations of any type of disciplinary
and/or corrective action to the Department Director in cases of discrimination, harassment, and/or workplace
violence claims.
D. Deoartment Directors shall have the authority to reprimand, discharge, demote, suspend with or without pay,
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. 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 review 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 wi!! also be
kept in their personnel file,
S. Reorimand - 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.
C. ~usoensions for two (2\ work days or less for disciplinary reasons, (not to include temporary or immediate
suspension) - 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.
D. Susoension. Demotion and Discharoe - For disciplinary action other than a reprimand or suspension of two (Z)
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, this 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 Personnel file as maintained in Human Resources.
11-4
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 based on his/her review, 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.
E. 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 in Sectic ~ ~ .2., below, have the right to appeal disciplinary actions that
include discharge, demotion, or suspension for more than two (Z) working days. Exceptions:
1. Employees identified in Section 11.2;
2. When the City Manager or Mayor serves in the capacity of the employee's Department Director.
B. An appeal may only be initiated by filing written notification to the City Manilger 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.
11.10. 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 between the various steps may be waived and/or extended only by mutual written agreement of the
parties involved.
11-5
..\.l,
~ ~ ... City of
~~WheatF49ge
_ COMMUNITY DEVELOPMENT
:
Study Session
January 7, 200S
Item 2.
Memorandum
TO:
Mayor and City Council
THROUGH:
Randy Young, City Manager
DATE:
Kenneth Jolmsto~, CommuJity Development Director
Sally p~yne, senii!lannej ,
Decemb 2007
FROM:
SUBJECT:
January 7, 2008 City Council Study Ses~'
C6ifii!l~i"ity Development Block Grant - ~ Allocation
ment Block Grant
ectives and eligible
ds and recommends a
ould be focused to achieve City
Finally, potential projects are
lOnal allocation.
BACKGROUND:
This memo provides backgroun
(CDBG) Program. It outlines
activities. In addition, it talks
draft policy statement for provo
goals \vhile also complying wit
discussed for use of the City's 2
National Obiectives ofthe, . am:
---~
The overall goals OfIt1;;""'~p:~gram are to develop viable urban corumunities through the
provision of: 1) decent, safe, and sanitary housing; 2) suitable living environments; 3) expanded
economic development opportUnities. For activities to be funded, they must meet one of the
Program's national objectives and be considered an eligible activity as listed below. The
Program has the following three national objectives:
1. Benefit to low-and-moderate income:
"Area benefit" is the most commonly used category for basic activities under this objective. It is
an activity that benefits all residents in a particular area, where at least 51 percent of the residents
are low-to-moderate income persons. Eligible area benefit activities include: street
improvements; water and sewer lines; neighborhood facilities; and fayade improvements in
neighborhood commercial districts.
2. Elimination of slum and blight:
Activities must meet one of three categories; I) prevent or eliminate slum and blight on an area
basis 2) prevent or eliminate slum and blight on a soot basis 3) or be in an urban renewal area.
Examples of activities for area basis include assistance to commercial and industrial businesses;
public improvernents; and code enforcement. Examples of activities on a spot basis include:
elimination of faulty wiring; failing plaster or other similar detrimental conditions which are
detrimental to all potential occupants; historic preservation of public facility; and demolition of a
vacant, deteriorated building. Activities for urban renewal must be located within an Urban
Renewal project area and necessary to completion of an Urban Renewal Plan.
3. Ument need:
Use of this category is rare and is designed only for activities that alleviate emergency
conditions. Examples would be a major hurricane striking a coastal city.
EIil!ible Activities oer the Deoartment of Housinl! and Urban Develooment mum:
Activities Related to Real Pronertv-
. Acquisition for public purpose
. Disposition
. Public facilities and improvements
. Clearance and demolition
. Interim assistance to arrest severe deterioration or alleviate emergency conditions
. Completion of urban renewal projects
. Housing services in connection with Home Investment Partnership (HOME) Program
activities
. Privately-owned utilities
t; Construction of housing assisted under Section 17 of the U. S. Housing Act of 1937
. Horneownership assistance
. Rehabilitation activities
. Code enforcement
. Historic Preservation
. Renovation of closed buildings
. Lead-based paint testing and abatement
Activities related to economic develooment -
. Economic development activities related to microenterprise assistance and special economic
development activities
Other tvoes of activities -
Payment of non-Federal share of grants in connection with CDBG-assisted and eligible activities
. Relocation assistance
. Loss of rental income
. Technical assistance to public or nonprofit entities to increase the capacity of such entities to
carry out eligible neighborhood revitalization or economic development activities
. Assistance to institutions of higher education with the capacity to carry out other eligible
activities
Inelil!ible Activities oer HUD:
. Buildings for the general conduct of government (e.g., city hall)
. General government expenses
. Political activities
2
. New housing construction except under certain conditions or when carried out by a
Community-Based Development Organization
City Fundinl!:
Jefferson County receives an annual allocation of al'l'wAimately one million dollars of CDBG
funds for use in assisting the low-to-moderate income population in the County. From their
annual allocation, the County takes 20% to cover administration of the CDBG program. Funds
are then distributed among the jurisdictions of Edge water, Golden, Mountain View and Wheat
Ridge based on population. After distribution to these jurisdictions, the County retains a pool of
CDBG funds for competitive distribution to non-profits or govemmental agencies. This year the
competitive amount available is $335,989. Since Arvada and Lakewood have populations over
50,000, they receive their own CDBG funds directly.
The City's CDBG jurisdictional allocation for 2007 is $333,338. The estimated amount the City
should receive for 2008 is $300,004. Therefore, the City will have approximately $633,000 in
unexpended CDBG funds. The funding cycle for 2007 funds is June 2007 to May 2008 and for
2008 funds it is June 2008 to May 2009.
Allocated funds must be expended by the jurisdiction or agency within three years. The
maximum amount that can be given to service organizations is 15% unless organizations are
addressing "bricks and mortar." The definition of service organization as it applies here per the
County Community Development Division is those organizations concerned with employment,
crime prevention, child care, health, drug abuse, education, fair housing counseling, energy
conservation, welfare, (excluding payments) homebuyer down payment assistance or
recreational needs.
For the past few years, the City has used its jurisdictional allocation of funds for infrastructure
improvements on 41 st Ave. Prior to that, the City primarily gave its funds to non-profits
including, at one time all of the allocation to the Jefferson County Housing Authority. The City
also has set aside funds frorn the General Fund for distribution to non-profits.
ISSUES:
In recent years, the City has not had a policy providing direction for use of its CDBG funds. In
an effort to ensure the best use is made of CDBG funds in achieving City goals, it has been
suggested a policy be developed to provide guidance on where funds should be expended. The
Neighborhood Revitalization Strategy (NRS) was developed in 2004 and approved in 2005. It
creates a vision and course of action for the City to make it a more desirable place to live.
Logically, the NRS could be used to provide guidance on the expenditure of CDBG funds.
Key strategies of the NRS are:
1. Develop new market rate housing at key locations throughout the City.
2. Acquire, upgrade, and sell out-of-date housing stock at key locations.
3. Improve existing multi-family rental property at key locations.
4. Redevelop Wadsworth Corridor.
5. Develop W. 44th Ave. into an 'Orchard District."
3
6. Accelerate and shape the development along 38th Ave.
7. Develop a town center.
8. Continue to increase the visibility and accessibility of the Wheat Ridge open space.
9. Develop identity signage and gateways and improve the City' general appearance.
Policv for use of Wheat Ridl!e CDBG Funds:
The following is a draft policy for use of City CDBG funds.
The City shall use CDBG funds to support implementation of the City of Wheat Ridge
Neighborhood Revitalization Strategy. This includes 1) revitalization and infrastructure
improvements to distressed commercial corridors and low to moderate income neighborhoods to
eliminate slum and blight, 2) improvements to residential housing through the rehabilitation of
existing rental and owner occupied housing, 3) initiatives to increase home ownership, and 4)
economic and community development and redevelopment opportunities and programs.
POTENTIAL PROJECTS FOR USE OF CDBG FUNDS:
44th Ave. and Wadsworth Blvd.:
CDBG funds could be used for the acquisition ofland and redevelopment of the southeast corner
of 44th Ave. and Wadsworth Blvd. While this could be an eligible activity, there would be
"strings" attached to the use of the funds that could potentially limit future uses and development
of the site. Potential developers looking at the property could see the need to meet federal
guidelines and regulations as a detriment to developing the property.
CDBG funds cannot be used for the general conduct of government such as a City Hall. Ifthe
City wanted to locate any City offices here, it is possible it could be done since a mixed-use
development is being proposed, but there would be criteria that would need to be met again,
potentially putting limitations on future development.
As an informational note, the City's Urban Renewal Authority, in conjunction with WR2020,
subrnitted an application for County CDBG funds for the acquisition and redevelopment of the
site. The request was for $300,000. On December 20, the County Community Development
Advisory Board recommended funding of $179,000 for this project.
Give City allocation to WR2020:
Another option is to give the City's jurisdictional allocation to WR2020 since they are already
doing some CDBG eligible activities. This could potentially offset the General Funds the City is
currently providing WR2020 for their operations. Using CDBG funds to cover part of the
amount given to WR2020 could free up the unrestricted General Fund dollars to use as the City
sees fit. The City could use the General Funds towards 44th Ave. and Wadsworth Blvd. without
having to deal with the federal "strings." WR2020 could use their General Fund dollars for 44th
Ave. and Wadsworth Blvd. and use CDBG funds for their CDBG eligible activities. An
advantage of this is that it keeps flexibility in the potential development for 44th Ave. and
Wadsworth Blvd., and the CDBG "strings" do not become a negative factor as the City looks at
partnering with developers who might not see use ofCDBG funds as part of their development
program.
4
(
If CDBG funds were given to WR2020, they would need to be sure they are expending the funds
according to federal guidelines and regulations for eligible activities. WR2020 would be
responsible for the administrative functions and federal reporting requirements associated with
the use of CDBG funds.
Non-orofits reouestinl! funds from the City:
Jefferson Countv Housine: Authoritv -
The Jefferson County Housing Authority requested $100,000 from the City's jurisdictional
allocation for their Housing Rehabilitation Program. The Program provides assistance to low-to-
moderate income homeowners in Jefferson County for essential home repairs and necessary
improvements to their homes.
The County has $335,000 in 2008 CDBG funds available for competitive applications from non-
profits or govemmentalagencies. The Jefferson County Housing Authority applied for $100,000
for their Housing Rehabilitation Program to this County source of funds. This project is being
recommended for funding by the COlmty Community Development Advisory Board.
Senior Resource Center -
Senior Resource Center (SRC) requested $50,000 from the City's jurisdictional allocation for
their program. The SRC provides centralized and coordinated services to assist seniors in
maximizing their independence. Their services include transportation, in-home care, adult day
care services and case management. They provide services metro-wide.
The SRC has applied to the County through their competitive application process for $30,000
which was awarded.
RECOMMENDATION:
In a memo dated November 29,2007 Mayor DiTullio recorumended $50,000 be given to the
Jefferson County Housing Authority, $50,000 be given to the Senior Resource Center and
$500,000 be used for the 44th Ave. and Wadsworth Blvd. project.
Staff recommends, pending discussions with WR2020, CDBG funds be given to WR2020 to use
in implementing CDBG eligible activities. This could free General Funds the City could put
towards the 44tl1 Ave. and Wadsworth Blvd, project. This would achieve the same result as the
Mayor's recorumendation and it would keep the 44th Ave. and Wadsworth Blvd. project free of
the federal "strings" attached to the use of CDBG funds.
Attachment:
Memo from Mayor DiTullio dated 11/29/07
5
City of Wheat Ridge
Office of the Mayor
Memorandum
TO:
City Council
cc:
Randy Young, City Manager
Patrick Goff, Deputy City Manager
Ken Johnstone, Community Development
Terrell Williams, WRURA
Rob Osborn, WR2020
FROM:
Mayor Jerry DiTullio
DATE:
11/29/2007
SUBJECT: Wheat Ridge Community Development Block Grant (CDBG) allocations
The City of Wheat Ridge has approximately $600M available in CDBG funding and Council
must allocate the funding to specific projects for 2008. The Jefferson County Housing Authority
(horrle rehabilitation loans/grants) and the Senior Resource Canter (ne'N building construction
at 32nd/Chase St) have asked for funding from Wheat Ridge in 2008 at a recent study session.
The City, the WRURA and WR2020 are also making progress in the redevelopment of the SE
corner of 44th Ave. and Wadsworth Blvd. The WRURA will have land banked most of the
property by the end of January 2008. WR2020 has drafted some conceptual development
plans for the site. The site is going to require infrastructure additions and improvements such
as improved water lines, roads, curb, gutter, sidewalk, street lighting, etc.
Wheat Ridge should support our Jefferson County partners since both organizations assist and
benefit Wheat Ridge citizens and seniors. I would like to recommend the following allocation
strategy to Council for 2008:
. $50M
. $50M
. $500M
Senior Resource Center (new building construction)
Jefferson Count~ Housing Authority (home rehabilitation loans/grants)
SE corner of 44t and Wadsworth Blvd. (infrastructure and/or library)
Please feel free to share this memo and to contact me with any questions.
Thanks.
ATTACHMENT 1
Community Development Block Grant
Examples of eligible activities
~ Acquisition for public purpos~
~ Public facilities and improvements
til Completion of urban renewal projects
l!! Rehabilitation activities
11 Homeownership assistance
r3 Renovation of closed building
t:! Special economic development activities
Community Development Block Grant
1
Community Development Block Grant
CDBG in Jefferson County:
" County receives an annual allocation of COSG funds
for use in incorporated county and four non-
entitlement jurisdictions
III County distributes jurisdictional funds to Edgewater,
Golden, Mountain View and Wheat Ridge based on
population
" County retains pool of funds for competitive
applications from non-profits and jurisdictions ~ 2008:
5335,989
Community Development Block Grant
Potential uses of City's jurisdictional funds:
" Mayor DiTullio's memo dated 11/29/07
c City expend at 44th Ave. and Wadsworth Blvd.
" Give funds to WR2020 to replace general fund
allocation
" Other redevelopment efforts?
Non-profit organizations making official requests
for funds
Jefferson County Housing Authority
SenIor Resource Certter
Community Development Block Grant
Wheat Ridge's jurisdictional allocation:
.20D75333.33S
. laOS ~>l'rll~kd 5300,00,;
Guidelines for use of funds:
funds sl10uld b~ earll1ad,,,,,t for praj~rt ". ,Ilie\ lb'~e \,~~r5 .1nd "xpcnjed ,.-,,111;11 5
}'"a,s
fundl";Jc}'tlenJ11sJuneltll<oLJgllr'lay31
Poss,nl" to ac",mul~t~ 2007. 2005 ~nd 2009 atlo'a:,~ns
r'ia>,tllurn 15" 10 pLJbllC "~""c~o'g;"""llioll' unless d'J,ng '])roc" ~nd """I""
Previous City projects have included illfrastructllreirllproveme~ts,
a5sistallce to Iloll-proflts and streetscape IInprovelll€llts 011 38-' Av e.
Community Development Block
Grant
Mayor DiTullio's Memo recommended:
l:.i $50/000 to Senior Resource Center
!:I'$50/000 to Jefferson County Housing
Authority
E:l $500,000 to SE corner 44th Ave. and
Wadsworth Blvd. (infrastructure and/or
library)
2
Community Development Block Grant
City expend at 44t1; Ave. and Wadsworth
Blvd.:
tJ Could be used to assist in acquisition and
redevelopment of this site such as public
improvements but there would be "strings"
attached
'" Developers could potentially see use of CDSG
funds as a detriment
Community Development Block Grant
Next steps:
" WR2020 release RFQ for 44111 Ave. and Wadsworth
Blvd. to access developer interest and whether CDBG
funds would be a detriment
" Work vvith WR2020 and the County to identify COBG
eligible activities that would assist them in meeting
their goals
" If giving funds to WR2020 not feasible, explore other
City use of funds such as corridor redevelopment
" After gather more information, bring back to City
Council for further discussion and action
Community Development Block Grant
Give funds to WR2020 to replace general fund
allocation:
WR2020\'.'{Jscrealecl 10 lInderlakc econolllic and COllllllunily
developmenl<lcliviliesinlheCity
WR2020 already cloirlg sOlllr CDBG eligilJlc activili(~s
I'Jecd10 clcarll' irlelllifyr.li(jilJleprojectsorprograIl15sothClI
"slriI1Qs"arenol detrimcllttoWRm;'Oat;ilitytoflllfilltlH'lr
missiollofcconolllicall(lcorlllllllnilyd('velo!Jll1clll
POlerlji"llycoul(lfrceCitY(Jf'lwraIIUllthlospcnrldsc.".'lieJe
SUCllClS44"'Ave,ilfldWads'."IortllBlvcl...:itlio\ltfcci('rill
"strings"
3
~"<,
~.,- City of
~~Wheat~ge
-( . COMMUNITY DEVELOPMENT
Study Session
January 7, ZOOS
Item 3.
Draft Memorandum
TO:
Mayor and City Council
FROM:
Randy Young, City Manager
Kenneth Johnstol:. Director,rf comm~ty Development
Janua 2008"'" .'
THROUGH:
DATE:
Adoption the Neighborhood Revitalization Strategy as an Amendment
t~~e 2ity's Comprehensive Plan ~,.-
BACKGROUND: ~ .' 'P
The City contracted with Winston Asso' es~~
revitalization strategy f~it at .
of a document entitled "Reposi . Whea
(NRS). On July 25, 2005, after . ety 0
develop the document, City Co I ado
findings and recommendations that
City Council's acceptance of th
that the NRS is in many ways n t
is very aggressive in its reco
to achieve the goals of the d.
SUBJECT:
---'
d
the development
zation Strategy"
ere used to help
s2005, which accepted the
Iples for revitalizing the City.
eed a bold decision, to the extent
ent of the current state of the City and it
at changes the City needs to consider in order
SUMMARY OF THE NEIGHBORHOOD REVITALIZATION STRATEGY:
There is a great amount of useful analysis, findings and recommendations in the NRS. The
document is organized into three parts A) introduction and overview; B) findings on key
indicators; and C) implementation recommendations broken into 3 parts: 1) The Plan; 2) The
Tools; and 3) The Activities.
Early in the document, the overall approach to revitalization is characterized in a simplified 3-
pronged approach:
1. Fix Some Things
2. Make Some Things Great
3. Keep What is Good
That simplified approach is further broken down in Section C) of the NRS, which is what this
summary will focus on.
1
The Plan: The overall goal ofthe NRS is to "reposition Wheat Ridge in the rnarketplace".
The report identified 6 general categories of activities that are needed to improve the image of
Wheat Ridge.
1. Address visually unattractive/eyesore areas.
2. Create recognizable "Gateways" to Wheat Ridge
3. Increase the visibility of open space in Wheat Ridge
4. Promote/improve Wheat Ridge's rural qualities
5. Promote/improve Wheat Ridge's historic qualities
6. Market Wheat Ridge as a Communitv of Choice
The Plan also emphasizes 4 targeted redevelopment areas:
1. Redevelopment of the Wadsworth Corridor
2. Accelerate and shape the development of3Sth Avenue
3. Development of 44th Avenue into an Orchard District
4. Development of a Town Center
The Tools: Seven "tools" are identified as being needed to be able to implement the
recommendations of The Plan.
I. Subarea Planninl! for nortions of Wheat Ridl!e. Subarea plans lay the framework for
defined geographic areas within the City. They facilitate redevelopment efforts and give
more predictability to implementation efforts such as rezoIling applications or the
development of overlay zones. Subarea plans have recently been completed for the
Northwest Subarea, portions of 44th Avenue ("Fruitdale") and the Wadsworth Corridor.
2. The Citv's Comnrehensive Plan. The report indicates that the City's Comprehensive
Plan is out of date and needs to be updated. A specific issue identified to be addressed in
that update process is the location of a tov.'11 center.
3. An undated set ofZoninl! Codes and Land Use recommendations. The NRS recommends
an update to the City's development reguJations to allow for development patterns that
strong households desire: pedestrian friendly; mixed use, higher density, upscale shops
and architectural quality.
4. The work ofbudl!etinl! and canital investments. Every effort should be made to prioritize
capital improvement investments in the areas targeted for redevelopment in the Plan.
5. Economic Develonrnent. The economic developmentchallenges that the NRS
recommends be addressed include the following:
a. Increase aggregate buying power by growing either (or both) the number of
households or the disposable income of Wheat Ridge households.
b. Improve the aesthetics of existing commercial real estate and upgrade facilities in
terms of ease of access and the quality of the shopping environment.
c. Create a regulatory enviroument and business culture of a sort that rnakes
businesses want to take risks.
6. Urban Renewal and Eminent Dornain. The report acknowledges that urban renewal and
eminent domain are tools that may be needed to facilitate some of the recommended
redevelopment goals; though they should be used with caution and fairness.
7. Transnortation Planning. The NRS notes that the transportation system is integral in
defining the commnnity's image. Wadsworth Boulevard and the proposed transit station
were identified as areas where the City has opportunities to create an enhanced image
through coordinated transportation and land use planning efforts.
2
(
The Activities: The NRS identifies three central recommendations in this section:
1. All nine of the following strategies must be implemented (see below).
2. Wheat Ridge must overhaul how the City and residents manage change.
3. Wheat Ridge rnust create a public, nonprofit corporation capable offacilitating and
encouraging appropriate development in Wheat Ridge.
The Strategies:
1. Develop new market rate housing at key locations throughout the City.
2. Acquire, upgrade and sell out-of-date housing stocks throughout the City.
3. Improve existing multi-family rental property throughout the City.
4. Redevelop Wadsworth Corridor.
5. Develop West 44th Avenue into an Orchard District.
6. Accelerate and shape the development of38th Avenue.
7. Develop a Town Center.
8. Continue the development of Wheat Ridge Open Space.
9. Develop signage and enhance gateways and improve the City's general appearance
(beautification).
STAFF RECOMMENDATION:
The findings of the NRS were adopted by City Council on July 25, 2005. Resolution No. 36
resolves "that the Wheat Ridge City Council does hereby accept the Neighborhood
Revitalization Strategy report, Repositioning Wheat Ridge, and establish its findings and
recommendations as guiding principles for revitalizing the City." Certainly that adoption
process provided clear direction to the citizenry and City staff that City Council intended to
i111plenlent the recoITuuendations contail1.ed in L~e NRS. That stated, staff is suggesting "llJ.at the
City Council go one step further and adopt the NRS as a formal amendment to the City's
Comprehensive Plan. Why do we make that recommendation?
1. The NRS has numerous recorumendations that relate to Comprehensive Planning, both
substantive land use recommendations and procedural recommendations in regards to
improving the City's land use entitlement processes.
2. The existing Comprehensive Plan recommends that as subsequent subarea plans and
studies are completed (such as the NRS), they be adopted as Amendments to the City's
Comprehensive Plan.
3. Adoption as an amendment to the Comprehensive Plan requires a hearing before the
Planning Commission, which presents an opportunity to better familiarize that body with
the recommendations of the NRS and how it should impact many aspects of their
decision making processes.
4. While the Comprehensive Plan is an advisory document for the City Council, it is also a
document that City Council and City Staff are required to reference and be consistent
with when making land use decisions ranging from rezonings to subdivisions to
vanances.
5. Adoption as an amendment to the Comprehensive Plan eliminates ambiguities that
currently exist between the two documents. There are numerous recorumendations in the
NRS that are in conflict with the current (2001) Comprehensive Plan. Adoption of the
NRS as a Comp Plan Amendment will clarify that the NRS is now the controlling
document in those instances.
3
6. As staff works on zoning code text amendments in 2008 and beyond, we have a clear
basis for proposing those changes based on numerous citations in the NRS.
7. Adoption of the NRS as an amendment to the Comprehensive Plan sets a clear tone for
the direction of the Citywide Comprehensive Plan Update when that process begins later
in 2008.
8. Adoption of the NRS as an amendment to the Comprehensive Plan will further support
WR2020 in its implementation efforts.
REQUEST FOR CITY COUNCIL DIRECTION:
If so directed by City Council, Staff will begin the process of moving forward adoption of the
NRS as an amendment to the City's Comprehensive Plan. Amendments to the
Comprehensive Plan require review and a recommendation be made by the Planning
Commission after conducting a public hearing. Staff would recommend proceeding with
such a hearing in February 2008. Based on the extensive public outreach that occurred
during the initial development of the NRS, staff is not recommending additional public
workshops or open houses that would typically occur with a Comprehensive Plan
Amendment.
4
I NRS - "Repositioning Wheat Ridge"!! -
Adoption as a Comp Plan Amendment
I Neighbomood Revitalization Strategy-
"Repositioning Wheat Ridge"!!
. City Council questions and comments
. Agenda Item #2 - Code Amendments to
Facilitate WR 2020's NRS Imolementation
Efforts
. Process to move forward
o Planning Commission Study Session
o Planning Commission public hearing
lJ Additional Public Outreach?
Q City Council Public Hearing
I NRS - "Repositioning Wheat Ridge"!! - Code
Amendments to Facilitate WR 2020 EffoItS
I NRS - "Repositioning Wheat Ridge"!! - Code
Amendments to Facilitate WR 2020 EffoItS
. 'Wheat Ridge must overhaul how the City
and residents manage change"
. "Create an open for business altitude"
. 'Develop a more flexible zoning framework"
. Streamline and make the entitlement process
more predictable
. The message was and is clear. . . NRS
recommends dramatic change in many
regards
. Many things have been achieved in the short
time since the NRS was completed
. More work left to be done
lii "Create a regulatory environment that makes
businesses want to take risks"
I NRS - "Repositioning Wheat Ridge"1! - o,c!e
Amendments to Facilitate WR 2020 EffoItS
I NRS - "Repositioning Wheat Ridge"!! - Code
Amendments to Facilitate WR 2020 EffoItS
. What's Been Done So Far?
Cl WR 2020 Creation and early successes
. What's Left To Do?
o City and WR 2020 staff have had several
brainstorming meetings
Q Still some fundamental obstacles both procedural
and development standard related
a Obstacles remain in Charter, Comprehensive Plan
and Zoning and Development Code
o Some Very Political, Some Technical, Some
easier to change than others
o Subarea Planning - increases predictability
o X~Process
ASDM - predictability
. Administrative variances - flexibility
. ODP process more flexible with clearer approval criteria
3
! NRS - "Repositioning Wheat Ridge"!! - Oxle
Amendments to Facilitate WR 2020 Efforts
I NRS - "Repositioning Wheat Ridge"!! - Oxle
Amendments to Facilitate WR 2020 Efforts
. A Few Examples (many will be familiar)
a Charter Limits on Density and Building Height
Q Charter procedures regarding legal protests from
adjacent property owners
o No City-initiated "up-zonings"
Q Redevelopment requires "planned" zoning districts
a Zoning districts densities more restrictive than
Charter
a Code is old and many times amended
. Staff Proposal
o Big political challenge
Q Change will take time
o Recommend a phased approach
o Can't ignore the big issues
a Competitive real estate market environment
o Rely on direction from NRS to move forward
o Prop.osal - Come back with more specifics and a
short, mid and long-term plan
I NRS - "Repositioning Wheat Ridge"!! - Code
Amendments to Facilitate WR 2020 Efforts
. City Council Questions I Discussion I
Direction
4
~\.j<,
~" City of
~~Wheat~ge
-' COMMUNITY DEVELOPMENT
i
Study Session
January 7, ZOOS
Item 4.
Memorandum
TO:
Mayor and City Council
THROUGH:
Randy Young, City Manager
FROM:
Kenneth Johnsto1;, Direct:af comm~ty Development
January ,2008 ~
DATE:
SUBJECT: Implement ion of Zoning Code Amendments to facilitate work of
V{!2022 implementing the NeighborhoG.~Vitalization Strategy
OUTLINE OF THIS ~ORANDUM: ... ';I. .
1. Background ofNe~borhood ,,~
2. Su.'1l1lla.'y of ~ent' fort
3. Summary of Addition lemen
4. Request for City Co irecf
BACKGROUl\TD o:r-~ l"~EI B
A primary objective for the ty ommunity Development Department is
to keep moving forward in imJil als of the Neighborhood Revitalization
Strategy (NRS). The NRS~i(a policy document that City Council cornmissioned
and accepted the findin 5. Many of the recommendations within the NRS relate to
land use issues acT s e City, including reconunendations regarding specific land use
regulations and processes, as contained in Chapter 26 ofthe City Code (Zoning and
Development).
In numerous places, the NRS recommends that the City's Zoning and Development
Regulations be updated both substantively and procedurally. Following are a few examples of
some of those recommendations.
In the "Tools" section of the document, recommendation #3 is to
"update the zoning codes and land use regulations. "
The "Activities" section of the report contains additional reconunendations pertaining to the
City's land use and zoning regulations.
Recommendation #1
I
The first recommendation in this section of the report includes nine specific "strategies", all of
which relate to specific land use and planning recommendations such as the following:
. Redevelop the Wadsworth Corridor
. Develop a Town Center
. Accelerate and shape the development of the 38th Avenue corridor
The ability to implement all of those land use strategies requires those development efforts
comply with and be approved through the City's zoning and development regulations.
Recommendation #2
The second recommendation in the "Activities" section of the report states the following:
"Wheat Ridge must overhaul how the City and residents manage change."
Some of the specific strategies listed for this recommendation include the following:
. Update zoning and related codes
. Update Comprehensive Plan
. Create a new "open for business" attitude
. Presence of a "rapid response" capacity in planning
. Develop a more flexible zoning framework
Recommendation #3
The third recommendation in the "Activities" section of the report states the following:
"Creation of a public, non-profit corporation capable of facilitating and encouraging
appropriate development in Wheat Ridge"
Wheat Ridge 2020 was the organization created by City Council in response to this 3,d
recommendation. They are actively pursuing the goals, strategies and recommendations of
the NRS on a variety of fronts. However, they have also identified sorne specific obstacles to
achieving the goals of the NRS, as a result of provisions within the City's land use
regulations. Specifically, there are obstacles in the City Charter and Chapter 26 of the
Municipal Code (Zoning and Development).
WHAT'S BEEN DONE SO FAR
Subarea Plans: The City has been proactive in taking the recommendations of the NRS and
has embarked on several subarea planning processes. In the past two years, subarea plans
have been adopted for the following: 1) Northwest Subarea, which is the site of a future light
rail station as part of the region's FasTracks transit program; 2) Fruitdale Subarea Plan, a
corridor plan for portions of land adjacent to 44th Avenue; and 3) Wadsworth Corridor
Subarea Plan.
As directed by City Council, staff is focusing regulatory implementation efforts first on the
Northwest TOD subarea.
2
(
X-Process: The City initiated the X-Process as recommended out of the NRS in an effort to
provide some streamlining of the development review processes. In May 2007, City Council
adopted by ordinance several amendments to the City's zoning and development code. Some
examples of the streamlining include the following:
. A revised Architectural and Site Design Manual was adopted and provides more
specific guidance for land use applicants on the City's requirements for site planning,
urban design and architecture in 3 different character zones (Traditional,
Contemporary and Suburban).
. Approval criteria for rezonings, final development plans and variances have been
clarified and simplified.
. The threshold for administrative variances has been reduced from 10% of the
applicable development standard to 50% ofthe applicable standard.
. The. Official Development Plan rezoning process has been changed to provide two
options for land use applicants: I) a detailed ODP that makes possible an
administrative final development plan (FDP); and 2) a more conceptual ODP process
that then requires additional public hearings for the more detailed ODP.
WR2020 Successes: WR2020 is working actively to 1) improve the market for residential
housing; 2) strengthen neighborhoods; and 3) position Wheat Ridge for commercial
redevelopment.
.
WR2020 is leading by exarnple in acquiring and then redeveloping or upgrading
existing residential properties. Six properties are currently under development and 12
families have been given home rehabilitation loans to make their own reinvestments.
'''D''''2'' has ac",,'.aA o~';^~s'" ~"Mhasa se've-011my M~~e'c'a' .aAa'va1^-me-t
\IV ~~v v~.I. "fuu....u puvu LV p........."'U_...., .lu..l n.."" ....V.l,U.lU.l .I. .1 J.\.JU\.I \.I.lUp J. u.
properties and is working pro actively to plan for and position these properties in the
marketplace.
WR2020 is promoting strong neighborhood building through neighborhood cleanup
programs, landscaping demonstration projects and leadership development through the
Planning and Development Academy.
e
.
WHAT'S LEFT TO DO?
Despite all this excellent and commendable progress to date, there remains work to be done if
we want to fully embrace the recommendations of the NRS and facilitate redevelopment and
reinvestment opportunities in strategic locations in the City of Wheat Ridge. City Staff, have
met several times with WR2020 staffto identify additional code changes that might address
obstacles that WR2020 has experienced in their efforts to implement change over the past two
years. In those meetings, we have not been able to identify a simple, short list of potential
code changes that would facilitate WR2020' s redevelopment efforts. There are a variety of
different sections of the code that relate to 1) the procedures for obtaining land use
entitlements and 2) various development standards that remain obstacles to the types of
redevelopment envisioned in the NRS. Many ofthe remaining changes have significant
community-wide policy impacts. Following is a partial list of some of the Comprehensive
Plan, City Charter and Code issues that the City should consider addressing. Many of these
will certainly be familiar to City Council.
3
. Citywide Comprehensive Plan Update to align with redevelopment opportunities
identified in the NRS
. Density and Height Restrictions in the City Charter
. Charter Procedural Requirements that allow a small number of property owners to file
a "legal protest" opposing a rezoning request, triggering greater approval processes
with the City
. City Initiated "Up-zonings" are not allowed - the City's ability to pro actively rezone
land to encourage redevelopment is very much harnpered by this provision
. Zoning Code requires Planned Districts - No "Straight" zoning districts are available
for redevelopment, thus necessitating a sometimes arbitrary negotiation between City
and developer, which increases risk and uncertainty for a developer or investor
. Planned zoning districts extremely difficult to change over tirne (require consent of all
affected property owners, which can be dozens or more over time)
. Planned Residential, Planned Mixed Use and R-3 Zone Districts allow only 16 du/acre
- more restrictive than the Charter
. Difficult to assemble land to achieve MF redevelopments under existing zoning
Fundamentally, like many communities, Wheat Ridge's zoning code is 30+ years old and was
developed under much different circumstances for the City. Amendrnents over the years have
resulted in an oftentimes complicated and cumbersome document. Many parts of the Code
still send a message to the development community that Wheat Ridge is not quite "open for
business" and perhaps hot fully ready to embrace change and redevelopment in the
opportunity areas identified in the NRS.
REQUEST FOR CITY COUNCIL DIRECTION
Staff understands and appreciates that these are challenging community issues. We also
acknowledge that significant progress has been made. However, we feel compelled to call
attention to the remaining issues, which we believe to be significant impediments to the future
Wheat Ridge envisioned in the NRS.
City and WR2020 staff would request the ability to further flesh out a list of these Charter and
Zoning Codes issues. We would request the ability to come back with a more comprehensive
approach and strategy. We recognize that a phased approach to change will be necessary.
However, we also want to further discuss priorities in the short term in order to begin to
attract the type of redevelopment and revitalization that is recommended by the NRS.
4
AttaChment A
'I~ ~ts
~
\
X\ .12,500,000
1
~
$1,500.000
2
$2.150.000\ 101' 4
-
3
x\ w",j "",,,,";
4
~ $11,500,000
5
$3.400.000
6
\ \
t \ 7 $3,700.000
-
II
$10,300,000\ $75,850,000
$2,800,000
$7,000,000' 10l'.10
9
\0
rr#l
Illll,,,genCY warning systelll
302
11