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HomeMy WebLinkAbout11/28/2005 (:({) ~Ii 6:30 p.m. Pre-Meeting :I 1 I , JjY7Jx.'t<1c/1 h~:'{l~~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 28,2005 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF November 14,2005 PROCLAMATIONS AND CEREMONIES Oath of Office for Mayor-Elect Jerry DiTullio and Councilmembers-Elect Terry Womble, Dean Gokey, Mike Stites, and Lena Rotola RECEPTION CITIZENS' RIGHT TO SPEAK 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard APPROVAL OF AGENDA Item 1. CONSENT AGENDA: A. Cancel City Council Meeting scheduled for December 26, 2005 ./ ,- B Approval of the Revised Personnel Policies. C Approval of Renewal of Kids' Nite Out Program Contract for a period of 18 months 125' CITY COUNCIL AGENDA: November)...(2005 Page -2- D RESOLUTION 54-2005 - AUTHORIZING SUBMITTAL OF THE APPLICATION FOR A 2006 JOINT VENTURE/GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE FOR CREEKSIDE PARK RESTROOM/CONCESSION BUILDING. E RESOLUTION 55-2005 - AUTHORIZING SUBMITTAL OF THE APPLICATION FOR A 2006 JOINT VENTURE/GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE FOR THE REPLACEMENT OF THE BALLFIELD LIGHTS AT PROSPECT PARK. F Acceptance of findings memorializing Councils' decision regarding tabling indefinitely Council Bill 16-2005 - an Ordinance providing for the approval of rezoning from Planned Industrial Development (PID) and Industrial (I) to Planned Mixed Use District (PMUD) for property located at 5060 Ward Road, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-05-07) (IBC Holdings) EMERGENCY ORDINANCE Item 2. EMERGENCY ORDINANCE 1354 -AN ORDINANCE TEMPORARILY SUSPENDING THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR BUILDING PERMITS AND LAND USE APPROVALS WITHIN A PORTION OF THE CITY OF WHEAT RIDGE (area generally bounded by W 52nd Avenue on the north, Tabor Street on the east, West 1-70 Frontage Road North on the south, Ward Road on the west) \ " \ DECISIONS. RESOLUTIONS. AND MOTIONS Item 3, Appointment of Mayor pro tem and Council President. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT miamlmrMDmmB CITY OF WHEAT RIDGE, COLORADO November 14. 2005 Mayor pro tem Schulz called the Regular City Council Meeting to order at 7 00 P m Mayor Gretchen Cerveny was absent due to health reasons. Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites. Also present: Deputy City Clerk, Christa Jones, City Manager, Randy Young, Deputy City Manager, Patrick Goff; City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff: and interested citizens APPROVAL OF MINUTES OF October 24.2005 Motion by Mr DiTullio for the approval of the Minutes of October 24, 2005, seconded by Mrs Sang; carried 8-0 PROCLAMATIONS AND CEREMONIES Council President Lena Rotola presented outgoing City Councilmember Jerry DiTullio an Elected Officials' Service Award He has been on City Council for 10 years She noted that Mr DiTullio is not going away, he is our new Mayor Jerry DiTullio thanked the citizens of District I for allowing him to serve the last 10 years He is looking forward to representing the City of Wheat Ridge as the new Mayor He guaranteed that the Mayor's office would be very pro-active and he envisions a very productive 4 years He congratulated Mr Terry Womble, who has replaced him in District I He is looking forward to working with Terry and the rest of City Council A brief reception was held at 7 05 Meeting resumed at 7 19 P m Deputy City Clerk, Christa Jones, read a public announcement prepared by City Clerk, Pam Anderson, into the record The announcement explained why the swearing in of the new Mayor-elect and Councilmember-elect would take place on November 28,2005 There will be a reception and photo opportunities. CITIZENS' RIGHT TO SPEAK Janelle Shaver, representing the Arts Council of Wheat Ride, announced a 2005 Wheat Ridge Christmas lighting and decoration contest. It will be sponsored by the Arts Council They will provide further information CITY COUNCIL MINUTES November 14, 2005 Page -2- Louise Turner asked that the City continue publishing Ordinances etc. in the Wheat Ridge Transcript. APPROVAL OF AGENDA Motion by Mr DiTullio to add an Emergency Ordinance adopting a temporary moratorium on acceptance and processing of applications for building permits and land use approvals within a portion of the City of Wheat Ridge generally bounded by W 52nd Avenue on the north, North 1-70 Frontage Road on the south, Ward Road on the west and Tabor Street on the east. This will be Item 2. A. Seconded by Mrs. Rotola; carried 8-0 Item 1. CONSENT AGENDA: A. Acceptance of Quit Claim Deed and approval of Easement Agreement for Municipal Maintenance Facility Access. B Approval of Payment to CIRSA for deductible portion of claims paid by CIRSA for September 2005 property casualty in the amount of $29,218,56. Consent Agenda was introduced and read by Mr. DiTullio Motion by Mr DiTullio for approval of the Consent Agenda, seconded by Mrs. Sang, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 16-2005 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM PLANNED INDUSTRIAL DEVELOPMENT (PID) AND INDUSTRIAL (I) TO PLANNED MIXED USE DISTRICT (PMUD) FOR PROPERTY LOCATED AT 5060 WARD ROAD, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO WZ-05-07) (CASE NO WS-05-02) (IBC HOLDINGS) Council Bill 16-2005 was introduced on second reading by Mrs Rotola, executive summary was read by the Deputy City Clerk. Mayor pro tem Schulz opened the public hearing Travis Crane, Wheat Ridge Community Development Department, was sworn in by Mayor pro tem and presented the staff report and entered the Comprehensive Plan, Zoning Ordinance, Subdivision Regulations, Case File, Packet Materials and digital presentation into the record All notification and posting requirements have been met and Council has jurisdiction to hear this case CITY COUNCIL MINUTES November 14, 2005 Page -3- Rick Gunter, architect for this project, was sworn in by the Mayor pro tem. He showed a digital presentation of the proposed project. They are only interested in developing the middle part of the property right now and leaving the rest for future opportunities. They are reinventing the existing warehouse into a full blown office building They will be sure to follow all the laws as it pertains to drainage More landscaping will be along the outside of the property facing the major streets and less on the inside They have complied with all of the Planning Commission recommendations. Blaine Mott, ICB holdings, was sworn in and stated he was excited about the project. One of the buildings has been renamed "Studio 10" It is the former Jolly Rancher Warehouse They have run into a number of companies who are involved in the Arts in one way or another and who are interested in moving to Studio 10 He will also move his own company into Studio 10 The following speakers were sworn in by the Mayor pro tem. Mike Camp, Marketing Agent on the property, projected that there will be a strong demand for the type of space ICB Holdings is offering They are projecting that this will be very successful and bring high quality jobs to the City of Wheat Ridge Shaun Baker, property owner immediately south of subject property, stated he had concerns about land being taken away from him for a deceleration lane He was told that it would be about 120 square feet. The bigger picture is about traffic exiting and entering from 50th Avenue & Ward Road He wondered if there was another solution rather than a deceleration lane and he is worried about having some eminent domain forced on him He asked that the item be continued to allow everybody to get together and come up with a solution He does not have a drainage problem on his land, but knows that other people do Bob Harmsen, property owner east of proposed site, had issues with horrendous traffic and drainage problems in the neighborhood, as well as the train traffic. He is also concerned about the traffic flow through the property He asked for a continuance until some of the problems can be addressed John Cillessen, owns the property at 12200 West 52nd Avenue He addressed the situation with the Fire House across the Street, the truck comes out at least 4 times a day He thinks their development looks nice He will hold further comments on the moratorium ordinance Ranya Kelly, 12681 West 49th Avenue, west side of Ward Road, has grave concerns regarding the drainage This issue has been going on for 20 some years. She presented pictures of flooding in the area. She suggested that Jefferson County, Wheat Ridge and Arvada get together and work on the drainage problems The traffic is unbelievable She has observed when a train goes across, the traffic is backed up to 20 Minutes, depending on what time of day She is not against development, but wants it done properly and it should benefit the community as a whole CITY COUNCIL MINUTES. November 14, 2005 Page -4- She thinks Council should come out and look at what office warehouse space is being rented and what is not. She hoped they would attend a drainage meeting in Jefferson County on December 8, 2005 at 3.00 p m at the Jefferson County Admin Building It is concerning drainage issues on the other side of Ward Road that are really serious. Paul Rohrer spoke in favor of the project and wants to be part of Studio 10 in what they refer to as "Jollywood" His company would benefit all existing businesses without bringing a lot of traffic to the area. Gary Pettit spoke in favor of the project and stated he is excited about being part of the Studio 1 0 part of the development. He feels they are developing a model for the office building of the future Joel Scott spoke in favor of the project. They are interested in moving their company to this location When Jolly Rancher was fully operational, they had 400 people employed Eric Weber, photographer, one of the companies who wants to move to Studio 10 He is excited about the project and feels it could be a great success and a benefit to the City of Wheat Ridge Steve Sealy and his wife own a video production company called Denver Digital. They specialize in working with non-profits and foundations They are looking forward to moving out to Wheat Ridge and to Studio 10 They want to foster a family oriented place to work, Ron Creach addressed traffic problems He owns a business at 5040 Ward Road, just south of the Jolly Rancher area. Traffic is horrid at rush hour John Geiger, owns the property directly to the south, at 12280 W 50th Place He has traffic concerns and it is getting worse with all the new developments up north He is not against the development if we can make it work with the traffic Mary Cavarra, avid supporter of Strategic Plan, and the Neighborhood Revitalization Strategy. When she reviewed the packet, she didn't think this plan would advance those goals She commended staff and the Planning Commission and the applicant for their excellent presentations and doing a lot of work that has relieved some of those concerns. The projects that are going in the immediate development are going to be very good for the City She is concerned about how many decisions Council has to make tonight. Rezoning, Outline Development Plan and the Final Plan all in one swoop Each of the 17 lots could be sold and developed independently Mike Baran is very excited about this development. He has a problem that no other road is going through the property and no plan for a road We need this kind of developer in Wheat Ridge We need to plan for the future CITY COUNCIL MINUTES November 14, 2005 Page -5- Mayor pro tem Schulz called for a brief recess at 8 53 p.m. Meeting resumed at 9'06 p m Councilmembers asked questions of the applicant and staff Mayor pro tem Schulz closed the public hearing Motion by Mrs Rotola to TABLE INDEFINITELY Council Bill 16-2005, Case No WZ-05- 07, a request for approval of a rezoning from Industrial and Planned Industrial Development to Planned Mixed Use District, and an Outline Development Plan for property located at 5060 Ward Road, for the following reasons 1 While consistent with the Future Land Use Plan designation, the application is not consistent with Plan policies A. Requiring continuous internal drives and continuous pedestrian paths connecting for adjacent businesses and streets B Allowing industrial uses that are self-contained with no visible outdoor storage C Requiring vehicular and pedestrian connections that are safe, functional and serve to reduce the necessity to use a private automobile within a quarter-mile radius D Setting out the desired character and desired attributes of Planned Business/Industrial Parks. E That all new development provides internal streets, adequate circulation and pedestrian walkways that provide non-motorized connections to adjacent development and that integrate with the City's overall street and pedestrian network. 2 That the application does not fulfill one of the purposes of a planned development district, specifically to minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation 3 A change in character to the area has not occurred Seconded by Mr DiTullio, carried 6-2 with Mr Schulz and Ms Berry voting no Mr Schulz and Ms Berry would have preferred to have the item continued rather than tabled Motion by Mr DiTullio to DENY Case No WZ-05-07, a request for approval of a Final Development Plan for property located at 5060 Ward Road for the following reason' The rezoning ordinance has been tabled indefinitely and the Outline Development Plan has been denied, seconded by Mrs Rotola, carried 6-2 with Mr. Schulz and Ms. Berry voting no Motion by Mr DiTullio to DENY Case No WS-05-02, a request for approval of a seventeen lot subdivision plat for property located at 5060 Ward Road, seconded by Mrs Rotola, carried 6-2 with Mr Schulz and Ms Berry voting no CITY COUNCIL MINUTES November 14, 2005 Page -6- Motion by Mr, DiTullio to instruct the City Attorney to prepare findings memorializing Councils' decision and to bri~g those ~ack to the November 28, 2005 Council Meeting, seconded by Mrs Sang, earned 7-1 with Ms Berry voting no Item 2.A. EMERGENCY ORDINANCE 1354 - AN ORDINANCE ADOPTING A TEMPORARY MORATORIUM ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR BUILDING PERMITS AND LAND USE APPROVALS WITHIN A PORTION OF THE CITY OF WHEAT RIDGE GENERALLY BOUNDED BY W 52 NO AVENUE ON THE NORTH , NORTH 1-70 FRONTAGE ROAD ON THE SOUTH, WARD ROAD ON THE WEST AND TABOR STREET ON THE EAST Emergency Ordinance was introduced Mr DiTullio Alan White stated that this Ordinance would place a temporary moratorium on the acceptance and processing of building permits and land use applications within the area that we are calling the northwest sub area. We are currently working on a sub area plan All land use proposals, including any rezoning, special use permits, subdivisions, outline development plans, final development plans and variances within that area would not be accepted and processed until such time as the moratorium is lifted It also would include acceptance and processing of applications for building permits for new construction of principal buildings Under the City's Charter, an emergency ordinance can only be enacted for 90 days. If we need more time we would have to come back with a non-emergency ordinance The area is bounded by West 52nd Avenue on the north, North 1-70 Frontage Road on the south, Ward Road on the west; and Tabor Street on the east. Bob Harmsen has a problem with this moratorium, but could go along with it for 90 days He suggested that a group of various agencies get together and get something accomplished John Cillessen is against this moratorium It ties the hands of the landowners in the area Ranya Kelly is concerned that the moratorium was handed to one of the Councilmembers at such a late date Shouldn't people in the community know about this? Shaun Baker is also concerned and feels the neighbors should be informed if the moratorium is extended beyond 90 days Motion by Mr. DiTullio to continue Emergency Ordinance 1354 to the November 28, 2005 City Council Meeting, seconded by Mr Gokey; carried 8-0 CITY COUNCIL MINUTES November 14, 2005 Page -7- DECISIONS, RESOLUTIONS, AND MOTIONS Item 3, RESOLUTION 53-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $110,000 FOR CITY HALL IMPROVEMENTS AND TO APPROVE THE AWARD OF ITB-05-30 HVAC RETROFIT PHASE II. Resolution 53-2005 was introduced by Mrs Adams. Motion by Mrs Adams to approve Resolution 53-2005, amending the fiscal year 2005 Capital Investment Program (CIP) budget to reflect the approval of a supplemental budget appropriation in the amount of $110,000 for City Hall improvements from the CIP fund undesignated reserves into Acct. No 30-610-800-811 I also move to award ITB- 05-30, HVAC Retrofit Phase II, to J C Brooks & Company of Arvada, Colorado, in the total amount of $544,74600 I further move that a contingency amount of $54,475 00 be approved I further move that all costs associated with this contract be paid from Acct. No, 30-610-800-811, and that these funds be encumbered for the length of the project in accordance with Ordinance No 787, 1989 Series, seconded by Mrs Sang, carried 7-1 with Mr Gokey voting no CITY MANAGER'S MATTERS Randy Young gave brief update on Cabela's. There will be an Open House on Wednesday, November 30, 2005 from 4 00 - 800 p m at the Wheat Ridge Recreation Center ELECTED OFFICIALS' MATTERS Councilmembers wished Mayor Gretchen Cerveny a speedy recovery and thanked her for her years of service to the City of Wheat Ridge She will be missed Jerry DiTullio gave update on Housing Authority project on 45th & Everett. He invited Council to go by and take a look at it. He also stated that the Christmas lighting contest would be addressed in the Cityl newsletter Karen Berry invited everybody to District I and II quarterly meeting on December 5, 2005 It will be held at the Richards-Hart Estate and will be a combination holiday celebration and there will be talks about the Wadsworth sub area plans CITY COUNCIL MINUTES November 14, 2005 Page -8- Dean Gokey asked for consensus that the findings of City Attorney Dahl regarding Special Events Liquor Licensing be forwarded to the Liquor Authority Meeting adjourned at 10 30 P m ~,,\~~~~~ \\~--=:> Christa Jones, Deputy C~ty Clerk , " APPROVED BY CITY COUNCIL ON NOVEMBER 28, 2005 BY A VOTE OF _ to _ Council President The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ITEMNO _I, A, REQUEST FOR CITY COUNCIL ACTION l-t7i~. I n[ U~ ~ j COUNCIL MEETING DATE. November 28,2005 TITLE: CANCEL CITY COUNCIL MEETING SCHEDULED FOR MONDAY, DECEMBER 26,2005 o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial o Yes ~ No A<~e~M4 EXECUTIVE SUMMARY: A City Council Study meeting IS scheduled for Monday, December 26, 2005. City Hall is closed on Decernber 26th in observance of Christmas Day. In the past, City Council meetings scheduled on the same day as a holiday have either been canceled or rescheduled to another date It is recommended that the CIty Council meetmg scheduled for Monday, December 26, 2005 be canceled. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A ALTERNATIVES CONSIDERED: An alternative to be considered for the December 26th City Council meetmg would be to reschedule rather than cancel the meeting. FINANCIAL IMPACT: N/A RECOMMENDED MOTION: "I move to cancel the City Council meeting scheduled for Monday, December 26, 2005 " or, "I move to reschedule the Decernber 26, 2005 City Council rneeting to the following date Report Prepared by: Debbie MeIxner, Executive Assistant (303) 235-2819 ITEM NO: ~. REQUEST FOR CITY COUNCIL ACTION '("$~' \ H[ [~J COUNCIL MEETING DATE: November 28, 2005 TITLE: APPROVAL OF THE REVISED PERSONNEL POLICIES o PUBLIC HEARING [gJ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date _) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes ~ No fA I /: ;ii-W./IJI/ Deputy City Manager EXECUTIVE SUMMARY: As part of our periodic "check system", Human Resources recently requested our city staff to offer comments, concerns, and/or suggestIOns for improvements on our poliCies. As a result, attached are the recommended revisions to our Personnel Policies. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The followmg IS a summary of the proposed reviSIOns: SECTION 1.8 EQUAL OPPORTUNITY POLICY (Page 1-2) 1 To comply with the current practices of Wheat Ridge and surrounding communities, the notation of "sexual orientation" has been added as an area that is protected from employment discrimination. SECTION 2.3. NEPOTISM (Page 2-1) A. - A relative may not have mfluence over a related employee's employment status m any way To ensure there is no rnisunderstandings, the language "or give continuous (not sporadic), oversight" has been added. This allows flexibility to sworn personnel when they are out in the field and may respond to a call whereby a relative may have to provide direction. SECTION 2.9 CLASSES OF APPOINTMENTS (Page 2-3) E. - Promotion - Language has been added to better describe what a promotion is and who is eligible. F - The stipulations for demotlOn have been simplified. SECTION 2.11 TRIAL SERVICE PERIOD (Page 2-4) B.2. - Return to Tnal Service explanation has been added. This is current practice, formerly known as "disciplinary probation". The language is a full explanation of what transpires when an employee's performance is failing and they are not meeting the department's expectations. SECTION 3.2. HOURS OF WORK (Page 3-1) B - MealsfRest Periods. The paragraph as a whole has been rearranged into distmgUlshable categones for clanfication purposes. In addition, rather than require employees to take a meal penod, the word "shall" has been changed to "should" This better accommodates those employees that are unable to leave their work for a lengthy period oftirne. Also, for liability reasons, language requiring "break periods" to be spent on-sight, unless approved by the employee's respective Department Director has been mserted. SECTION 3 7 PERSONAL APPEARANCE (Formerly known as DRESS CODES) (Page 3-2) The policy has been revised to better depict the City's expections with regard to ernployee's attire and appearance dunng their working hours. SECTION 3 11. PURCHASING POLlCY (Page 3-4) Language has been reVised to clanfY the C1ty'S practice with regards to purchasing. SECTION 3 12. EMPLOYMENT VERIFICATIONS/REFERENCES (Page 3 -4) To assist ernployees in finding employment when they must leave City service, language has been added to allow departments the flexibility of providmg employment recommendatIons with the protection of the pre-review from Human Resources. SECTION 5 BENEFITS, PROGRAMS, AND LEAVES (Page 5-1) The changes m th1s SECTION are noted at the top of the page - "SectlOn(s) Revised" SECTION 5 4. OFFICIAL HOLlDA YS (Page 5-2) A hohday 1S worth 8 hours and tIrne-offin excess of this must be charged to an employees other leave bank(s), (1 e., vacation, compensatory time) To ensure there is a consistent application throughout the City, language has been mserted to clarifY and reinforce the practice currently expected. SECTION 5.5 FLOATING HOLlDA YS (Page 5-2) A. - Language has been revised/dded to clarifY the holiday hourly value as noted in 5 4 SECTION 5.7. VACATION LEAVE (Page 5-3) A. - Revision of the language pertaining to monthly hourly accruals with a chart provided that specifies the rate dependent on the status of an employee added to further give clarity 0.3. - The sentence, "Employees on vacation Will be paid for eight (8) hours for each vacation day and will have (8) hours deducted from their accrued vacation entItlement has been changed to reflect the amount of time used for vacation will be pard, as well as deducted from their leave account. SECTION 5.8 SICK LEAVE (Page 5-4) B 1. - For clarity purposes, a sentence concerning accrual rate has been restructured and a sentence pertaimng to when accruals are recorded has been added. B.2. -The correct practice of recordmg sick leave accrual is has been moved from B 4 BA - The statement that employees earn and accrue sick leave from their date of hire and accrual is recorded month to month on an anniversary date basis has been rnoved to B.2 o - Reworded to clarify use of sick time may be taken for care employee's care and, If necessary, an immediate family member for events of illness, disability, medical and/or dental attention. SECTION 5.10. DOMESTIC VIOLENCE LEAVE (Page 5-7 and 5-8) ExpanSIOn of policy to provide specific eligibility and reporting requirements. SECTION 5 15 BEREAVEMENT LEAVE (Page 5-12) Currently the language depicts that only full-time employees are eligible to receive this benefit. As It does extend to regular part-time employees as well, the language has been adjusted to reflect that It applies to all "regular" employees. SECTION 5 16 EDUCATIONAL LEAVE (Page 5-12) Currently the language depicts only full-time employees are eligible to receive this benefit. As it does extend to regular part-tIme employees as well, the language has been adjusted to reflect that it applIes to all regular employees. SECTION 5 17. ADMINISTRATIVE LEAVE (Page 5-12) Further clanfication IS given that this type ofleave IS not to be taken on an hour-for-hour baSIS as It may jeopardize the exempt status of a position. SECTION 5.18. INVESTIGATIVE LEAVE (Page 5-12) This polIcy applies to only "regular" employees, thus for clarification purposes, that notation has been inserted. SECTION 5.23 LEAVE WITHOUT PAY (Page 5-14) F. - Language was added to further specify current practice regardmg the expectatIOns of an employee concerning insurance premium payments while on Leave Without Pay m excess 30 days. SECTION 6 4 PAY UPON ADDITIONAL RESPONSIBILITIES (Page 6-1) A. - The current practice of awarding a 10% pay increase to an employee that receives placernent m a position of a higher claSSification has resulted in an entry level award amount greater than other employees that have been performing withm the same claSSificatIOn for a much longer period of time, thus creating an inequatible Situation. Therefore, the language has been changed to allow for a salary placement that IS commensurate with the affected employee's qualifications. SECTION 6 6. CHANGE IN STATUS (Page 6-2) 6.6.A - Promotion - Agalll, as specIfied in 64., the practice of awarding a 10% pay Illcrease to an employee that receives placement III a posItion of a hIgher classification has created pay ineqUItIes. Therefore, the language has been changed to adjust the new salary to an amount that IS commensurate with the employee's qualificatIOns. 6 6.B 1 - Reclassification as a result of Market Study - Since a Market Study may be conducted at anytime, the language of making the effective date on the 1 st of the year following Council's approval has been changed to be effective as determined by City Council. 6 6.B.2. - ReclaSSIfication as a result of an Organizational Change - Same reasons as specified in Section 6 6.A. 6.6.B.3 ReclassificatIOn as a result of a Change III Job Duties and ResponsibilitIes - ClarificatIOn of the current practice of maklllg the new pay rate assignment to reflect the lenth of time the employee has been in the position or at a rate closest to the arnount the employee is currently earning, whichever IS greater. 6.6 C.2. - Demotion - Clarification of cUrrent practIce whereby if the employee's pay is higher than the new pay range maximurn. their salary will be frozen until such tIme, the salary range maXImum exceeds or equals the employee's pay rate 6 6.D - Lateral Change - Specific language added to clarify current practIce. SECTION 6.7. PERFORMANCE APPRAISALS (Page 6-3) C.3 - AdditIOnal language has been provided to clarify current practice of adjusting an employee's performance apprasal date when out on a paId or unpaid leave in excess ono consecutive calendar days, regardless of whether they are in a non-exempt or exempt status. C.4 - When an employee receives an Indeterminate or Unacceptable Performance Appraisal, they are to periodIcally be re-evaluated for a designated penod of time. A "Return to Trial Service" status has been added; the re-evaluatlOn of performance should occur every 30 days, (not 60 days); and the affected employee must be informed in the event that the evaluation process is extended. SECTION 6.9. OVERTIME PAY AND COMPENSATORY TIME (Page 6-4) Al - Smce the City does not necessarily give "pay" when overtirne occurs, but rather may gIves compensatory tIme off, the reference to "pay/paid" has been replaced with "compensate". A2. - The CIty issues compensatIOn for overtime hours in the form of time-off to all "regular" or benefited employees, non-benefited employees receive pay for overtIme hours worked, therefore the language has been revised to reflect current practice. A9. - To ensure there is the understanding that when an ernployee works overtime that is in excess of the maximum amount allowed, cornpensation must be made to the employee in the form of pay SECTION 6.12. LONGEVITY PAY (Page 6-5) There are no employees eligible for this benefit, therefore It is no longer applicable. SECTION 7 CLASSIFICATION POLICY (Page 7-1 and 7-2) With regard to requests for position reclassification and/or new classifications, language has been inserted to include a required explanation of how Job/duty changes with a position or an additIOnal position will assist m meeting the goals and objectIves of the CIty'S strategic planes). SECTION 8.2. EDUCATIONAL PROGRAMS ANAD TUITION REIMBURSEMENT (Page 8-1) B. - Language clanty to the intent of this program whereby the City will assist employees with furthering their education, providmg it is benefiCial to the performance of their job C - As fundmg for training may be provided by different areas, the language specifying that it is the department's responsibilIty has been removed. SECTION 8 4. CONFERENCES, WORKSHOPS, SPECIAL TRAINING COURSES, OR SEMINARS (Page 8-1) A.l - Language has been added to prOVide management the abilIty to recoup all or a portion of City-paid expenses for trailllng that is required of the employee's position, dependent on the level of success the employee experiences upon completion of said traming. In addition, the Department Director may require the employee to enter into an agreement with the City concerning their continued employment commitment for a duratIOn and an expected reimbursement of prorated costs should their commitment not be met. SECTION 8.6. TUITION ASSISTANT PROGRAM (Page 8-3) B.l - This program only applIes to "regular benefited" employees, thus it's been noted. C 1 - Added language to allow the HR Manager and the ernployee' s Department Director to determme whether or not a course is related to their employment and elIgible for reimbursement. C.2. through 3. - Currently the City does not have a lImit or criteria placed on tuition reimbursement. The reVisions to thiS policy establish a reimburseable limIt of $2000 per year with cnteria requirements for full or partial refund. This is what our comparable market proVides. SECTION 9.3. DRUG FREE WORKPLACE (Page 9-1) B l.a. - Controlled Substances - Language clanty to denote that reporting to work in violation of9.4.C. is prohibited as opposed to the current limited reference. B.3. - Drug Use Away from the Workplace - Added language that clarifies that if an employee's use of a controlled substance off the work site results in an adverse impact on "job performance or the confidence of the publIc in the City as an employer, disciplInary action may occur. B 4. - The statement: "The employee may be required to participate satisfactonly in an alcohol or drug abuse assistance or rehabilitation program" was deleted since it is addressed in another area. SECTION 9 4. DRUG AND ALCOHOL TESTING (Page 9-3) C.2. Prohibited Conduct, Alcohol Possession and On-Duty Use of Alcohol - An employee may not possess or use alcohol while on duty, mcluding while operating a city vehicle. Language has been added to clarified to include operating a personal vehicle on behalf of the city (Page 9-4) D.l.e. (Circumstances Requiring Testing) - the paragraph currently resides in 9 7.A. and has been relocated to this area for a better flow of mformation. D 4.c. Reasonable Suspicion - Specific language has been added to specify who wIll accompany the employee to the collection sIte when reasonable suspicion occurs. In addition not only will the employer notify law enforcement if the employee refuses and demands to drive his/her vehicle but language has been added that depicts the employer will also notify law enforcement if the employee's behaVior IS deemed to be belligerent. (Page 9-5) D.s Post Accident - The language revisions in this section are in line with the CDOT reqUIrements that states that when an employee IS conductmg work for their employer and in so doing an accident occurs while operating a vehicle, (their o\vn or employer's), they will be required to undergo substance testing if said accident results in a death; an injury that warrants outside medical attention, and/or equipment/vehicle IS disabled. D.S.a. - The language was rernoved since it is cited in D.S. D.S.c. - If, as a result of an accident, substance testing is required, the terms of "RelIef of Duty" and "Transportation ASSistance" will apply These stipulations currently are not provided for this event. SECTION 9 7 CORRECTIVE ACTION (Page 9-6) A. - As explained prior, the language in this section has been relocated to 9.4.D I.e. SECTION 10.2. REQUIRED DRIVER'S LICENSES (Page 10-1) A. and B - Current language has been replaced to conform to the reqUIrements established by Jefferson County and specific acceptable and unacceptable critena for meeting the Motor Vehicle Reqmrements have been created. SECTION 10.3 USE OF CITY VEHICLES AND PROPERTY (Page 10-3) A. - The sentence that states an employee must possess a valid appropriate CO driver's license in order to operate a City owned vehicle while on City business has been removed - thiS stipulation IS covered in 10.2. SECTION 10.5. VEHICLE EQUIPMENT ACCIDENTS & DAMAGE & EMPLOYEE INJURIES (Page 10-3) B - The "up to and including dismissal" statement is conSidered unnecessary and thus has been removed; the term "corrective action" has been added as an action the City may impose. C - The CDOT stipulations as outlmed in 9.4.D.s., (Post Accident) have been added to this sectIOn. SECTION 11 DISCIPLINARY/CORRECTIVE ACTION AND APPEAL PROCEDURE (Page 11-1 through 11-4) As an action taken by a supervisor with regard to an employee's performance may be disciplinary in nature and certainly perceived as such by the employee affected, to provide a more positive associatIon, the reference to "discipline" has been expanded to include "correctIve"' action with a distinct defimtion noted in 1 1.3 SECTION 11 4 TYPES OF DISCIPLINE OR CORRECTIVE ACTION (Page 11-1) I I 4.A.3 - The term "DisciplInary Probation" has been changed to "Return to Tnal Service" to reflect a more positive connotation. In addition a more detailed explanation has been provided to ensure employees know what to expect in this event. 11.4.AA. - FLSA changed their ruling for suspension of an exempt employee from five (5) or more days to one (I) or more days. (Page 11-2) lIA.A.6. - Language has been added to ensure there is an understanding that when an employee receives a tennination as a disciplmary action, they will not be considered eligible for rehire. IIA.B. - To ensure there is a clear understandmg that "corrective" and/or "disciplmary" action are not necessarIly two separate events, a statement as such has been added. SECTION 11.5 NON-APPEALABLE ACTIONS (page 11-2) E. - Language was added to ensure that employees understand the contents of a perfonnance appraIsal is non-appealable. SECTION 11.8 DISCIPLINARY OR CORRECTIVE ACTION PROCEDURE (Page 11-4) A. - "Return to Trial Service" -language has been added to further clarify what IS expected of a supervIsor regarding the procedure for this type of actIOn. SECTION 11 8. DISCIPLINARY ACTION PROCEDURE (Page 11-4) D 1 - Clarity has been given when the circumstances are such that the Department Director is the mitiator of a disciplmary action, (as opposed to the action iniated by the 1 st level supervisor or when the Department Director is the 1 st level). SECTION 11 9. APPEALS (Page 11-5 & 11-6) The current Disciplinary Action Procedure provides a multI-level process that secures the employee's right to be heard, while in-turn, secures an extensive check systern that mimmizes the City's risk. In the few events that have occurred over the last four (4) years where a diSCIplinary action appeal has been rnade beyond the City Manager, the process was cumbersome; obtainmg the services of a hearmg officer was difficult; and the end-results have demostrated that a review beyond the CIty Manager is unnecessary - an opinion that is shared by our City attorneys. By Charter, the CIty Manager is given the authority to relieve employees from duty therefore It is deemed that hls/her deCISIon in our internal process should be final. Therefore, the language pertaming to a level of appeal beyond the CIty Manager has been removed and Section "C" has been added. SECTION 12 DEPARTURES FROM EMPLOYMENT (Page 12-1) The changes m this SECTION are noted at the top of the page - "Section(s) Revised". SECTION 12.5. DISCIPLINARY ACTION (Page 12-2) A sentence has been added to clarify the City's practice of not rehiring an employee who receives a dismissal/discharge as a disciplmary action. SECTION 12.6 RETIREMENT (Page 12-2) As speCified in another section ofthe Personnel Policies manual, for an employee to be considered as leaving in "good standing" when they separate from City-service, they must have provided appropriate notice as specified III another section of the Personnel PoliCIes rnanual. Thus, language has been added to reinforce this cnteria. SECTION 14 EMPLOYEE PERSONNEL SERVICES (Page 14-1) The changes In this SECTION are noted at the top of the page - "SectlOn(s) Revised" SECTION 14.7 RELEASE OF OFFICIAL EMPLOYEE FILE INFORMATION (Page 14-3) B. - As noted in 3.12. above, to aSSIst employees in finding employment when they leave City service, language has been added to allow departments the flexibihty of providmg ernployment recommendations with the protection of the pre-review from Human Resources. ALTERNATIVES CONSIDERED: N/A FINANCIAL IMP ACT: A specific dollar amount is unknown at thIS time, however the following items should result In a savmgs. . The clarification made to the Personnel Policies. Section 5 4 Official Holidays and 5.5 Floating Holidays, whereby f! HolIday is worth 8 hours and employees are expected to use any time taken in excess of the number of hours allotted to them, (8 hours/full-hme status and prorated for regular part-time employees; · Changing the practice of awardIng a 10% pay increase to an employee that receives placement in a positlOn of a higher c1assificatlOn to a rate that IS commensurate with the employee's qualifications, · PlaCIng a limit on tuition reimbursement and providing speCIfic criteria an employee must meet. RECOMMENDED MOTION: "I rnove to approve the revisions to the Personnel Policies as submitted on November 28,2005." or, "I move to deny the revisions to the Personnel PolIcies as submitted on November 28, 2005 for the following reason(sl " Report Prepared by: Karen M. Croom, Human Resources Manager Reviewed by' Patrick Goff, Deputy City Manager Attachments: 1. ReVIsed Personnel PolIcies displaying the proposed additIons and deletions. 051128 Cnd Act.Pers Plcy 05 City of Wheat Ridge Personnel Policies SECTION 1 GENERAL PROVISIONS Section{s) Revised: 1.8.1 Approved by Council: November 28, 2005 1 1 PURPOSE The purpose of these Policies and Procedures is to set forth personnel policies and procedures to promote harmonious relations between the employer and the employees; establish a reasonable and peaceful procedure for the resolution of differences; insure efficient, responsive service to the citizens of Wheat Ridge, Colorado, prevent political involvement in employment; and, promote employee morale, job stability and career incentives. To these ends there is established a personnel system for the employees of the City of Wheat Ridge, Colorado. 1.2. SCOPE OF APPLICATION In the interest of the City of Wheat Ridge employees and citizens, the City adopts policies and procedures to promote full communication between the City, as the employer, and its employees. The City also sets reasonable methods to resolve disputes about wages, hours, and other terms and conditions of employment and to continuously improve personnel management and employer-employee relations. 1 3 PERSONS COVERED The Personnel Policies shall apply to all employees of the City of Wheat Ridge, Colorado, unless otherwise specified in the code, by written agreement, or within these policies. 14 AUTHORITY OF CITY MANAGER The City Manager, as appointing authority, has general control and supervision over the affairs of the City The City Manager has the authority to establish policies, procedures, and guidelines necessary for the control and supervision of the affairs of the City The City Manager has the authority to appoint employees of all City departments and has the authority to remove employees. The City Manager may delegate the authority to appoint or remove employees to the Department Directors. 1 5 ADMINISTRATION OF POLICIES AND PROCEDURES The City Manager shall be responsible for the proper administration and observance of these Policies. In the event a conflict of duties arises that precludes Human Resources, Department Directors, Supervisors, or the City Manager from performing a function outlined in these Policies and Procedures, the City Manager is granted the authority to modify the Policy to ensure the spirit of the process is preserved, Any modification that is foreseen to continue indefinitely would require an amendment to these Policies and Procedures 1 6 AMENDMENT AND REVISION Any employee may suggest an amendment, change, or revision by submitting suggestions in writing to the City Manager If the City Manager determines that the suggestion has merit, he/she shall present a copy of the proposed rule amendment(s) to the City Council. Once adopted by the City Council, in a manner they deem appropriate, these Policies, or any amendments to these Policies supersede previous editions on the effective date thereof 1 7 ADMINISTRATIVE GUIDELINES AND REGULATIONS The City Manager is authorized to issue additional administrative policies as may be necessary to carry into effect this Personnel Policy, except as otherwise provided by ordinance The City Manager is authorized to approve supplementary departmental personnel guidelines not in conflict with these Policies. Department Directors may create guidelines more specific to their respective department operations. Department guidelines or directives will not conflict with or supersede any provisions of this Personnel Policy In the event of any conflict, the City Personnel Policies prevail, unless otherwise determined by the City Manager 1-1 1 8 EQUAL OPPORTUNITY POLICY The City of Wheat Ridge is committed to developing a work force which reflects the diversity and composition of the community we serve, honors and respects the differences and abilities of all the employees and residents, and provides employees with the necessary opportunities, tools, and support to achieve their maximum potential. Equal employment opportunity provides a level playing field for City job applicants and must be linked with a commitment to non-discriminatorily management of a diverse work force. Diversity complements organizational values that stress teamwork, leadership, empowerment, and quality service. Diversity means striving to maintain an environment in which managers value the differences in their employees and take steps to ensure that all employees know they are welcomed and included To achieve workplace equity and inclusion, the City observes the practices outlined below. The City will ensure that it does not discriminate in employment on the basis of race, color, religion, national origin, gender, age, disability, marital status, creed, ancestry, sexual orientation, medical condition, political ideology or any other protected status 2. The City will strive to make employment decisions based on job-related criteria and provide opportunities for entry and promotion to nontraditional jobs. 3 The City will ensure a workplace free of all forms of unlawful harassment. 4 The City has developed a procedure for prompt, thorough, and impartial investigations of discrimination or harassment complaints and will take appropriate measures to provide remedy or relief to individuals who have been victims of illegal discrimination or harassment. Measures to ensure accountability for managing diversity will be incorporated into the performance management system for supervisors and managers. The City Manager will evaluate the effectiveness of the City's diversity policies and programs. By creating a workplace where everyone can work toward their maximum potential, the City will strive to retain quality, productive employees who will provide excellent services to the residents. 1 9 EMPLOYEE COMMITTEES When deemed necessary by the City Manager, employee committee(s) may be formed to study, discuss, or formulate recommendations or proposed courses of action regarding items of interest or concern to the employees The City Manager shall decide. composition, purpose, scope, length of service, and authority of such committee(s) 1 10 PRIVILEGES RESERVED It is recognized that, except as expressly stated herein, the City Manager shall retain whatever rights and authority as are necessary to operate and direct the affairs of the City in all of its various aspects, including, but not limited to, the right to direct the working forces; to plan, direct, and control all the operations and services of the City; to determine the methods, means, organization, number of personnel by which such operations and services are to be conducted; to assign and transfer employees; to schedule working hours, and to assign overtime, to revise, eliminate, combine, or establish new jobs and classifications; to establish compensation plans and programs; to determine whether goods or services should be made or purchased; to hire, promote, evaluate, demote, suspend, discipline, dismissal or relieve employees from duty; to make and enforce reasonable regulations; and to change or eliminate existing methods, equipment or facilities. 1 11 COMPLIANCE In accepting employment with the City of Wheat Ridge, each employee is expected to follow these Personnel Policies, administrative guidelines and procedures established by the City Manager, and the guidelines and directives of the department in which they are employed. Volunteers, while performing their duties in City service, follow the same guidelines of conduct as City employees 1 12. SEVERABILITY If any chapter, section, paragraph, sentence, clause, phrase or portion of these Policies is, for any reason, held invalid or unconstitutional by a final and unappealable decision of any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the remaining portions hereof 1-2 City of Wheat Ridge Personnel Policies SECTION 2: RECRUITMENT, SELECTION, AND EMPLOYMENT Section(s) Revised: 2.3A, 29E., 2.11.B. Approved by Council: November 28, 2005 2.1 PURPOSE The City is dedicated to providing its citizens with superior services, as well as, the most economical use of its revenues. To that end, the City endeavors to recruit and hire the most talented and qualified employees it can find. 2,2. CITIZENSHIP Natural or legal citizens of the United States are provided an equal employment opportunity with the City of Wheat Ridge. Non-citizens shall meet federal and state employment eligibility requirements before being accepted as an employee of the City 2,3 NEPOTISM The fOllowing applies to the employment of relatives of City employees and City officials. For the purposes of this section, "relatives" include spouse, children (biological, step-, adopted or foster), brothers, sisters, half-brothers and sisters, step-brothers and sisters, parents, step-parents, aunts, uncles, nephews, nieces, first cousins, grandparents, grandchildren, and the spouses of the above. A Employees will not be appointed, transferred, promoted, demoted, or work in any position where a relative would be: a supervisor of or give continuous, (not sporadic), oversight to the employee, or responsible for auditing or monitoring work of the employee, or where other circumstances place the employee and relative in a situation of actual or possible conflict of interest. B If employees marry and the marriage creates a violation of the above paragraph, every effort will be made to transfer either employee to a position so no violation will exist. If no suitable position is available and a transfer is not possible, one of the two spouses may be terminated. The decision as to which employee may be terminated is left to the employees involved, unless business necessity requires the City to decide. 2.4 METHOD FOR FILLING VACANCIES All vacancies in City service filled by transfer, demotion, promotion, or appointment follow the recruitment process outlined in the Personnel Procedures Manual. A temporary appointment may be made under the provisions of this Policy Manual. 2.5 APPLICATION The City Employment Application form and its contents are established by the City Manager All candidates for employment must file, with the Human Resources Office, an employment application form for each position they are interested in. All statements made on an employment application must be true, accurate and complete. Additional information such as a resume, cover letter, and supplemental questionnaire may be requested of applicants. Unless otherwise specifically requested in writing by the applicant, or as otherwise provided by the Open Records Act, the names of all applicants and all applications for City employment including all appointed officials of the City shall be public records. Applications placed on a departmental candidates list for appointment shall be retained at least for the life of the candidate's list. Upon the expiration of the candidate's list, the application shall be retained for the balance of a two (2)-year period. 2.6 SELECTION PROCESS A The selection process may consist of a variety of recognized testing techniques. Initially, employment applications are reviewed for essential conformity to the published minimum requirements. Further screening of the remaining applicants may include, but is not limited to, personal interviews, achievement tests, aptitude tests, examination of work samples, physical agility tests, written tests, polygraphs, and investigations of personal background and references. Selection techniques are reasonable and impartial and relate to those areas that, in the opinion of those involved in the selection process, fairly show the candidate's qualifications and abilities to execute the duties and responsibilities of the position to which the candidate seeks appointment. B. Upon completion of an impartial selection process, as determined by the relative department and the Human Resources Manager, the City Manager makes an appointment from the final candidates based on the results of testing and other relative considerations. An appointment is usually made upon the recommendation of the Department Director of the department in which the new appointee is assigned and becomes effective only after all necessary documents have been signed by the proper City officials. 2-1 C The Human Resources Manager or designee has the authority and responsibility to conduct relative reference inquiries, make all conditional and/or final offers of employment, and process all appropriate paperwork. D Pre-Employment Testing - The City may require a candidate to pass a medical examination, submit to drug testing and/or psychological examination after a conditional offer of employment has been made and prior to the candidate's appointment. E. Test materials shall be confidential and shall be so handled by all personnel having legitimate access to this material. All examination records which may include applications, test papers for each examinee, names of oral examiners, summary data on number applying for and passing an examination, and such other information as deemed pertinent shall be maintained in Human Resources. Test records may be destroyed two (2) years after establishment date of eligibility list. 2.7 INELIGIBILITY OR DISQUALIFICATION A The City Manager may withdraw anyone from consideration whose appointment is considered contrary to the interests of the City Reasons for disqualification may include, but will not be limited to, the following: 1 Lack of any of the requirements established for the examination or position for which the candidate applied; 2. A physical or mental disability that makes the applicant unable to perform the essential functions of the position to which appointment is sought with or without reasonable accommodation, 3 The misuse of intoxicating beverages, 4 The misuse of prescription drugs or use of illegal drugs and/or controlled substances; 5 Conviction of a felony; 6 An unsatisfactory employment record; 7 Deception or fraud in completing the position application, S The applicant's request to withdraw from consideration, 9 Failure to reply within a reasonable time, as specified by the City Manager, about the candidate's availability for employment; 10 Disqualification or unsuitability for employment as specified in any City or departmental rule B Exceptions - Lesser or alternative qualifications may be accepted if the Department Director and Human Resources Manager determines that it has not been possible to satisfactorily fill a position at the salary authorized in a reasonable length of time by a person who meets the qualifications as specified. 2.8 EMPLOYMENT LISTS A Establishment of Lists - After the completion of an examination, the Human Resources Manager shall establish an employment list as a means of recommending qualified individuals to fill existing or future vacancies. These lists shall be of three (3) types. 1 Employment Candidate's List - include the names of persons who have taken a Qualifying Examination and received a passing score, or who have successfully completed one or more phases of the review process, but have not totally completed the process, hence are not fully "qualified" for placement. 2. Employment Eligibility List - include applicants who have been interviewed (examined, background completed, references verified, etc.) for a job in City service, are found totally qualified for a position but who were not employed in favor of another qualified applicant and/or are awaiting a vacancy to occur 3 Re-employment Eligibility List - the Human Resources Manager shall establish and maintain a re- employment eligibility list which shall include the names of employees who were terminated for lack of work, lack of funds, non-disciplinary or reorganization reasons B Maintenance of Lists - A person shall be carried on an Employment Candidates, Eligibility, or Re-employment Eligibility list for no longer than twelve (12) months. Maintenance of established lists may be extended for an additional period, at the discretion of the Human Resources Manager If there are three (3) or less names remaining on a candidate's or eligibility list, a new list may be certified or new candidates may be added to an existing list. C Use of Lists - The appointing authority may appoint a person on the appropriate list in accordance with the guidelines used to establish the list. A person shall be appointed from a current Candidates and/or Employment Eliaibility List without further examination, except, if required: a medical examination, which may include a psychological, drug test, physical, and polygraph, the cost shall be borne by the City and administered by a doctor selected by the City 2-2 2.9 CLASSES OF APPOINTMENTS A Temporary Appointments - Whenever a City department requires help because of a special project, a temporary increase in workload, or the absence of a regular full- or part-time employee, temporary appointments may be made for the duration of such work. The period of this service is not counted as part of the trial service period if the employee is later appointed to another position, unless such time served is acceptable to the Department Director concerned. 8, Temporarv Re-Assianments - During an emergency or period of unusual workloads, the City Manager or a Department Director may temporarily reassign City personnel within the Department Director's department for a period not to exceed six (6) months. City personnel may be temporarily reassigned from one department to another within the City Requests for personnel are approved by both the Department Director for the department to which the employee had been assigned and the Department Director to which the employee is reassigned. Interdepartmental changes are not made for employees so assigned Department Directors control and coordinate programs for training City employees to assure the maximum use of employees during periods of temporary reassignment. C Reappointment - Any regular full-time or regular part-time employee who has separated from City service in good standing may be considered for reappointment to a position in the same or similar classification in City service. A written request for consideration must be submitted. The employee may be considered within one (1) year of the employee's termination. A reappointment may be made without benefit of a new recruitment. In no way is it mandatory for any appointment authority to reappoint a former employee should the appointment authority desire not to do so D Transfer - An employee may be transferred by the appointing authority, at any time, to a position in another comparable classification if they meet the minimum qualifications. The transfer must be approved by the City Manager For transfer purposes, the definition of "comparable class" is a classification that compensates at the same minimum and maximum pay rates, similar duties are assigned, and requires substantially the same minimum qualifications. 1 A regular full-time or regular part-time employee may be transferred from one department to another department with consent of the employee and approval of the affected Department Directors. The City Manager may order the transfer for purposes of economy and efficiency 2. Return to Former Position - If the performance of an employee who is transferred is unsatisfactory in the new position, or if the new position is eliminated and the employee's performance in the original position had been satisfactory, the employee may be transferred back to their original position, if vacant, or a similar position that is not occupied. This return transfer is allowed only within a reasonable amount of time, generally within six (6) months of the effective date of transfer 3 The transfer of an employee will not be used to effect a promotion, demotion, advancement, or reduction. Each may be accomplished only as provided in this Personnel Policy E. Promotion - It is the policy of the City of Wheat Ridge to encourage the professional development of personnel within City service Promotions must involve a definite increase in duties and responsibilities, conform to the compensation pay principles as cited in 66A, and shall not be made merely to affect an increase in the employee's compensation. Promotional selection for vacancies is conducted as the needs of the City require and the City Manager shall have final authority with respect to approval of all promotions. Regular employees, who meet the requirements of the classification for which an examination is to be held, are considered eligible to compete in such an examination. However, employees currently serving in a Trial Service, (initial or as a return), may not apply for promotion. This restriction does not apply to employees on promotion lists. Exceptions to this may be made by the City Manager upon the recommendation of the Department Director or his/her designee. F Demotion - The City Manager may demote an employee for ::my of the following reasons or conditions to include, but may not be limited to 1 The employee's performance of required duties falls below commonly accepted standards; 2. Disciplinary reasons as set forth in Section 11 6 (Reasons or Grounds for Disciplinary Action), 3. An employee's position is eliminated; 4 An employee requests such demotion; 5 A departmental reorganization that affects employee positions; 6. Any other reasonable grounds as approves by the City Man::Jger 7 No employee is demoted to a classification for which the employee does not have the minimum qualifications. Written notice is given an employee at least ten (10) business days before the effective date of the demotion 2-3 2.10 APPOINTMENT OF APPLICANT Once the selection procedures have been completed, the results shall be reviewed and a recommendation made to the appointing authority regarding the applicant best suited for the position. The recommendation may consist of one (1) applicant or a number of applicants who are eligible for appointment to the position, For the purposes of these Policies, the City Manager has delegated to the Department Directors, the authority to recommend appointment of employees to their respective departments. The Human Resources Manager or designee has the authority and responsibility to conduct relative reference inquiries, make all conditional and/or final offers of employment, and process all appropriate paperwork. 2.11 TRIAL SERVICE PERIOD A. Purpose - The trial service period is a continuation of the teE;ting ang/or orientation process time to observe closely the employee's performance in order to achieve an effective match and/or adjustment of the employee to his/her position. During this period, the employee is on trial to demonstrate his/her ability to perform the requirements of the appointed position at a level that meets City and departmental expectations and standards. The Period is 3 time to observe closely the employee's performance in order to 3chieve 3n etrocti'/e m3t.ch and/or adjustment of a tri31 service employee to his/her position, or to determine that a trial service employee's performance does not meet tho acceptable standards of the position. B Lenath of Period - 1 Original and Promotional Appointments - are conditional and subject to a trial service period from the time of appointment. This initial trial service period is for a minimum of twelve (12) consecutive months of actual service for sworn police personnel and the personnel responsible for processing emergency/non- emergency calls in the Police Communications Center, (dispatch), and six (6) consecutive months for all other employees. The City Manager, upon written request from a Department Director, may grant an extension of the trial service period up to a maximum of six (6) additional months. The completion of a trial service means the employee has been appraised and found capable of meeting the performance expectations of the position during the trial service period. 2. Return to Trial Service - If an employee's performance is failing and he/she is not meeting the expectations of the department, the employee's supervisor, with the approval of the Department Director, may place the employee on a Return to Trial Service status. During this period, the employee does not accrue time for compensation review or promotion; is not allowed to compete in promotional examinations or recruitment; and may be denied movement through the pay plan until improvement is shown. This action places the employee in a review status, for a period of not less than three (3) months and should not exceed six (6) months duration. The employee should be, reviewed at least every thirty (30) days. If the supervisor determines further extension is appropriate, approval must be received by the Department Director and the employee must be informed of the extended date, as well as, the reasons for the further extended review period C Emplovee Status - During the trial service period, a trial service employee may be suspended, demoted, or terminated at any time by the City Manager The Department Director gives the City Manager a written appraisal of the employee's performance, as well as, any written recommendation for the employee's suspension, demotion, or rejection. A copy of the notification of suspension, demotion, or rejection is given to the trial service employee. Rejection of a trial service employee becomes effective only after approved by the City Manager An employee's rejection is not subject to appeal. 2.12, ORIENTATION OF NEW EMPLOYEES All new or rehired employees shall receive City Employment Orientation through Human Resources as a prerequisite for position and budget control, and to ensure all essential and required forms have been completed. The orientation may include, but isn't necessarily limited to an explanation of fringe benefits and these Guidelines (excluding department regulations), applicable Administrative Guidelines, an overview of the City and its departments, and other items of interest to new employees. Orientation meetings for new employees shall be coordinated with the schedule of Human Resources, new employee, and the relevant department. 2.13 PAYMENT FOR TRAVEL FOR INTERVIEW PURPOSES The City Manager may authorize the payment or reimbursement for all travel, meals, and lodging expenses incurred by applicants traveling to the City to be interviewed for department or division director positions. Payments shall be made from the Human Resource's budget. 2.14 RELOCATION EXPENSES After authorization by the City Manager, relocation expenses may be reimbursed to newly appointed Department Directors, provided such funds are available. Such expenses shall be limited to the moving of household goods of the newly appointed Department Director Payments shall be made from the appropriate departmental budget. 2-4 City of Wheat Ridge Personnel Policies SECTION 3 EMPLOYER PRACTICES & EXPECTATIONS Seclion(s) Revised: 3.2.B, 3.7 3.11 3.12 Approved bv Council: November 28, 2005 3 1 EMPLOYEE COURTESY All employees must treat all customers, clients, guests, visitors, volunteers, and other employees with the greatest degree of respect, courtesy, kindness and caring. The City is in the "people business," and it is of the utmost importance that employees maintain a friendly, courteous and cooperative atmosphere on the premises, 3.2. HOURS OF WORK A For full-time employees, the standard workday for employees may range between eight (8) hours and ten (10) hours and the standard workweek is forty (40) hours. Law enforcement personnel, as defined in the Fair Labor Standards Act (FLSA), may be assigned a work period, rather than a workweek, as described in FLSA The standard workweek begins on Saturday 12:01 a.m, and ends on the following Friday at 12:00 mid-night. However, the City reserves the right to alter the workweek and work schedules for the purpose of promoting efficient operations or other reasons found to be for the good of the service. Such changes, as recommended by the Department Director, must be approved by the City Manager B Meal/Rest Periods - Non exempt employees shall take a minimum one half (1/2) hour lunch break (without compensation) when working at least fi'"e (5) consecutive hours. Employees may take one 15 minute break (with compensation for every four (4) hours worked. Rest periods shall not be considered to accumulate if they are token and shall not be used to shorten the normal workday or to alter the 3ssigned lunch period. The gr3nting of meal and rest periods shall depend on the conEtraints of working conditions within each del3artment. Regulations shall be Eet forth by the Department director of the respective department and any exceptions must be prearranged '....ith the Department Director or designee. 1 Meals - Non-exempt employees sRaII should take a minimum one-half (1/2) hour lunch break (without compensation) when working at least five (5) consecutive hours. 2. Breaks - Employees may take one 15-minute break (with compensation) for every four (4) hours worked. Break rooms with vending machines at various City facilities are provided for employee's use during their breaks. For liability reasons, employees must stay on the premises/work site during their breaks. Exceptions must be approved by an employee's respective Department Director 3 The granting of meal and rest periods shall depend on the constraints of working conditions within each department. Regulations shall be set forth by the Department Director of the respective department and any exceptions must be prearranged with the Department Director or designee. 4 Rest periods shall not be considered to accumulate if they are not taken and shall not be used to shorten the normal workday or to alter the assigned lunch period. C Department Director may change an employee's work period with at least five (5) days notice, except in an emergency, in order to be consistent with the needs of the City 33 ATTENDANCE Employees report for their work assignments at the times and places established by their supervisors. Each department prepares attendance records for all employees on the form approved by the City Manager 34 PAY PERIODS/PAY DAYS The City is on a bi-weekly payroll system with the pay period beginning on Saturday 12:01 a.m. and ending on the second Friday following at 12:00 mid-night. Disbursement of paychecks or statements occurs every other Friday, by a method established by the City Manager If a new employee is hired after the deadlines established for payroll, payment will be made on the following payday Exception to this will be determined by the City Manager after review of a written request submitted by the appropriate Department Director 35 AUTOMATIC DEPOSIT Employees have the option of having their paychecks deposited directly into any bank or credit union via an electronic fund transfer Forms may be obtained in Human Resources. Automatic Deposits typically take effect the second payroll cycle after receipt of your request. An employee's payroll check may be removed from direct payroll deposit at any time that the employee's pay needs to be adjusted to account for leave without pay, suspensions, terminations, where no pay is due for all or a portion of the payroll period and where the employee has resigned or owes money to the City 3 6 DEDUCTIONS Deductions from employees' pay include, but not limited to. . Deductions required by law and contracts, which include federal withholding tax, state withholding tax, Social Security tax (where applicable), state retirement systems, health care insurance co-payments. 3-1 . Deductions can be arranged for the credit union, United Way, deferred compensation, and other deductions as approved by the City Manager These types of deductions are arranged only upon receipt of the written authorization from an employee. 37 DRESS CODES ATTIRE AND APPEARANCE In order to maintain a good public image and to assure public safety, employees of the Cit'! are required to dress in attire suitable to their positions and job duties. If deemed necess3ry, each Department Director, with prior 3pproval of the City Manager, may establish reasonable stand3rds regulating dress f-or the respective departmentf-, divisions and work areas. Dress code requirements f.or certain departments m3Y be established by administrative regulation, department policies or oper3ting guidelines. Although the City of Wheat Ridge wishes to encourage individual freedom with respect to an employee's choice of attire, the City should be known as an organization where employees exhibit a professional image, enjoy their work, and create extraordinary results The amount of public contact and the "setting" of the contact should be a determining factor in what to wear - the more formal the setting, the more professional the wear It is recognized the City of Wheat Ridge employees work in a wide range of environments that will have different standards for suitable clothing. However, regardless of the work area: Wearing apparel must be stain-free, neat, clean and in good repair Personal appearance, including personal hygiene and fragrances, hair style/color, tattoos and body piercing must project a non-offensive, professional image as it relates to the job duties. Attire that creates a safety hazard for the public or employee will not be allowed. Casual Fridays - Normally, each Friday, is designated as "casual day", when the employees who are not assigned a specific uniform, may wear casual business attire Although the attire is more casual on this day for those employees, they should still wear clothing that communicates a professional image. Casual Friday is recognized on the day after each Thursday and is not to be interpreted as a day where an employee's "Friday" may be on another day of the week, (e.g., a 4/10 schedule and Thursday is the employee's last day of their workweek) For specific acceptable attire, please refer to the applicable Administrative Guideline, as established by the City Manager and your departmental policies or operating guidelines, 3 8 SMOKINGITOBACCO PRODUCTS A. Purpose - The object of this policy is to provide a healthy and productive work environment for all City employees. The policy responds to the growing medical and scientific evidence showing the detrimental effects of smoking and/or tobacco by-products on personal health and work performance; to public laws related to smoking in public facilities, and, to the strong desire of many City employees to work in a tobacco-free environment. This policy intends to provide a tobacco-free work environment for all employees. It does not intend to infringe upon the personal right and decision of an employee to smoke or use tobacco products. B Definitions: 1 Smokinq or to Smoke. Inhaling, exhaling, or carrying any burning tobacco or other plant matter This includes, but it not limited to, cigarettes, cigars, or pipes. 2. Enclosed Work Area: An area enclosed by a roof and walls with at least one opening for ingress and egress. The area is owned, leased, or rented by the City with intended use by officers and employees of the City 3 Common Area: Included, but is not limited to, employee lounges, lunchrooms, conference rooms, stairways, elevators, hallways, and rest rooms. 4 Tobacco Debris: Includes, but is not limited to, smoke, ash, or any other residue resulting from using tobacco products and also includes cigarette or cigar butts, cigarette paper, or products packaging tobacco 5 City Facility: An enclosed facility, including any automobile, that is owned, leased, or operated by the City and that is frequented by the public or represents the workstation of an employee. 6 Automobile. Any City car, truck, pickup, or other equipment or vehicle. C Uniform SmokinglTobacco Product Policy - Tobacco use is prohibited twenty-four (24) hours of the day, every day, in all enclosed work and common areas, facilities, and automobiles. Tobacco use is permitted in outdoor areas unless the smoke could be drawn into a workplace or common area. All employees who elect to use tobacco products in outdoor areas are responsible for the proper maintenance and/or removal of all associated debris. The City-wide smoking/tobacco product policy applies to all City work and common areas, whether in an individual or shared office space, or an automobile. The policy also applies to all persons who visit enclosed work and common areas during all hours and days of the year These persons include all officers, employees, contractors, and members of the general public. D Violations - Discipline may be imposed, in accordance with the Personnel Policy, on any employee who violates the City smoking/tobacco product policy The primary objective of discipline is to correct the behavior in violation of the policy, not to punish employees who partake 3-2 39 PERIODIC PHYSICAL EXAMINATIONS Periodic physicals may be required for certain employees, as directed by the Department Director, to ensure their ability to perform the position. Such physical examinations will normally be conducted while the employee is on duty If a non-exempt employee is required to submit to examination other than during normal duty hours, the employee shall be paid for all time required for the examination. The City shall pay the cost of the initial examination required by this section. If, as a result of the initial examination, further follow up tests and/or treatment are required, the costs incurred shall be submitted to the employee's insurance company for payment. 310 COMPUTER AND ELECTRONIC MEDIA USAGE A. Purpose - The intent of this policy is to ensure that privacy, security, and legal issues concerning the City's personal computers, computer networks, and computing systems, Internet, Intranet, and other forms of electronic media including voice mail, E-mail, fax, bulletin boards, and other electronic communication forums are addressed, and that a guideline is formally established to define appropriate use of these tools, B Scope - This guideline applies to all City Employees, contractors, consultants, their assigns, or other persons authorized by the City to access and utilize its electronic media systems. A person's use of the City's electronic media systems constitutes agreement by such person to abide by the terms of this guideline. The use of electronic media files shall comply with the requirements set forth herein and other ordinances, guidelines, or procedures promulgated by the City or other authoritative body C Usaae 1 Only software that has been authorized and/or purchased by the City should be loaded or used on any City computer and once installed, may not be disabled or circumvented in any way without authorization. Any software or files downloaded via the Internet into the City network become the property of the City 2. Employees must comply with copyright and licensing laws for materials, software, and other media, as well as, any other federal, state, or local law, ordinance, or regulation. 3 No employee may knowingly use City facilities to download or distribute pirated, unlicensed, or stolen software or data. Employees with Internet access may not use City Internet facilities to download entertainment software or games, or to play games against opponents over the Internet. In addition, video or audio streaming and downloading are prohibited except when directly work-related. 4 Employees must obtain appropriate approval prior to making information available via Internet service, Intranet, E-mail, or other forms of electronic media. Files containing sensitive City data that are transferred in any way across the Internet must be encrypted. 5 The City's electronic mail and other information systems will not be used in a way that could be discriminatory, harassing, disruptive or offensive to others. The viewing or displaying of any kind of sexually explicit image or document on any City system, unless directly work-related, is prohibited. In addition, sexually explicit material may not be downloaded, archived, stored, distributed, edited, or recorded using City resources. If you find yourself connected inadvertently to a site that contains sexually explicit or offensive material, you must disconnect from that site immediately, regardless of whether that site had been previously deemed acceptable by any screening or rating program. 6 The communication systems and Internet utilized by the City are intended solely for business use. Employees should use the computer and electronic media systems to accomplish job responsibilities more effectively and for business and work-related communication. Usage to solicit others for commercial ventures, religious or political causes, outside organizations or other non-job related solicitations are prohibited. Employees may, however, use their Internet facilities for non-business research or browsing during mealtime or other breaks, or outside of work hours, provided that all other usage practices are adhered to. 7 Computer equipment, software, or documentation shall not be removed from the City premises without the prior permission of the Department Director nor should software be given to any outside third party 8 No employee may use the City's Internet facilities to deliberately propagate any virus or other malicious code. 9 In general, employees have an obligation to use their access to the Internet, Intranet, E-mail, Voice Mail, Fax, and other electronic media in a responsible and informed way, conforming to network etiquette, customs and courtesies, and repr~~enting the City in a positive manner 3-3 D Password Use - Log-on and other passwords may not be shared with any third party, nor may they be shared with another employee other than their Department Director and the network administrator All passwords or changes in passwords must be approved and documented through the network administrator The network administrator or designee may override password controls when adjustments are needed in the system or retrieval of information is required to conduct City business. E. Privacv - Employees should have no expectation of privacy in either sending or receiving electronic messages and other information on the Internet, Intranet, or other electronic media and should be aware that any and all records, files, communications and software stored by employees on the City's computer system are the property of the City E-mail messages, Intranet, and Internet records are to be treated like shared paper files, with the expectation that anything in them is available for review by authorized City of Wheat Ridge representatives. Employees should be aware that regular system backups are conducted and that copies of information thought to be deleted may be included in system back-up files. 1 The City reserves the right to access, monitor and disclose the contents of employee E-mail messages, Intranet, or Internet records without notification to or permission from the employees sending or receiving the messages. The City may disclose the contents of electronic media sent to or received by City employees and elected officials and may use information regarding the number, sender, recipient and addresses of messages sent over the electronic media systems for any purpose. Furthermore, such data may be discoverable in litigation. 2. Persons who receive misaddressed e-mail shall return, if possible, such e-mail to the original sender with a message stating the e-mail was misaddressed. The receiving party shall not save the misaddressed e-mail. A person receiving misaddressed e-mail that the receiver believes violates this guideline or any other ordinance, guideline or procedure, shall forward the e-mail to the sender's Department Director or the Administrative Services Director for appropriate action instead of returning the misaddressed e-mail. 3 The network administrator or designee shall be responsible for preserving all electronic public records, either on or off the system for a length of time consistent with the City ordinances and Colorado statutes. 4 Communications dealing with real property acquisitions, legal actions, municipal security, personnel matters, negotiations, and criminal records shall not be accessible by the public in accordance with public records policies. 5 Employees should be aware that under the Colorado Open Records Act, members of the public may have access to e-mail and voice mail messages. F Retention - Employees are responsible for retaining documents sent via the e-mail system in accordance with retention schedules and guidelines established by the City Manager G Violations and Discipline - Employees are required to comply with the provisions included in this policy, as well as those in other policies that relate to the topics included in this document. Violations of any provisions of this policy may cause the employee to be personally liable for monetary damages, criminally liable, and/or to be subject to disciplinary action up to and including dismissal. H Emplovment Separation 1 The Department Director or designee shall be responsible for notifying the network administrator upon the termination of an employee assigned to their department. This action shall be taken to ensure the removal of all necessary access codes and passwords for security purposes. 2. All computer hardware, software, and manuals shall be returned to the employee's immediate supervisor or to Human Resources at the employee's exit interview 3 11 PURCHASING POLICY The purchasing function of the City, involves the procurement of all goods and services at the lowelst possible cost, best value, consistent with the quality needed for effective use. All purch3sing must h3'.'e the 3ppro'/31 of thel Dep3rtmont Director. For specific procedures and approval levels, refer to the internal administrative purchasing policy Violations of the purchasing policies and procedures will be subject to disciplinary action up to and including dismissal. 312. EMPLOYMENT VERIFICATIONS/REFERENCES To protect the City and staff from potential legal claims related to information released about current and former employees, all verifications, references, and inquiries regarding current and former employees must be referred directly to Human Resources. A Letter of Employment Recommendation may be given to an employee if a signed written release is first obtained by said employee and the written recommendation, prior to its release, is reviewed and approved by Human Resources. 3-4 SECTION 5 BENEFITS, PROGRAMS, AND LEAVES City of Wheat Ridqe Personnel Policies Council Approval: November 28, 2005 ~ j ~." Sections Revised: 5.4A3-7, 5.5A., 5.7A &D.3, 5.8.6.1, 2 ,4., 5 80., 5.10., 515, 5.16., 517, 5.18, 5.23.F :!?k' 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 budget action of the City Council. The City will make a reasonable effort to provide employees with a minimum of thirty (30) calendar-day notice prior to the effective date of any benefit change which results in a reduction of benefits. B Leave and holiday time off as described in this section, excluding work breaks, may be requested and approved in increments of at least 1/4 hour Leave and holiday time used, if less than 1/4 hour, will be charged as 1/4 hour used. C Some of the following benefit programs are described in greater detail in benefit plan documents that may be reviewed in Human Resources. None of the following Policies is a summary plan description under the Employee Retirement Income Security Act, as amended or under any other statute, regulation or rule. In the event of any conflict between the following summaries and the terms of any employee benefit plan, the terms of the employee benefit plan shall 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 emotional problems and such problems may adversely affect the employee's job performance. The City believes resolution of these problems is in the best interest of both the employee and the City Therefore, the City of Wheat Ridge has contracted to make available to all employees and their families a free counseling and referral service. B The City encourages any employee who is experiencing any personal problem to seek assistance, either by contacting a manager or the Human Resources Manager, or through outside service organizations. 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. Supervisory-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, it shall be the responsibility of the employee to bear the cost, in conjunction with insurance. 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. 5.1 5 4 OFFICIAL HOLIDAYS A ReQular Holidavs ~ The following holidays are recognized as municipal holidays for pay purposes Regular full- time, regular part-time, and trial service employees have these days off with pay. . NewYea~'s Day Independence Day Veteran's Day President s Day Labor Day Thanksgiving Day Martin Luther King, Jr Day Memonal Day Christmas Day During official holidays, most City departments will be closed. Exceptions are those departments responsible for providing public safety and emergency services and the recreation center 2, When a day recognized as a holiday by the City falls on Sunday, the following Monday is observed as the holiday When a day recognized as a holiday by the City falls on Saturday, the preceding Friday is observed as the holiday B. Work on a Holiday 3. A Holiday is worth 8 hours for full-time employees and prorated for part-time regular employees, (see chart following) ~O-HourlWe ek . 35-HourlWee k T 30-Hou..rlW eek. 1. 25~HourlW-eek~20-HourlWeek Status Status Status Status Status -..- ---T- - - ~~. \ --- 800hours__ 7_00hours~ .JjOQhours ~ 5_00Jl9ur~ ~~ 40Q.hours_ 4 Any covered employee normally eligible for holiday benefits who must work on a day designated as a holiday under the provisions of this Personnel Policy, or such other day as authorized by the City, is paid at the employee's hourly rate of pay for the hours worked. In addition, full-time employees receive eight (8) hours of holiday time-off and regular part-time employees receive prorated hours of holiday time-off a. Holiday time-off hours, with the exception of those accrued on Thanksgiving Day and Christmas Day, must be used by the December 31st of the year in which they were accrued or they will be forfeited. b The hours accrued on Thanksgiving Day and Christmas Day, if not used, will be paid no later than the fu:st second pay period in the year immediately following said holidays. 5 When a day designated as a holiday under the provisions of this Personnel Policy, or such other day as authorized by the City, falls on an eligible covered employee's normally-assigned day off, the full time employee receives eight (8) hours of holiday pay and the regular part time employee receives prorated hours of holiday pay 6 For employees who take the holiday time off but whose normally scheduled work day is in excess of the allotted eight (8) holiday hours, (i.e. normally work 10 hours as on a 4-10 schedule), the employee will only receive 8-hours of holiday pay, and the additional hours taken, (e g, 10 minus 8 = ~), must be charged against the employee's vacation or compensatory time balance 7 For employees who take the holiday time off but whose normally scheduled work day is less than their allotted holiday hours, the employee will receive the number of hours they are eligible to receive for holiday time, (e.g., if a full-time employee is scheduled to work 6 hours on the day a holiday occurs, the employee will receive the 8 holiday hours) B. Other Conditions and Limitations - To be granted designated holiday leave with pay, an employee must work or be on paid leave the last working day before and the first working day after the holiday C Upon termination for whatever reason, an employee shall be compensated for unused holiday leave However, the official separation date shall be the last day of active employment and shall not be extended with unused holiday leave unless pre-authorized by the City Manager 55 FLOATING HOLIDAYS A. In addition to the aforementioned official holidays, regular full-time employees shall be granted two (2) floating holidays at the first of each year A floating holiday shall be equivalent to one (1) workday 8 hours for full-time status and prorated for part-time status. Regulor port time em~loyoes will receive the floating holidays on a proroted bosis The terms outlined in 5 4A5 & 5 4A6 shall apply B The exceptions to 5 5A are: an employee who is hired on or between June 30 and October 1 shall receive only one (1) such holiday for such year; an employee who is hired after October 1 shall not receive any such floating holiday for such year C With the exception of 5 5 F , floating holidays cannot be converted to cash and must be utilized during the year in which they are earned or will be forfeited o An employee shall be required to apply all accumulated floating holiday time when utilizing On-the-Job Injury Leave, FMLA, Disability Leave and all other applicable Leaves as described and referenced in Section 5 E. Use of a floating holiday requires advanced approval from the employee's immediate supervisor Completion of a Pre-Authorization for Leave form may be required. 5-2 F Upon termination, employees will be paid for accrued, unused floating holiday hours. However, the official separation date shall be the last day of active employment and shall not be extended with unused floating holiday leave unless pre-authorized by the City Manager 56 RELIGIOUS HOLIDAY OBSERVANCE An employee who wishes to be excused from work in obseNance of a religious holiday will request approval of the absence from the Department Director If approved, the time off is charged against vacation leave, floating holiday, or compensatory time 5 7 VACATION LEAVE A EliQibilitv - Effective on appointment, all reqular employees earn and accrue accumulote vacation leave from the initial date of hire vacation leave on a monthly basis in accordance with the time in seNice schedule outlined below and recorded month to month on an anniversary date basis. and the increase in '/acation allocotion, due to a length of sONico change, is effecti'/e on the employeo's onniversary date. /\11 regular full time employees receive vacotion leave according to the following schedule; regular part time employees receive vocation leove at a prorated rate MONTHLY HOURLY ACCRUALS Years of ---r40-HourlWeek I 35-HourlWeek pO-HourlWeek 1 25-HourlWeek-20-HourlWeek- Service i Status . Status .. Status Status 1. Status ~~ o thr~u9.h. 5'-y'ears - 8.00 hours-7 QO hours ___ 6QO h~urs5 00 hours--.-l 4 00 hours-----J [6throuEb..10 years~ 1Q 00 hou~__ 8J5 hour!; L 250J10u~ 6~25J1ou~ ~~OO hours _ 11 through 15 years 1.2.00 hours 1050 hours 900 h. o. urs 775 hours --.L 6.0.0 hou.rs L16 -;;r more years_~ 11 OOhours ~ 12-25hour~ 1050 hours ~ ..8 75 hours J 7' OQl1our~! Regular Part- Time Status is calculated on a prorated basis. B Maximum Hours - Employees may carry over from one (1) year to the next all allowable accumulated vacation hours. As of December 31 of each year, no employee will be permitted to have an accumulated amount of accrued vacation leave in excess of two hundred forty (240) hours. Any employee who has accumulated more than 240 hours of vacation will cease to earn any additional vacation until such time as the employee's vacation leave accumulation is reduced to or below 240 hours. C Use of Vacation 1 Employees eligible for vacation accrual must work or be on approved leave, including leave without pay if such leave is for less than fifteen (15) calendar days, for all scheduled working days in a month to earn vacation leave for that month. a. If, during the period an employee is on vacation leave, a condition occurs that would allow the employee to take sick leave or other justifiable leave, this condition should be reported to the Department Director In the case of illness, a statement from a physician verifying any period of illness may be required to be submitted. The Department Director must then charge this period to sick leave or other appropriate leave. If this is not followed, vacation leave will continue to be charged. b Designated holidays which occur during vacation leave shall not be charged against vacation time. 2. Regularly Scheduled Day Off - Vacation hours shall be charged against the employee's accrued vacation for only those hours that the employee is regularly scheduled to work. 3 Forfeiture of accrued leave as a disciplinary action shall not be authorized No employee shall lose accrued vacation leave when promoted, demoted, or transferred. D Grantinq of Vacation Leave 1 The dates and length of time an employee uses accrued and accumulated vacation leave requires prior approval by the employee's immediate supeNisor All non-exempt employees may be required to request said leave, in writing on a Pre-Authorization for Leave form and submit in advance to his/her supeNisor 2. While supeNisory personnel will strive to accommodate staff requests relating to vacation scheduling, such requests cannot always be honored and various factors including the business needs of the City, effects on employee performance, and public safety, may affect vacation schedules. In some circumstances, the City may need, and reseNes the right, to cancel previously scheduled and approved vacations. 3. Unless agreed upon in advance, vacation compensation will be paid on the City's customary payday, at the employee's rate of pay at the time vacation commences. Employees on vacation will be paid for eight (8) the hours for each vacation day used and will have eight (8) hours the equivalent number of hours will be deducted from their accrued vacation entitlement. 4 An employee may not take more vacation leave than they have accrued as of the date such leave is used. 5-3 5 An employee who takes vacation leave without authorization may be subject to suspension without pay for a period equal to three (3) times the amount of time so taken, may not be paid for such unauthorized leave; and may be subject to dismissal. E. Compensation for Accrued Vacation Leave - Upon termination, retirement or death, employees will be paid, at the employee's base rate of pay, for all allowable accrued, unused vacation time, 1 The official separation date shall be the last day of active employment and shall not be extended with unused vacation leave unless pre-authorized by the City Manager 2. Upon the death of an employee, compensation of unused accrued vacation leave shall be paid to the estate of the deceased employee. F Vacation Cash-Out and Required Vacation - An employee may, once each calendar year, request and receive payment in exchange for accrued vacation leave for hours in excess of eighty (80) The maximum number of vacation hours that may be exchanged is forty (40) hours. An employee who requests a cash payment for up to forty (40) hours of vacation leave does not need to provide justification. However, the employee is required to take at least one (1) week of actual vacation/rest time each calendar year unless the exception is approved by his/her Department Director Forms to request vacation cash-out may be obtained in Human Resources. 58 SICK LEAVE A EliQibilitv - Regular full-time and regular part-time, and trial service employees within these classifications, are eligible to accrue and use sick leave B Accrual Effective on appointment, all regular full time employees shall earn and accrue sick leave on the basis of eight (8) hours per month for full-time status, prorated basis for part-time status: MONTHLY HOURLY ACCRUALS - - _._.~~ -- -- -- - -- "- -,- - --- -- -- - -- I 40-HourlWeek 35-HourlWeek I 30-HourlWeek I 25-HourlWeek 20-HourlWeek ! Status_ _ ~ _ Status _ ~_~tatu~_~ _Statu~ _ Status_ _ -.Jl.OQho.LJl's _..L 7 00 hours 6 00 hours ~O hgur~ _L 4.Q0 hou~ ~ 2. Regulor port time employees sholl earn ond occrue sick leave ot a prorated basis. Sick Leave accrual is recorded month to month on an anniversary date basis. An employee must work or be on approved leave for all scheduled work days in a month to earn sick leave for that month Leave without pay will qualify as approved leave if the total length of such leave is for less than thirty (30) calendar days. 3 Forfeiture of sick leave as a disciplinary action shall not be authorized An employee shall not lose sick leave accrued when promoted, demoted, or transferred 4 Employees sholl earn and accrue sick leave from their dote of hire ond accrual is recorded month to month on an ::mniversary date basis. Employees who are reinstated shall earn and accrue leave as though their date of reinstatement is the date of hire. 5 Sick time shall be charged against an employee's accrued sick leave for only those hours that the employee is regularly scheduled to work. Designated holidays that occur during sick leave shall not be charged against sick time. C Accumulation - Sick leave accrual is unlimited for all eligible active employees who were employed by the City prior to February 13, 1990 All eligible employees hired on or after February 13, 1990 are limited to 480 hours. D Use of Sick Leave - Sick leave may be requested in the case of personal sickness or disability or medical or dental treatment for the employee. ~ Such leave may also be used for an illness or injury the employee's care or the care of a member within the employee's immediate family, when it is necessary for the family's welfare of the employee's family The Family and Medical Leave Section of this Policy states other conditions under which sick leave may be requested E. Activities Incompatible with Sick Leave - Any employee who is absent after requesting sick leave may not engage in work or other activities that are in conflict with the reasons given for use of sick leave by the employee for being on sick leave. While on sick leave, an employee must not engage in any activity which would hamper his/her ability to return to work. F Abuse of Sick Leave - In the event of questions concerning sick leave usage, supervisors may require written documentation. G Usage, not related to FMLA or an approved absence, which affects an employee's performance or ability to be relied upon, whether or not in excess of the accumulation rate, may be a factor of consideration in potential transfers, promotions, pay increases, disciplinary action or any personnel transaction 5-4 H Confidentiality - All documentation related to the employee's or family member's medical condition is held in strict confidence and maintained in the employee's confidential medical file in the Human Resources Office Payment of Group Health Premiums - Any portion of group health plan premiums which the employee has paid before starting an FMLA leave must continue to be paid by the employee during the leave Any changes to premium rates and levels of coverage or other conditions of the plan that apply to other active employees also applies to eligible employees on FMLA leave. Payments for insurance will be deducted through the payroll process if possible. If payroll deductions are not possible, the employee will be required to remit payment by the time designated by the City The City's obligation to maintain group health benefits ends after a premium payment is more than 30 days late. If coverage should lapse while the employee is on FMLA leave, equivalent coverage will be restored upon return to work and he/she will not be required to meet any qualification 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 RiQhts Upon Return to Work 1 Early Return - Since an employee may only be required to take FMLA leave for reasons that qualify and may not be required to take more leave than necessary, the employee may be promptly restored if the employee requests reinstatement earlier than 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 ill! 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. Employment Protection - Except as otherwise provided by the FMLA, employees returning from FMLA leave will be restored to the same position held before the leave, or an equivalent position. The City does not guarantee any position to an employee who does not return to work after the twelve (12) work week Family Leave period (which includes any vacation, sick, holiday, or compensatory leave used by the employee while on Family Leave) M. Effect of Family Leave Upon Seniority and Continuity of Service - An employee is not entitled to seniority or benefit accruals during periods of unpaid family and medical leave However, an employee does not lose seniority or benefits accrued prior to family and medical leave In addition, the next date of performance appraisal shall be adjusted by the amount of time in accordance with Section 6 7 N. Failure to Return from Leaye - 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. 510 DOMESTIC VIOLENCE LEAVE On April 19, 2002, a new law became effective in Colorado that addresses domestic violence in the workplace. Specifically, the law provides that an employer may seek 0 civil restr3ining order for the protection of its employees. In the ovent, an employee becomes a victim of domestic violence, stalking, and/or sexual OSS311lt, he/she may be eligible to recoive up to three (3) days of le3ve to attend to a number of related matters. Eligibility information and reqllirements may ee obtained in the Human Resources Office. 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 the 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 services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, 5-7 . 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 and preparing for court-related proceedings arising from domestic violence acts. C Employees need to contact Human Resources to request a Domestic Violence Leave. The following documentation shall 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 shall 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 sick, vacation, 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 511 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 shall report to the appropriate facility and a worker's compensation claim form is initiated immediately A. Grantinq of Iniury Leave 1 A regular employee who is injured or develops a work-related illness in the line of duty shall be granted injury leave with pay for a period of ninety (90) calendar days, if the illness or injury is determined to be compensable under worker's compensation as defined by the worker's compensation law 2. While on injury leave, the employee is required to maintain contact with his/her supervisor and provide medical information as requested. Failure to maintain contact, provide requested medical information or submit to an examination by a City-selected physician, if requested, may result in disciplinary action up to and including dismissal. Exceptions to this policy may be made when an employee is unable to communicate due to the nature of the injury/illness. 3 In accordance with C R.S 8-52-104, the compensation paid to any employee by the City or its worker's compensation insurance carrier during the period of total disability whose injury is caused by anyone of the following, shall 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 sick leave during the period of disability due to injury or illness. However, such sick 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 shall be deducted from the employee's pay 4 For the duration of the Injury Leave, the City shall 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 5-8 514 MILITARY LEAVE A. Grantinq of Military Traininq Leave 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 shall 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 shall 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 Computation of Pay - 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 Military Leave Without Pay Durinq War Or Other Emerqencies - 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 shall 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 shall be entitled to all rights and benefits granted such employees under any applicable federal laws and statutes or rules of the State of Colorado 2. The employee may use accrued annual leave or accrued holiday leave while on military duty D Peacetime Military Leave Any employee who enlists, is inducted or is appointed into military service of the United States for initial period of obligated service, shall 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, shall be deemed to have voluntarily resigned, effective as of his last day of active duty with the City E. Pension Riqhts Retained - Any employee receiving a leave of absence in accordance with this section and participating in a City pension plan shall retain all rights accrued up to the time of taking such leave and shall 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 RS 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 G. Reinstatement 1 Employees shall 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 shall 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) 5-11 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 shall 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 shall have the same rights with respect to accrued and future seniority status, efficiency rating, annual leave, sick leave, and other benefits as if he/she had been actually employed during the time of such leave. No employee so reinstated shall be removed or discharged within one year thereafter, except for cause and after notice and hearing; but this shall 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 accrued leave, (vacation, compensatory, holiday, and sick, if applicable), shall be paid an employee who has been granted wartime and military leave before placed on leave without pay 515 BEREAVEMENT LEAVE A In the event of a death in a full time regular employee's immediate family, the employee may be granted time off with pay, up to a maximum of one workweek. Said time will not be charged to vacation, sick, holiday, or compensatory leave Bereavement leave may be granted for use as a grieving period after the death of a member of the immediate family and/or for settlement of estates of the immediate family B Should an employee require additional time other than provided for in 5 15.(A), said time may be requested from the Department Director and such time shall be charged to the employee's accrued vacation, sick, holiday, or compensatory leave Employees may be required to complete a Pre-Authorization for Leave form. C Amount of leave to be granted shall be at the Department Director's discretion with City Manager's approval, considering travel distance and relationship to the deceased. D Management may require the employee to provide substantiating evidence. Any misrepresentation in connection with a Bereavement Leave may result in discipline up to and including dismissal. -- 516 EDUCATIONAL LEAVE When recommended by the Department Director and approved by the City Manager, a full timo regular employee may be granted educational leave without pay for a period not to exceed ninety (90) days. The City Manager, shall determine whether the education is sufficiently related to the employee's work, thereby enabling the employee to perform his/her duties more efficiently and effectively, to merit an unpaid educational leave. 517 ADMINISTRATIVE LEAVE FLSA-Exempt employees are not paid overtime or given compensatory time off, however, they may be authorized administrative leave or time off with pay if unusual demands require excessive hours of work beyond the normal forty (40) hour workweek. Administrative Leave is not to be taken on an hour-far-hour basis, (8 hours extra worked does not equal 8 hours time-off) as such practice may jeopardize the exempt status of the position. Requests for a full workday of administrative leave will be submitted in writing and cite the nature and extent of excessive hours worked, Such requests must be approved by the City Manager or designee. 518 INVESTIGATIVE LEAVE A regular employee may be suspended from work, with pay and benefits, at the request of the supervisor and Department Director and with approval from the City Manager for up to thirty (30) calendar days for the purpose of conducting an investigation or other inquiry into allegations or charges of wrong-doing or violation of federal or state law, City or departmental regulations or for acts or omissions which discredit the City Should the investigation require the suspension of the employee beyond the thirty (30) days, such time shall be without pay, however, the employee may utilize accrued vacation, holiday, and/or compensatory leave, if available Extension of the thirty (30) days with pay may be granted by the City Manager if deemed to be in the best interest of the City Suspensions under this section will terminate when the investigation or inquiry is concluded and has been reviewed and acted upon by the Department Director or City Manager 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 suspension. 5-12 519 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. 5.20 COURT APPEARANCE A Jurv Dutv A regular employee required to report for jury duty during the employee's workday is granted leave with pay The employee receives full pay from the City for the time served on the jury, provided the employee remits to the City, all fees for jury duty as soon as the duty fees are received. Compensation for mileage when the employee uses their own vehicle and the subsistence allowance is not to be considered as fees and are retained by the employee When the employee is traveling in a City-owned vehicle, the employee remits all mileage fees to the City 2. Before a regular employee can be granted leave with pay for jury duty, the employee must give their immediate supervisor a copy of the summons to serve on a jury 3 An employee released from jury duty or serving as a witness is required to return to work when available B. Subpoena or Witness - Work Related 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 is granted leave with pay when the employee is appearing during the workday An employee who appears when off-duty receives overtime payor compensatory time Compensation received by the employee for witness or subpoena fees, and for mileage when traveling in a City-owned vehicle is remitted to the City Compensation for mileage, when traveling in a private vehicle, is retained by the employee. C Subpoena or Witness - Non-Work Related If an employee is subpoenaed to appear in court as a witness in a matter not arising from their job-related duties with the City, they will use accumulated leave and provide a copy of the subpoena to their immediate supervisor The employee shall retain compensation for witness or subpoena fees, mileage, and subsistence. 5.21 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 shall be made prior to election day Such absence shall not be charged to vacation, sick, holiday, or compensatory leave. 522. 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. 5.23 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. B Leave without Pay shall not be granted until an employee has exhausted all leave, (sick included if applicable), allowed pursuant to these Policies, 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 shall be required to apply for and use all approved FMLA leave as described in Section 5 9 5-13 E. During a leave of absence of more than thirty (30) calendar days, benefits (Le , vacation, sick and holiday leave) shall not accrue, nor shall 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 shall 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. 5.24 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. B 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 shall 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. Employees on approved leave during the unexpected closing of City business shall not have their leave reduced by the number of hours the City is closed. 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. 5,25 SHARED LEAVE A. Purpose - The purpose of shared leave is to permit City employees to come to the aid of a fellow City employee who is suffering from or has an immediate family member suffering from an extraordinary medical emergency The severity of the emergency would cause the employee to take leave without payor to terminate employment without shared leave. Shared leave may be donated to an employee who is taking FMLA leave to enable the employee out on FMLA leave to continue to be paid during the absence. Application of shared leave will not affect the duration of that employee's 12-week entitlement. B Eliqibilitv Criteria - The Human Resources Manager, with the City Manager's approval, permits an employee to receive shared leave if 1 The employee suffers, or has an immediate family member suffering from, an illness, injury, impairment, physical or mental condition that is of an extraordinary or severe nature and which would otherwise cause, or be likely to cause, the employee to go on a leave without payor terminate employment with the City 2. The employee has or shortly will have exhausted all vacation leave, sick leave, compensatory time and holiday compensatory time. 3 Prior to the use of shared leave, the employee has abided by the City's sick leave policy 4 The employee is found to be ineligible for worker's compensation insurance benefits 5 The use of shared leave will not significantly increase the City's costs, except for those costs which would otherwise be incurred in the administration of this program or which would otherwise be incurred by the employee's department. 6 The employee provides appropriate medical justification and documentation of the necessity for the leave and the length of time the employee expects to be absent due to the condition 5-14 Cit of Wheat Rid e Personnel Policies SECTION 6 COMPENSA liON , , '.~"i Approved by Council: November 28, 2005 .,-~. Section(s) Revised: 6AA, 6.6A, 6.6.8.1 thru 3, 6.6.C2, 6.6D, 6.7 C.3, 6.7 CA., 69A.1, 2,&9 61 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. 62. 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. 63 EMPLOYMENT RATE FOR NEW, REHIRED OR REAPPOINTED EMPLOYEES A. New Employees - Normally, new employees will be compensated at the entry leyel of the pay range assigned to the class to which they are appointed. However, providing funds are available, new employees may be hired above the entry level of the range due to unusual qualifications or other unusual conditions. The Human Resources Manager, at the recommendation of the Department Director, shall determine whether a new employee's salary shall exceed the entry level of the range B Rehired Employees - An employee who is rehired shall be compensated at the entry level unless otherwise recommended and justified under this Policy The appointment date and performance appraisal date for a former employee who is rehired shall be defined as the date of rehire with the City C Re-appointed Employees - An employee so re-appointed is considered a new appointee. The employee has no vested interest in or is entitled to any benefits accrued during any previous employment with the City, except retirement system benefits. The re-appointed employee will be subject to the requirements of the proper retirement system of which the employee was previously an active member D Rescinded Dismissal - The appointment date of an employee who was dismissed for disciplinary reasons and whose dismissal has been rescinded, shall be the date in effect at the time of separation from employment. However, accumulation of vacation and sick leave 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 aboye their present salary, except that if the incumbent's salary exceeds the maximum rate for the class the maximum rate shall be assigned. 64 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 the his/her qualifications as mutually determined the Department Director and Human Resources Manager Upon pay increase of ten percent, (10%) or the minimum of the higher 013ss, whiohe'/er is greater, but not to exceed the m3ximum sal3rJ of the position. .^,ny devi3tions from this must be 3pproved by the City Council. 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 66 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 ::m :1djustmont in his/her pay that reflects :1 10%increase or placement to the minimum of tho now pay range, whichever is greoter. Should the increase result in an amount not registered within the new pay range, the employee will receive the additional increase necessary to place them at a pay :Jmount that is reflected in the now pay range. The employee's promotional pay rate shall be within the pay range for the position to which he/she has been promoted 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 ~st of the year following approval of the 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 66 (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 The pay rate received sholl be in accordance with Section 6.6.(,11,) if ::lssignment reflects a higher P:JY le'lol; Section 66.(C).2., if assignment is :J lower levol; and 6.6.(D)., if no chango in pay assignment is w:Jrrontod. 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 66 (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 66 (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 Disciplinarv reasons - A pay rate within the position's pay range will be determined by the City Manager 2. Non-disciplinary 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 Lateral ChanQe - 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 tnal 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 B for the appropriate assignment. 3 The performance appraisal date, regardless of whether the employee is in a non-exempt or exempt status, shall change in the event of extended leaves, regardless of paid or unpaid, in excess of thirty (30) calendar days, (consecutive), upon which the total days absent will be added to their current performance appraisal date, e.g . Employee is out 29 days = evaluation date of June 1 remains unchanged . Employee is out 45 days = evaluation date of June 1 changes to July 16 4 An employee receiving an Indeterminate or Unacceptable Performance Appraisal or is placed in a Return to Trial Service status should sRaU be re-evaluated at least every sixty (60) 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 review period. If a review is extended for said reasons, the effective date for any attached pay adjustment will reflect the date upon which a satisfactory review is effective. 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 Pay Increase - Employees who exhibit acceptable job performance may be recommended for a pay increase within the assigned salary range of the position and in accordance with the budget. 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 established performance appraisal date, unless otherwise stipulated in the compensation plan. B The pay increase raises the level of the employee's base salary and shall not, in any case, exceed the maximum of the salary range for the employee's classification as established in the compensation schedule. 6-3 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. 69 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-Exempt Emplovees - An employee, not in an exempt position, who works time in excess of the standard work- week, shall be compensated for overtime in the form of payor compensatory time off 1 The City j:}aJ'S compensates FLSA non-exempt employees for authorized overtime as follows: a. Eligible employees shall be pai4 compensated overtime at the rate of one and one-half (1%) times their regular hourly rate 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 pai4 compensated overtime in accordance with FLSA. b Compensated days of leave such as sick, injury, compensatory time, holiday, annual or other paid leave shall not be considered as time worked for the purposes of computing overtime. c. When it is necessary to direct employees to report for emergency overtime work, see Section 610 d When an employee appears in court while off-duty, as a witness in a matter arising from his/her job- related duties, see Section 5.20 B 2. Compensatorv Time - 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 one 3nd one h3lf (1 %) hours for each hour worked in excess forty (10) hours per 'Neek, to the m3ximum accumulated 3mount 3l1owed. Tho accumulation 3nd uso of compem:atory time by 3n employee Sh311 be documented on the employeo's timesheot. a. The employee's ability to take compensatory time off is dependent on the department's operational requirements. b 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 vacation leave. If the employee has no accrued vacation leave, that time shall be charged as leave without pay 3 To be eligible to work overtime, the employee must first receive prior approval from his/her Department Director or designee. An employee must inform his/her supervisor of any work situation that could cause the employee the need to work any hours above his/her standard workweek. 4 All compensatory time hours earned or used must be reported on employee time sheets and approved by the supervisor and Department Director 5 Supervisory employees shall have the authority to require overtime work as necessary All employees are required to work overtime when deemed necessary by the employee's supervisor In the event an employee is unable to work overtime, his/her supervisor must be notified immediately 6 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. 7 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. 8 Non-exempt employees will be paid at termination of employment for any unused compensatory time. This time will be paid at the employee's current hourly rate of pay However, the employee's official separation date shall be their last date of active employment and shall not be extended with unused compensatory time. 9 Compensatory time can be accumulated up to a maximum of eighty (80) hours. Any overtime earned above this maximum amount must be compensated for in the form of pay B Exempt Emplovees - While exempt employees have no entitlement to compensatory time off, they may be granted Administrative Leave as outlined these Policies. 610 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 6-4 Compensation - When a non-exempt on-call employee performs work in a call-back status, he/she shall be compensated at an overtime rate for a minimum of one (1) hour or the actual time worked outside of his/her daily normal working hour schedule, whichever is greater 2. Safety - Whenever possible, no person should be required to report for duty within ten (10) hours of the end of the previous full and continuous shift worked. In this case, a full and continuous shift may last for a maximum of sixteen (16) hours. 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 or volunteer position, those hours worked must be counted to determine the overtime or compensatory time due for the work week. 6.12. LONGEVITY PAY Longevity p:3Y 3S :3 benefit for length of service, sh:311 be 3pplic3ble only to those regul3r full time 3nd rogul3r p3rt time employees '""ho were employed prior to the effective date of Ordinance Number 231, and Sh311 be di&continued as:3 fringe benefit for 311 persons hired sub&equent to the effoctive d3te of th3t ordin3nce dated l\priI3, 1977. Such p:3Y sh311 be computed by using the indi'/idu31'& b3&e s313ry as determined at the beginning of the employee's longevity pay eligibility year with the City. Longevity pay shall be computed in equal installments 3nd p3id on e3ch pay period at the r3te of fi'/e (5%) percent of base s31ary, Base salary shall mean the current salary p3id to the employee 3S 3uthorized in the compens3tion schedule for his c13&sific:3tion, exclusive of fringe benefit&, paid overtime 3nd other premium P3Y. Tobl monthly salary, including longe',ity pay, shall net exceed the maximum pay for the Cl3ssification of the employee as est:3blished in the Compens3tion Schedule. Service v/ith any other governmental 3gency or other employer shall not be included in the comput3tion of longevity pay. 612, 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 they may be given alternate or additional benefits, with approval of CounciL C Performance Appraisal - The Department Director's work performance, with the exception of the City Clerk and Treasurer, shall be formally reviewed at the discretion of 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 Citv of Wheat Ridae Personnel Policies SECTION 7 CLASSIFICA liON POLICY Section(s) Revised: 7 4.B., 7 4.B.4, 74 C 1., 7 6. Approved by Council: November 28, 2005 '&':-!>"~"'~"'. "'1' ~<'i-,~:.:.,,-_ .._ _ ~il(f~. .-,'fA. 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 72. 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. 73 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 74 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 8.2. . Job Specification Change - An audit may also be initiated by an employee or supervisor at any time when there has been a significant change in the employee's job responsibilities. For results in changes to compensation, see Section 6.6 8 3 B Requests - As changes occur in the responsibilities of a position, it is appropriate to the classification review to determine whether changes in the classification of a position are justified. Such changes may result from gradual modifications and additions to the responsibilities of a position and/or from a departmental reorganization in efforts to meet the goals and objectives of the City's strategic planes). Because of the implications of a position reclassification, these basic Policies are followed: 1 A request for classification review begins only when the Department Director can clearly identify the changes in responsibilities that have occurred as a result of reorganization, enhanced job duties, or changes in work complexity The justification focuses on the content of the position which has changed 2. Increases in work volume, outstanding performance, or admirable behavioral traits of the incumbent, although valued and important, are not relevant to a classification audit. 3. If an employee believes his/her position is no longer properly classified, the employee may request through their Department Director that a classification audit be performed. 4 The Department Director, in consultation with the Human Resources office, determines that the request meets the criteria and the changes are conducive toward meeting the goals and objectives of the City's strategic planes), therefore has 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 that the employee is properly working within the current classification. 5 Position reclassifications have budgetary impacts. Therefore, requests for classification audits are started and completed before the commencement of the annual budget process. Department Directors plan their requests for position reclassifications so the audits can be completed for consideration in budget requests for the next fiscal year 6 When the City determines that a new classification specification or reclassification of an existing classification is necessary, the Human Resources office, with approval of the affected department, 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 and the following information is included: . A copy of the most recently-approved position description, . 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 that the Department Director considers appropriate to document the change in the position regarding its complexity, skills, or accountability; . A completed 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 classification specification changes and incorporation of changes into a revised position description outlining basic functions, examples of work, required knowledge and skills, basic qualifications, and desirable training and experience. The Human Resources Manager reviews the revised position description with the employee and the employee's immediate supervisor; b The Human resources Manager reviews the revised position description and identifies what changes in responsibilities would or would not justify the need to place the position in a higher or lower classification, c. The Human Resources Manager will value the classification as appropriate; d The Human Resources Manager then forwards the information and recommendation to the City Manager, the affected Department Director, and employee, e The City Manager receives and considers the recommendations and determines the proper action. 3 Timeline - Classification audits are accomplished in a timely fashion. The audit and the response explaining the recommended action are delivered to the appropriate parties within a reasonable time, generally within sixty (60) working days of receiving the request. 7 5 RECLASSIFICATION RESULTS Upon approval of a reclassification by the City Manager, 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 shall be submitted initially by the Department Director to the City Manager, with an explanation of why the position is needed and how it will assist in meeting the City's strategic plan(s), and any other pertinent information and Human Resources will be provided with the following. . A full description of the duties, functions, and responsibilities of the position with an organizational chart showing its relationship to existing positions and classifications; . 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 ~ 77 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 7-2 SECTION 8 City of Wheat RidQe Personnel Policies EDUCATIONAL PROGRAMS & WORK-RELATED TRAVEL ., Section(s) Revised: 826., 8.2.C 8.4 1 ,8.6.6.1 , 8.6.C 1 through 8.6.C.3.a. - e. Approved by Council: November 28, 2005 ~i~ 8,1 POLICY STATEMENT The personal and professional development of employees is vital to the success of each employee and the City As such, the City supports and encourages training, self improvement, and personal development programs for all employees through on-the-job training, educational programs, and certification. 8,2. EDUCATIONAL PROGRAMS AND TUITION REIMBURSEMENT Planning an employee's individual development or learning plan is the joint responsibility of the employee and immediate supervisor, and occurs at least annually All employees and managers are strongly encouraged to take advantage of advanced educational programs. A Training may include demonstrations, reading assignments, lecture courses, workshops, seminars, teleconferences, or other methods that may be available to improve the effectiveness and broaden the knowledge of employees. B Training is considered directly or indirectly related to the employee's job if the supervisor employee's Department Director and Human Resources Manager determines it is designed to make the employee handle his/her job more effectively Training is not considered directly or indirectly related if it prepares the employee for another job, provides new or additional skills for advancement, or when it is not intended to make the employee more efficient in his/her current job, even though the course incidentally improves skills for performing his/her regular work. C The funGs for training are budgeted within departmental and divisional budgets. It is the responsibility of each department to project the number of employees participating in these programs within their department ami budget ::Jccordingly for each fiscal year D Employees should be aware that, due to budgeting restraints, the City is under no obligation to approve all employee requests. Funds allocated to departmental budgets for these programs are divided in a fair and equitable manner 83 TRAINING PROGRAMS ESTABLISHED BY THE CITY A Training sessions and courses can be established by the Department Director where the employee would benefit from such training, or may be provided on a City-wide basis. In cases where City funding is unavailable or insufficient, or where the training opportunity provides a personal as well as a work-related benefit to the employee, the employee may be required to share in or pay the entire cost of such training opportunity if he/she desires to attend. B Although operational considerations must be given first priority, supervisors and Department Directors are encouraged to make reasonable arrangements that will allow employees to attend such training opportunities. It will be the responsibility of Department Directors to initiate and promote in-service training of employees to improve the quality of personnel services. 84 CONFERENCES, WORKSHOPS, SPECIAL TRAINING COURSES, OR SEMINARS A Employees are encouraged to attend professional seminars, conferences, workshops and other special training, providing such educational opportunities are directly or indirectly related to the employee's employment and moneys are available in the budget as specified in Section 8.2. 1 When an employee represents the City at the request of his/her Department Director at a seminar, lecture or training session, all expenses incident to the training shall initially be reimbursed paid by the City in accordance with policies, Training expenses are also t<ltally reimburE:3ble to the employee paid by the City to maintain or improve skills required for the employee's position, provided all expenses are requested by the Department Director and moneys are provided in the department budget. All training programs must be approved by the Department Director or designee in advance, If the cost of the program is in excess of the amount allotted in 86 C.2., the employee may be required to comply with the stipulations as outlined in Personnel Policy 8.6 D 1 b If the training session is required of the employee s position and a pass/fail or Grade is issued, reimbursement to the City of all or a portion of the expenses will be in accordance with Personnel Policy 8.6 C 3.a. through 8 6 C 3 d. 2. In-state and out-of-state travel or conference registration expenses must have prior approval of the Department Director Forms and procedures for employees wishing to attend conferences shall be provided by the City 8-1 3 Attendance by covered employees at these seminars, conferences and training classes will not be treated as hours worked for FLSA purposes if all of the following criteria are met: a. attendance by the employee is voluntary; b the seminar, conference or training is not directly related to the employee's job, and c. the employee does not perform any productive City work during such attendance. B Attendance by covered employees is not considered voluntary if it is required by the City or if the employee is led to believe that hislher present working conditions or the continuance of their employment would be adversely affected by non-attendance 85 WORK-RELATED TRAVEL Employees required to travel on business for the City are paid a sufficient amount to cover expenses accrued in a reasonable manner The following guidelines result from FLSA legal interpretations: A. Definitions "Routine" Travel Time To and From Work Travel time to and from work before and after the regular workday is not work time, This is true whether the employee works at a fixed location or at different job sites. 2. "Extraordinary" Travel Time To and From Work In contrast, however, if an employee is given a special one-day work assignment, inclusive of required attendance at a training function, in another city, this travel time is not regarded as ordinary home-to-work travel and would qualify as working time Example An employee who works in Wheat Ridge, with regular working hours from 8.00 a.m. to 5.00p.m. may be given a special assignment in Colorado Springs with instructions to leave Wheat Ridge at 7 00 a.m. The employee arrives in Colorado Springs at 8.00 a.m., the special assignment is completed at 5.00 pm. and the employee arrives back in Wheat Ridge at 6:00 pm. The travel is not regarded as ordinary home-to-work travel because it is performed for the employer's benefit and at the employer's special request to meet the needs of the particular and unusual assignment However, not all the travel time involved must be counted as working time Since, except for the special assignment, the employee would have had to report to their regular work site, the amount of time it would take the employee to travel between their home and the normal work site need not be counted as hours worked. 3 "Extraordinary" Travellnvolvina Overniqht Travel a. Required travel that keeps an employee away from home overnight is travel from home and is work time when it cuts across the employee's workday The time is not only hours worked if it occurs during the employee's normal working day and working hours, but also if it occurs during the corresponding hours on nonworking days. Thus, as an example: employee regularly working Monday through Friday, from 8.00 a.m. to 5.00 pm., travel time between 8.00 a.m. - 5.00 pm. is work time if it occurs on Saturday and Sunday, as well as, on weekdays. b. In contrast, time spent in travel away from the home but outside of regular working hours need not be counted as hours worked if the employee is a passenger, e.g. traveling by airplane, bus car, or train. If the employee is a driver of a vehicle, all time spent driving in the vehicle to and from the assignment is regarded as working hours, except that if public transportation would have required less time, the City may count as hours worked the less time-consuming method of transportation. The employee is expected to choose the most economical and expedient mode of transportation in terms of time and cost 4 Travel From Work Site to Work Site Time spent traveling from one work site to another must be counted as hours worked. If an employee is required to drive a vehicle to transport tools, equipment, or other employees from the employer's place of business to the job site, that is considered work time. It makes no difference whether the vehicle is the employee's, the City's, or rented B Travel Pay - Employees will be paid by an approved appropriation in a departmental budget. The appropriation will be in the best interest of the City and will be approved by the Department Director For specific procedures, refer to the internal administrative Travel and Payment of Expenses policy 8-2 86 TUITION ASSISTANCE PROGRAM A Purpose - The Tuition Assistance Program is to encourage and assist employees to enhance their effectiveness through education and training, to improve their skills and knowledge, and to improve the ability to carry out their job duties. The City makes this investment in the employee with the expectation that it will improve the employee's productivity and the employee is committed to continued employment with the City B Eligibility - In order to be eligible for the reimbursement of tuition, registration, and books for approved courses taken when the employee is off duty, all of the items listed in the following 1-5 are required: Employees must have completed their Trial Service Period and be certified to their "regular" (benefited) position, 2. Courses taken are through an accredited and recognized educational or training institution, 3 Criteria as outlined in Section 8.2 are met; 4 The employee completes and submits the required material as outlined in Section 8 6.D Procedures, and 5 The employee must demonstrate successful completion of all course work through receipt of a "C" grade or higher, or a pass in a pass/fail system; or provide documentation of successful completion of courses where no letter grade is given. 6 Employees separating from City employment prior to the completion of an approved course are not eligible for reimbursement. C Policy 1 Employees are responsible for tuition charges when the required course leading to a degree is not related to their employment, as determined by the Human Resources Manager and the employee's Department Director 2. The maximum reimbursement for full-time eligible employees is $2,000 per employee per calendar year and for part-time eligible employees, this amount will be pro-rated. 3 Employees who meet the criteria as set forth in this policy may be reimbursed up to 100% for tuition, registration, and books subject to availability of funding in the City's annual operating budget. Reimbursement will be on the basis of the grade obtained for each course. a. For a grade of "A" or "B", the employee shall be reimbursed for 100% of the above mentioned costs, b For a grade of "C", the employee shall be reimbursed for 50% of said costs, c. 0% reimbursement for a grade of "D", "F", or an incomplete grade unless or until such course is completed with the requisite passing grade d. If a course is graded on a pass/fail basis, an employee who receives a grade of "pass" shall receive 100% reimbursement for the above costs and 0% reimbursement for a failing grade e The Department Director may reduce the percentage reimbursed for tuition based on budgetary constraints. 4 The Department Director may adjust an employee's work schedules so that they may attend degree and non-degree related courses under this policy However, this adjustment shall be at the sole discretion of the Department Director D Procedure Eligible employees who want to participate in the tuition assistance program must complete and submit for approval, prior to enrolling in such a program, the following two forms. To the degree possible, the forms are submitted to the employee's immediate supervisor during the budgeting process. a. Tuition Assistance Request form - outlines course content, purpose of education, degree/certificate sought, total of semester/graduate hours for which reimbursement is desired and estimated completion date of program. b AQreement and Certification form - stipulates the employee will remain in City employment for a minimum of one (1) full year after completion of course approved for reimbursement; the employee agrees that if termination occurs prior to the one (1) year commitment period, repayment of the amount provided by the City for tuition assistance on a pro-rata basis will result; and, if other costs are incurred due to collection of delinquent sums, the employee will pay such expenses in addition to the portion of reimbursement. 8-3 2. The approval or disapproval for tuition reimbursement shall be the decision of the Department Director The Department Director will indicate approval or disapproval on the Tuition Assistance Request form with an explanation for the determination. 3 The Department Director will forward both forms to Human Resources for final review Human Resources will verify the forms are complete with all appropriate signatures and required information. Human Resources will be responsible for returning a copy of the final determination to the appropriate department. 4 It shall be the responsibility of the department to notify the employee as to the approval or disapproval of tuition reimbursement. 5 Within thirty (30) calendar days after published course completion date, the employee must forward an approved check request form along with evidence of satisfactory completion of the course(s) and a receipt for tuition, to the Administrative Services Department for payment. 6 Failure to submit appropriate documents within time limits indicated in this policy may result in denial of tuition reimbursement for course(s). Reimbursements are contingent upon compliance with requirements listed in this policy and availability of funds E. Limitation on Expenses Books - If the City reimburses the employee for books, the City retains the books for a departmental library established for employees' use. If the employee wants to keep the books, then the City does not reimburse the employee for that cost. 2. Workbooks, special assessment fees, or late registration fees will not be considered reimbursable expenses. 3 If the employee pays for the tuition, registration or books on a credit card or installment plan, no service fees or financial charges are paid by the City 4 If an employee receives assistance under federal or state government legislation, or other student aid programs, for tuition, registration, or books for an approved course, the City pays only the difference, if any, between the student aid and the actual costs for tuition, registration, and books. 8-4 City of Wheat Ridge Personnel Policies SECTION 9 SUBSTANCE ABUSE POLICY Sections Revised 9.3.B.1.a., 9.3B.3., 9 3.B 4,9.4 C.2., 9 4.D 1.e., 9A.D 4.c, 94.05., 9.7A Approved by Council: November 28, 2005 ';.IJ~~;;., \ t~-&..@f,}. 91 PURPOSE The City considers its employees to be its most valuable asset and believes that professionalism in the delivery of public services can only be maintained within a drug-and-alcohol-free work environment. Further, the City believes that employees have a right to work in an environment free of drugs and alcohol and employees have the obligation not to place themselves or their co-worker in a situation where job performance is impaired by substance abuse. This policy has been developed in compliance with the Federal Drug-Free Workplace Act of 1988, regulations of the US Department of Transportation ("DOT"), the Federal Transit Administration ("FTA)", and other relevant authorities It also incorporates the City's Drug Free Workplace Policy 9.2. POLICY It is the policy of the City of Wheat Ridge that employees and volunteers present themselves for duty, free of the influence of illegal drugs or other intoxicants. The use, sale, or possession of an illegal drug or alcohol in the work place may negatively affect the City's efficiency in providing service to its citizens and can have an adverse impact on how the public perceives the City of Wheat Ridge and its employees. A The City intends to follow all applicable laws and regulations, including the Americans With Disabilities Act (ADA). The City reserves the right to obtain and consider information on an applicant's fitness for a given position. The information may include but is not limited to the applicant's obedience to law, including the use, sale, manufacture, transfer, and possession of controlled substances or alcohol. B. The City is a public entity and wishes to retain the confidence of the public in the services provided by the City's work force, therefore, the City will not knowingly hire or retain individuals who illegally buy, possess, use or sell controlled substances. 9 3 DRUG FREE WORKPLACE A Policy Statement - The City recognizes that the maintenance of a drug-free workplace is essential to the safety and welfare of its employees This policy establishes City programs and practices that promote and support a drug-free working environment and brings the City into compliance with the Drug-Free Workplace Act of 1988 The City wishes to educate its employees as to the dangers of drug abuse in the workplace, the City's commitment to a drug-free workplace, the penalties that may be imposed upon employees for drug violations in the workplace, and the City's commitment of support for employees undergoing treatment and rehabilitation of chemical dependencies B Provisions Controlled Substances - a. The manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol in the workplace is prohibited, (conduct prohibited in accordance with 94 C). Reporting to work under the influence of 3 controlled subst3nce or alcohol is prohibited. b As a condition of employment, all employees must notify their Department Director of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) dates after such a conviction. 2. Prescription or Over-the-Counter DrUG Use - The use of prescription and over-the-counter drugs which compromise the safety in the workplace or the quality of the employee's work product is prohibited. It is the employee's responsibility to check with their physician as to whether or not a prescription drug will impair performance and to notify his/her supervisor of the physician's opinion. Employees are specifically required to notify their immediate supervisors of any restrictions, hazards or effects when they are taking medications with warning labels 3 DrUG Use Awav from the Workplace - The use of a controlled substance off the work site by an employee may be grounds for disciplinary action if it results in an adverse impact on job performance or the confidence of the public in the City as an employer 4 Emplovee Sanctions - It is the responsibility of every employee to be aware of the above provisions and to abide by them. Failure to observe these provisions will result in immediate disciplinary action against the employee, up to and including termination. The employee m3Y be required to particip3t.e s3tisfGctorily in 3n 31cohol or drug 3buse 3ssist3nce or reh:::tbilit:::ttive program. 9-1 5 Emplovee Assistance ProQram - The City is committed to supporting employees undergoing treatment and rehabilitation for alcohol or other chemical dependency The City will provide information to employees on available drug counseling and rehabilitation programs. 6 Druq Abuse Education Proqram - The City will utilize all available City resources to educate employees as to the dangers of drug abuse. 7 Confidentialitv - The confidentiality of all complaints and reported violations of the provisions of this directive will be maintained as strictly as possible, except as required by public disclosure laws or court order 9 4 DRUG AND ALCOHOL TESTING A This policy sets forth the City of Wheat Ridge's alcohol and drug testing program and the testing and reporting requirements as required by the United States Department of Transportation and the City This policy applies to all employees as outlined in Section 94 D S DEFINITIONS Accident - means an occurrence involving a vehicle on a public road which results in: . a fatality; . bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; . One or more motor vehicles incurring disabling damage requiring the vehicle to be transported away from the scene by a tow truck or other vehicle; . A citation for a moving traffic violation arising from the accident; . Overall propertylvehicle damage estimated at $1,000 or more; or . The employee can not be completely discounted as a contributing factor to the accident. Alcohol Abuse - the ingestion of alcohol or alcoholic beverages, on or off duty, which adversely affects the employee's ability to perform his or her job duties Confirmation Test - Gas Chromatography/Mass Spectrometry (GC/MS) used to identify the specific substance present. Driver - includes all employees whose positions may involve driving a commercial vehicle and that require the possession of a Commercial Driver's License. Commercial Vehicle - one that either . Has a gross vehicle weight of over 26,000 pounds (including combined weight if towed unit weighs over 10,000 pounds); . Is designed to transport 16 or more persons, including the driver; or . Is used to transport hazardous materials. DruQs - for the purposes of this policy, in accordance with the applicable federal regulations, "drugs" refers to the following five categories of substances: marijuana (THC), cocaine, opiates, phencyclidine (PCP), and amphetamines. DruQ Abuse - use of any controlled substance as defined in Colorado Statutes Title 12, and any applicable amendments thereof, not pursuant to a lawful prescription, EST (Evidential Breath Testino) - device used to measure alcohol level. HHS Policies - Department of Health and Human Services Mandatory Policies for Federal Workplace Drug Testing Programs - those Policies as printed in the April 11 , 1988 Federal Register (53FR11970), as they may be amended from time to time IlIeaal Druo - any controlled substance as defined in Colorado Statutes, Title 12 as amended from time to time, not possessed or taken in accordance with a lawful prescription. Impairment - any detectable level of an intoxicant in a person's system, including prescription medication. Motorized Vehicle - on or off road motorized vehicle. MRO (Medical Review Officer) - licensed physician with knowledge of drug abuse disorders. Radioimmunoassav of Hair (RIAH) - a drug screening process which uses a small sample of human hair to detect whether an individual has used drugs. Reasonable Suspicion - based on specific, objective facts derived from the surrounding circumstances from which it's reasonable to infer that further investigation is warranted. 9-2 Substance Abuse Professional (SAP) - may be a licensed physician or licensed or certified psychologist, social worker, or Employee Assistance Professional with knowledge of and clinical experience in the diagnosis and treatment of alcohol related disorders; or drug abuse counselors certified by NAADAC Certification Commission. The SAP is responsible for evaluating employees with positive test results. Safety Sensitive Position - If an employee is performing any of these activities with respect to a City vehicle to which a C D L. applies or responsible for operating emergency vehicles, that person is considered to be performing a safety-sensitive function · Any time waiting to be dispatched on a yehicle, . Any time spent inspecting equipment or inspecting, servicing, or conditioning a vehicle, . All driving time, · Any time in a vehicle, other than when resting in its sleeper berth, if any; · All time spent loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, being ready to drive a vehicle, or giving or receiving receipts for shipments loaded or unloaded; · All time spent by an employee following required procedures after being involved in an accident involving injury, death or property damage of any kind; and · All time repairing, obtaining assistance for, or staying by a damaged vehicle. Substances Releasinq Toxic Vapors - use of any product as, defined in the City of Wheat Ridge Ordinance Section 75-96, for the purpose of causing a condition of euphoria, excitement, exhilaration, stupefaction or dulled sense or nervous system. Also includes possessing, buying or using any such substance for the purpose of violating or aiding another to violate this section. Workinq Hours - the time from when an employee arrives at the work place at the beginning of the work day until the time the employee leaves the workplace at the end of the work day, whether the regular shift, overtime, call back or other time worked. Workplace - any facility, premise, parking lot, and/or work site of the City of Wheat Ridge including any place and/or function to which an employee is sent as a representative of the City Workplace also refers to vehicles and equipment of the City, and to private vehicles used by the employee while on duty C PROHIBITED CONDUCT - The following conduct regarding alcohol and drug use or abuse is prohibited Alcohol Concentration - An employee may not report for or remain on duty while having an alcohol concentration of 0 04 or greater Police Officers while on duty but not in uniform, may drink while performing in authorized undercover operations and/or when serving as the subject of an educational seminar or class that addresses alcohol use and/or intoxication. 2. Alcohol Possession and On-Dutv Use of Alcohol - An employee may not possess or use alcohol while on- duty, including while operating a city vehicle or a personal vehicle on behalf of the City, with the exception of circumstances as described in Section 94 C.2., or 'Nhile operating a City Vehicle. 3 Pre-Duty Use of Alcohol - An employee may not operate a commercial vehicle within four (4) hours after using alcohol. A stand-by employee who consumes alcohol within four (4) hours of being called in must acknowledge the use of alcohol and may not report for duty 4 Alcohol Use Followinq An Accident - An employee required to take a post-accident alcohol test may not use alcohol for eight (8) hours following the accident, or until a post-accident alcohol test is given, whichever comes first. 5 Use of Druqs - An employee may not report for duty or remain on duty, when the employee has used a drug or drugs, except when the use is pursuant to instructions of a physician who has advised the employee that the substance does not adversely affect the employee's ability to safely operate a vehicle Employees who are taking a prescription or over-the-counter medication that may impair their ability to perform their duties safely and effectively should provide written notice from their physician or pharmacist with respect to the effects of such substances. 6 Refusal to Submit to a Required Test - An employee may not refuse to submit to a post-accident, random, reasonable suspicion, or follow-up alcohol or drug test as directed by this policy 7 Positive Druq Test - An employee may not report for duty or remain on duty, for the performance of duties covered under this policy, if the employee tests positive for drugs or alcohol. 8 Tamperinq with a Required Test - An employee may not tamper with, adulterate, alter, substitute or otherwise obstruct any testing process required under this policy 9 Possession, Transfer, or Sale - No employee may possess, transfer, or sell drugs or alcohol while on duty in any position covered by this policy 9-3 D CIRCUMSTANCES REQUIRING TESTING - The City of Wheat Ridge will require tests for the presence of alcohol or illegal drugs under any of the following circumstances. Post-Hire Offer - A candidate for employment considered to be a prospective appointee, shall be required to undergo pre-employment drug testing upon a conditional offer of employment and prior to his/her appointment as a City employee in the position of 1) armed police officer; 2) positions having access to police property evidence, 3) positions requiring the possession of a Commercial Driver's License or the operation of Commercial Vehicles as prescribed by state or federal regulations, and, 4) positions which require the operation of passenger vans and transportation of the public as a regular daily activity of the position. The City reserves the right to institute a City-wide program in which this policy will apply to all positions. a. Securing Information from Previous Employers - If a person is to be hired into a position subject to this policy and during the previous two years has worked as a driver of a commercial vehicle, that person must authorize a request for all employers of the driver within the past two years to release information on positive alcohol or drug tests or if there was a refusal to be tested b If the person has passed the pre-employment drug test but the requested information has not arrived by the applicant's anticipated start date, the person may be hired with the understanding that continuation of employment may be contingent upon obtainment of the requested information from the previous employers within 14 calendar days from date of hire. If the information has not been received within this time period, the person will not be permitted to drive commercial vehicles until the information has arrived. c. If the information obtained from previous employer(s) indicates whether a positive test or a refusal to be tested occurred within the past two (2) years, that person will not be permitted to drive commercial vehicles unless subsequent information indicates than an evaluation by a Substance Abuse Professional was made and return to duty testing was administered d If no such information was generated about the applicant or if the past employer(s) cannot be located or refuse(s) to cooperate, the supervisor will so document and send a report to Human Resources. Normal hiring may proceed when a memo documenting the lack of information has been sent to Human Resources e. Any applicant who tests positive for any controlled substance, or for a prohibited concentration of alcohol (more than 02%), shall be deemed unfit for City employment and will be ineligible for employment opportunities with the City for six (6) months. (Moved from 9 7A) 2. Annual Phvsical Examination - As part of an employee's annual physical examination, if applicable 3 Promotion or Transfer - Whenever an employee is promoted or transferred to a position identified in 94 D 1 unless the employee is already serving in a position as described in 94 D 1 4 Reasonable Suspicion - Any employee shall submit to a drug and/or alcohol test when the City reasonably suspects that this policy (except the prohibitions against possession, transfer or sale of alcohol) may have been or are presently being violated A referral for testing will be based on contemporaneous, articulate observations. Such referrals will be made by supervisory personnel or designee that have received training concerning the signs and symptoms of drug and alcohol use, and confirmed by a second trained supervisor When reasonable suspicion exists, the affected employee will be questioned and observed A decision to request a specimen will be based upon eye-witness reports, facts of the event and observed physical and behavioral characteristics of the affected employee The employee will be interviewed in a private area. a. Verification - A reasonable suspicion request will be documented in writing with a copy provided to the affected employee. b Relief of Duty - The employee will be placed on paid leave until the results of the drug and/or alcohol test are complete and verified. If the test results are negative, the employee will be compensated during the waiting period for all work time lost. If the test results are positive, employees will be allowed to use vacation, compensatory time, sick leave or other paid leaves during the period of absence to eliminate any loss of income. c. Transportation Assistance - At least one member of the City management team or designee and/or Human Resources staff will accompany the employee to the collection site and will provide the employee with transportation to his/her home after testing is completed. A City vehicle, whenever possible, should be used for transporting the employee. Tho emf3loyee will be 3ccomp3nied to the collection sito by 3 supervisor or director. The employee 'l'lill be provided tr3nsport3tion home. If the employer deems the employee's behavior to be belligerent and/or the employee refuses and demands to drive his/her vehicle, the employer shall notify law enforcement. 9-4 d Alcohol testing for reasonable suspicion may only be initiated during the employee's working hours. If an employee is removed from duty based on reasonable suspicion of alcohol use and an alcohol test is not administered within eight (8) hours, the employee will not be allowed to perform or continue to perform their job until an alcohol test is administered and the breath alcohol concentration measures less than 0 02 or 24 hours have elapsed following the determination that there is reasonable suspicion to believe that the employee has violated this policy concerning the use of alcohol. 5, Post Accident - Substance testing is required whenever an employee is involved in an accident while operating a City of Wheat Ridge vehicle or when operating his/her own vehicle while performing work for the City of Wheat Ridge which results in. personal injury or property damage deemed as significant by the Department Director a death: an injury that warrants outside medical attention, and/or equipment/vehicle is disabled. a. The driver ie required to submit to alcohol and drug tests. Testing should occur as soon as possible, but may not exceed eight (6) hours after the accident for alcohol testing and thirty-two (32) hours after the accident for drug testing b. An employee involved in any accident that will or may result in a drug test must remain available for testing and may not take any action to interfere with testing or the results of testing. c Stipulations as outlined in 9 4 D 4 b. and c. will apply d. Drivers who do not comply with post-accident test requirements will be considered to have refused to submit to testing and will be subject to sanctions for refusal to test as provided in this policy 6 Return to Duty - Employees who have violated this policy, including those who have tested positive on a drug or alcohol test, and, who under the discipline policy, are allowed to return to work, must test negative prior to being released for duty A return to duty test following alcohol misuse may not exceed an alcohol concentration of 0 02. If an employee tests positive for drugs or has an alcohol test that indicates a blood alcohol level of 04 or greater from a random, reasonable suspicion, or post-accident test, or engages in prohibited conduct as outlined in this Policy, the employee will be immediately removed from duties. The employee will not be permitted to return to work unless he/she. a. Has been evaluated by a qualified Substance Abuse Professional; and, b Has a verified negative result on a return-to-duty alcohol, ( 02) and/or drug test; and, c. If recommended by a Substance Abuse Professional, has properly followed any rehabilitation prescribed. Upon completion of a recommended rehabilitation program and successful return to work, an employee will be subject to follow-up random testing in accordance with 9 4 D 8 7 Random Basis - As prescribed by City policy for employees performing safety-sensitive functions, a Testing must be tested either just before, just after, or during the safety-sensitive function. b. Initial rate at testing must be equal to an annual rate of 50% of the employees performing safety- sensitive functions for drugs and 25% for alcohol. Selection is through a scientifically valid method, spread reasonably and unpredictably through the year 8 Follow Up - An employee who is referred for assistance related to alcohol misuse and/or use of drugs is subject to unannounced follow-up testing for a period not to exceed sixty (60) months as directed by a Substance Abuse Professional and the City The number and frequency of follow-up tests will be determined by the Substance Abuse Professional and the City, but will not be less than six (6) tests in the first twelve (12) months following the employee's return to duty 9 Re-TestinQ - Employees who test positive for drugs may request, at their expense, a second test of the remaining portion of the split sample within seventy-two (72) hours of notification of a positive test result by the Medical Review Officer E. REFUSAL TO SUBMIT TO A REQUIRED TEST - No employee shall refuse to submit an alcohol or drug test as directed under this policy Refusal to submit to a test shall be considered insubordination and shall be deemed the same as a positive test result. A refusal to submit shall include, but is not limited to 1 A failure to provide adequate breath for testing without a valid medical explanation after the employee has received notice of the requirement for breath testing in accordance with the procedures manual; 2. Failure to provide adequate urine for drug testing without a valid medical explanation after the employee has received notice of the requirement for urine testing in accordance with the procedures manual; 3 Engaging in conduct that obstructs the testing process 9-5 F CONFIDENTIALITY AND RECORD RETENTION - All records related to drug and alcohol testing will be maintained in a secure location with controlled access. These records will be kept separate from records pertaining to all other employees. Only the employee or applicant may access the results of their test(s) if they make a request in writinQ. 9 5 TESTING POLICIES A. The City of Wheat Ridge shall pay the cost of any physical examination(s) and tests required by this section, unless otherwise indicated B Physical examinations and/or specimens required by this section will normally be obtained from an employee, while the employee is on duty If an employee is required to submit to examinations or testing other than during normal duty hours, the employee shall be paid for all time required for the examination and testing C The decision to require a urinalysis, blood, breath or Radioimmunoassay of Hair test in the case of suspected drug and/or alcohol use, will require the approval of the City Manager or designee and the employee's Department Director or designee prior to any test taking place. D All test samples will be collected at a designated facility as arranged through Human Resources. An appropriate chain of custody will be established and maintained to ensure the accuracy of test result. An employee may not tamper with, adulterate, alter, substitute, or otherwise obstruct any testing process required under this policy Physical examinations and/or tests as described in this policy will be performed by medical personnel selected by the City of Wheat Ridge. 2. Applicants and/or employees who are required to take the examination(s) as described in this section shall sign a release and consent form to permit such testing and analysis, and the release of test results to those individuals involved in the selection and hiring process with a need to know such test results. Refusal or failure to sign the release and consent form or submit to such testing and analysis, will result: a) If an applicant - the candidate shall be ineligible and disqualified from City employment opportunity for six (6) months, b). If an employee - the employee shall be subject to discipline, up to and including termination from City employment. 3 With the exception of random testing, an employee will be removed from active duty and be placed on investigative leave while awaiting the results of the testes) as described in this policy 9 6 TRAINING All City of Wheat Ridge supervisory employees shall receive training to ensure they understand their roles and responsibilities in implementing this policy Such training shall include behavioral observation techniques for detecting reduced job performance and impairment or change in employee behavior; techniques for recognizing alcohol, drugs, drug paraphernalia, and the indications of the use, sale, or possession of alcohol and drugs, and the procedures, 9 7 CORRECTIVE ACTION All employees, regardless of disciplinary action taken, will be advised of resources available to the employee in evaluating or resolving problems associated with drug use or alcohol misuse. A. P.ny applicant who ta~ts po~iti\'e for :my controlled substance, or for a prohibited concentration of alcohol (more than .02%), shall be deemed unfit for City employment and '.viII be ineligible for employment opportunitie~ with the City for six (6) months. Moved to 9 4 D 1 e. A Any employee found to have possessed, used or been under the influence of illegal drugs or alcohol while on duty shall be subject to disciplinary action, up to and including termination from City employment. All employees, regardless of disciplinary action taken, will be advised of resources available to the employee in evaluating or resolving problems associated with drug use or alcohol misuse B A controlled substance in an individual's system, during working hours, if not medically prescribed, of more than a trace (trace = less than 0 04% for intoxicating beverages) as evidenced by a drug or alcohol test administered pursuant to a statutory or regulatory requirement or a previously established written drug or alcohol policy of the employer and conducted by a medical facility or laboratory licensed to conduct such test, may disqualify the former employee from eligibility for unemployment compensation benefits. 9-6 City of Wheat Ridge Personnel Policies SECTION 10' SAFETY POLICY, EQUIPMENT, ACCIDENTS AND INJURIES Section(s) Revised: 1 0.2 ,(previously 10.5.) 10.3., 1 0.5.B. & C (previously 102) Approved by Council: November 28,2005 .~,~'..,,""" ~.~ 'J'll.:~. "~" eJ-','-::E.;{.'.' ',:; ',,"t,...:;;.s~-:':""~' :''-' .i~.~1;),.m., . .:;~ 101 SAFETY STATEMENT The City of Wheat Ridge aspires to provide every City employee with safe and healthful working conditions, so far as reasonably possible A All employees have the duty to comply with the City's safety and health standards that are applicable to their own actions and conduct, and to notify their supervisor of any safety hazards or safety problems, B It is the intent of the City to post safety rules and regulations and promote safety through a regular safety campaign C It is the responsibility of each employee to assist management to follow the intent of this rule. To this end, employees are expected to accept their own responsibilities for safe conduct, maintain safe conditions with orderly housekeeping, report unsafe conditions they cannot correct themselves, use tools and equipment properly, maintain tools and equipment in good condition and report defects as needed, and apply the safety practices and procedures in which they have been taught. D Employees are required to report all injuries to their supervisors promptly as described in Section 107 Failure to do so may cause loss under the Worker's Compensation Act, and result in disciplinary action up to and including dismissal. W410.2. REQUIRED DRIVER'S LICENSES The pocsession of a valid Colorado dri\<er'c licencCJ appropri3te for the t.ype of vehicle(s) the applicant or employee '....ill oper3te and the 3bility to legally operate the type of City vehicle to which the employee ic acsigned, are required. The City reserves tho right to conduct a periodic re'liew of employee's driving record to verify possession, v::ilidity, and complianco with this Section. A Applicants fer Emplovment Except as provided to the contr3ry by the AD/'., an applic3nt for a position which requires the use of a City vehicle and a valid Colorado driver's license may not be appointed to that position when any of tho f.allowing conditions exist: (Strictor conditions may bo placed for sworn officer positions). 1. The applic3nt's licenso h::is been suspended or revoked within the preceding twelve (12) months; 2 The applicant ic otherwise disqualified from driving or are unable to s3f€ly and eff€ctively oFlGrato a vehicle, 3. The applicant hac been convicted of a felony while using a motor vohicle or le3ving the scene of an accident involving use of 3 motor vehicle within the past three (3) ye3rs; 4, Tho applic3nt has beon convicted of reckless driving, or conviction of an offen so which resulted in a f3tality or serious injury while oFlerating a motor vehicle in the Flreceding throe (3) years. 5. Tho applic3nt has Deen convicted of driving while under the influence of alcohol or :1 controlled substance or driving whilo ability impoired by alcohol or a controlled stlbstance in tho preceding three (d) yoars; B. Current Employees A It is the City of Wheat Ridge's policy and requirement for employment that every employee position with driving duties requires a motor vehicle record (MVR) meeting the grading requirements outlined below This MVR policy applies both to drivers of company owned vehicles, as well as, employees using personal vehicles in the course of company business. B MVRs, on persons whose position requires a driver's license, will be examined prior to the start of employment and at least annually thereafter Said applicant/employee will be required to sign a release form each time a driving history is requested. For a position with driving duties. any job offers or for continued employment shall be contingent upon an MVR meeting the required standards as outlined below. All operators must have a valid driver's license for at least three (3) years. 2. In the past three (3) year period, driving records must contain no major violations and no suspensions for moving violations. All MVRs will be reviewed to complete the three (3) year driving history and the conviction date will be used to determine if the violation or suspension is in the three (3) year period 10-1 MOTOR VEHICLE GRADING CRITERIA (last 3 yearsl Number of MINOR Violations Number of at-fault accidents 0 1 2 3 0 Clear Acceptable Borderline Poor 1 Acceptable Acceptable Borderline Poor 2 Acceptable Borderline Poor Poor 3 Borderline Poor Poor Poor 4 Poor Poor Poor Poor Any MAJOR Violation Poor Poor Poor Poor Minor Violation: Any minor violation other than a maior except: Maior Violations . Speeding (20 mph or less over posted - some . Driving under influence of alcohol/drugs states are 15) . Failure to stop/report an accident . Motor vehicle equipment, load or size requirement . Reckless driving/speeding contest . Improper failure to display license plates . Driving while impaired . Failure to sign or display registration . Mailing a false accident report . Failure to have driver's license in possession . Homicide, manslaughter or assault arising out (if valid license exists) of the use of a vehicle . Driving while license is suspended/revoked . Careless driving . AttemptinQ to elude a police officer 3 In reference to the table above, no new driver will be hired with a "borderline" or "poor" MVR as minimum requirements; and for continued employment in positions with driving duties, driving records must remain "acceptable" or "clear," as outlined in the chart. C These standards must be maintained to drive on City business. Any exceptions to these guidelines must be referred to senior management for written approval. The auto insurance carrier will be consulted on any/all MVRs not meeting the minimum criteria D If moving from another State, a current Colorado license is required within thirty (30) days of hire. E. Suspension, revocation, denial, or cancellation of license - In such circumstances, it is the responsibility of all employees, required by the nature of their position to possess a valid motor vehicle operator's license, including a Commercial Driver's License (C D L.), to notify their supervisor and Human Resources immediately upon the disqualification from driving. The employee must refrain from operating a City vehicle under these circumstances. Any deviation from this policy may result in discipline up to and including dismissal. Immediately upon notification of the suspension, revocation, cancellation, denial of an employee's license or other disqualification, the employee shall be prohibited by the supervisor from driving or operating any City vehicle or equipment that requires the possession of a valid driver's license, 2. The supervisor, Department Director and the Human Resources Manager will examine the alternatives available for the re-assignment of the employee to an available vacant position not requiring a driver's license for which the employee is qualified. a. Should such a vacancy exist for which the employee is qualified, the employee may be offered the opportunity to transfer to the position at a rate of pay commensurate with the pay range of the other position classification but not necessarily at the same rate of pay the employee had attained in the previous position b. Except as provided to the contrary by the ADA, if there are no such other vacant positions available, or if the only available positions require the possession of a valid driver's license, the employee shall be terminated from employment. 4 If an employee has his/her driver's license privileges restored, and is currently employed by the City, the employee may be returned to his/her former position if a vacancy exists. If no vacancy exists when the employee's license is restored, the employee may reapply for the position previously held when the next available vacancy occurs. However, the employee is required to compete with any other applicants for the vacant position as described in Section 2 of these Policies and to undergo any testing as required by the selection procedures and requirements. 10-2 10 3 USE OF CITY VEHICLES AND PROPERTY fl.. An employee m~E:t pOE:seSE: 3 v3lia, 31lllropri3te Colorado ariver's license in order to oper3te 3 City owned vehicle while on City b~siness. A Operation of a City-owned vehicle is restricted to official City business or City-authorized activities and functions and operation of said vehicle is restricted to City employees. B Other City property shall not be used for private purposes without pre-authorization from the Department Director No City employee shall use or permit the use of City vehicles for any private purposes unless specifically authorized, in writing, by the City Manager 104 USE OF PRIVATE VEHICLES A An employee who is authorized by the City Manager, Department Director, or supervisor to operate a private vehicle on official City business shall be reimbursed for mileage for such usage at a rate prescribed by the Administrative Services Director B If an employee becomes involved in an accident while operating his/her personal vehicle on City business, the employee's personal auto insurance coverage is the primary policy C Traffic citations and parking tickets received while operating a vehicle on City business are the responsibility of the employee 10 5~, VEHICLE EQUIPMENT ACCIDENTS & DAMAGE & EMPLOYEE INJURIES A If, while operating a City-owned vehicle or privately-owned vehicle in the performance of official City duties, an employee is involved in an accident resulting in personal injury or property damage, the employee shall: Notify and report the accident to the appropriate law enforcement officials. 2. Report the accident to his/her immediate supervisor as soon as possible, but no later than the next calendar day after the accident. 3. Refrain from any discussion of the accident with anyone other than the representatives of the employee's own insurance company, (if personal vehicle is involved), the law enforcement, his/her supervisor, Department Director, and the person(s) responsible for the City's risk management. 4 The employee, (or supervisor if employee is unable), shall file a Police Report as soon as is reasonably possible and not later than twenty-four (24) hours following the accident if it results in a personal injury, other than self, or damage to a City vehicle, equipment or property In addition, documentation outlining the event, date, time, and names and addresses of all involved may be required to be submitted to the Administrative Services Department. Forms for completion may be obtained from the Department Director 5 The employee, (or supervisor if employee is unable), shall follow procedures as outlined if a work-related injury is sustained as a result of an accident. B The City reserves the right to impose discipline, up to ::md including dismiss31 and/or corrective action upon employees involved in incidents that result in property damage or personal injury The City also reserves the right to seek recovery from such employees, any damages permitted by law relating to such losses. C An employee will be required to take a drug and/or alcohol test in cases of 10E:s or damage to equipment or property, (refer to Section 9). death, an injury that warrants outside medical attention, and/or equipment/vehicle is disabled as a result of an accident, (refer to Section 94 D 5 ) 106 W,+.. REPORTING OF WORK-RELATED INJURIES AND ILLNESSES The following procedures shall be followed to report work related injuries and illnesses. Failure to report an injury or illness as required by these procedures may result in loss of a day's compensation for each day's failure to report. Further, the employee's failure to report may result in the reduction or loss of worker's compensation benefits from the provider 1 Employees are required to report work-related injuries and illnesses to their supervisor as soon as possible and not later than twenty-four (24) hours after an occurrence or knowledge of an occurrence If the employee's condition does not permit this reporting, the supervisor shall be responsible for reporting as required by this section. 2. Employees who are injured on the job must report to the City-designated medical facility as described in Section 10 8 of these Policies.h 10-3 3 Upon reporting an injury, whether medical attention is required or not, the employee and supervisor shall complete the "Employer's First Report of Injury" form provided by Human Resources. The form must be reviewed and signed by the employee's supervisor and Department Director 4 The appropriate copies of the First Report of Injury shall be forwarded to Human Resources within forty- eight (48) hours of the reported injury or illness. A "Supervisor's Statement" must be submitted with an evaluation statement from the medical facility, if medical attention was rendered Medical bills cannot be paid until receipt of this report. 5 Employees should forward all bills relating to the injury to Human Resources for processing and payment. 10 7 ~ CITY-DESIGNATED MEDICAL FACILITY A. Employees must receive any necessary medical care for work-related injuries and illnesses from City- designated health care providers or facilities. Information for specific designated facility should be available at your work facility For questions, contact Human Resources. B In life-threatening emergencies or if the designated facility is closed, employees may receive care at the nearest emergency medical care facility as directed by attending medical personnel. C Failure to use the City's designated medical provider, with the exception of 108 (B) , may result in a reduction or loss of City injury leave benefits and/or worker's compensation benefits from the provider 10 8 ~ ALTERNATIVE DUTY A. It is the City's policy to return employees to an active work status as soon as medically possible following an injury or illness. Human Resources is responsible for coordinating an employee's return to work. B Employees who are on injury leave or sick leave are required to maintain contact with their supervisor and provide medical information as requested by Human Resources so that an evaluation of their fitness for duty can be made An employee's failure to maintain contact, provide requested medical information or submit to an examination by a City-selected physician, if requested, may result in disciplinary action up to and including dismissal. Exceptions to this policy may be made when an employee is unable to communicate due to the nature of the injury/illness. For Injury Leave benefits, see Section 5 of these Policies. C Human Resources, in conjunction with the Department Director, the employee's and/or the City's physician shall make a recommendation regarding the employee's fitness to return to regular duty If the employee is unable to perform the essential functions of his/her regular position, but is qualified to perform other work, the Human Resources Manager may recommend alternative duty or make reasonable accommodations. 1 A temporary alternative duty assignment will be made within the employee's regular department if such work is available as determined and approved by the Department Director If such work is not available, the employee may be assigned work in another department. 2. A reassignment of duties shall be reviewed and compensation will be established based on a labor market study of said duties, the employee's experience and longevity, as well as, the circumstances of the reassignment. D Once it is determined that the employee is capable of performing in a temporary alternative duty capacity and such work is available, the employee shall not be eligible to receive injury or sick leave beyond the date of the determination. E. Temporary alternative duty assignments, if available, may last up to ninety (gO) calendar days. Prior to or concurrent with the 90th day of alternative duty, a recommendation will be made by Human Resources after consultation with the appropriate Department Director(s) and physician(s} regarding the employee's future work status. Alternatives available to the City may include, but are not limited to. 1 Placing the employee in a disability retirement status, 2. Continuing the alternative duty assignment for a specified time, 3 Returning the employee to his/her regular work assignment with or without reasonable accommodation(s}; 4 Transferring the employee to some other position in the City for which he/she is medically and occupationally qualified; or 5. Terminating the employee from employment. 10 9 W4 SAFETY EQUIPMENT The City will provide safety equipment, as it deems necessary and appropriate, to employees whose positions require such safety equipment and may make its use mandatory in certain situations. Employees are required to report to their supervisor, at the earliest opportunity possible, any unsafe working condition that comes to their attention. Any failure to do so may result in discipline up to and including dismissal. 10-4 City of Wheat Ridge Personnel Policies SECTION 11 DISCIPLINARY/CORRECTIVE ACTION AND APPEAL PROCEDURE Section(s) Revised: All Sections (except 11 10) Approved by Council: November 28, 2005 ~'f:;",. :~,L' ::r:01JL' ':.:;::5_:.:~~ ~-iIl' 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 disciplinary 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 disciplino 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 Section 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 Directors, Division Managers, and Supervisors may take the following disciplinary actions or any other appropriate action affecting current pay, status, or terms of employment: 1 Verbal Reprimand: 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 - Written' If a reprimand is in writing, a copy of the reprimand shall become a permanent record in the employee's personnel file as maintained in Human Resources. The employee shall be provided a copy of any written 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 Disciplinary Probation Return to Trial Service Period: Generally deemed as a corrective action, if an employee's performance is failing and he/she is not meeting the expectations of the department, the employee's supervisor, with the approval of the Department Director, may place the employee, regardless of their status, on a disciplinary prob3tion 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 disciplinary probation Return to Trial Service may be discharged for failure to meet performance requirements. 4 Suspension: A disciplinary authority may suspend an employee from employment, with or without pay a. Exempt employees may be suspended without pay for five (5) 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 Investigative Leave as outlined in Section 5 18 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 Dismissal/Discharqe: 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, accrued vacation leave and, if applicable sick leave in accordance with section 5 8 I 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. B The City may administer any method of discipline or corrective at any time, with no obligation to take a lesser disciplinary action before dismissing an employee. A corrective or disciplinary action may occur simultaneously or separately There is no express or implied right to receive a corrective action or counseling prior to or in conjunction with a disciplinary action. Action taken by a disciplinary authority in one (1) case does not necessarily establish a precedent with respect to any other case C The employee's signature of acknowledgement and receipt shall be obtained upon his/her receipt of any written disciplinary or corrective action material. If in the event an employee refuses to make said notation, a "refusal to sign" shall be indicated on the document, dated, and signed by the supervisor 11 5 NON-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 g. A. Demotions or terminations necessary because of elimination of any position or reduction in staff B Employees who no longer can perform the essential functions of their jobs due to illness, physical or mental disability or condition, with or without reasonable accommodations or within the requirements of 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) - The contents of an 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. 11 6 REASONS OR GROUNDS FOR DISCIPLINARY AND/OR CORRECTIVE ACTION A. Grounds 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 Violation of work hours or attendance policies of the department, including job abandonment, Uob abandonment results when an employee does not show up for work and/or does not provide reasonable communication before his/her scheduled work shift); 4 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 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 RS , 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; g 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 the public, or other employees 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, and/or services provided to or by the City for the conduct of the City's business, for personal purposes of the employee or another person or for the conduct of any activity intended to generate income, make a profit, or for bartering purposes, except as pre-authorized. 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 the health or safety of the employee or others, or to the property of the City or others, 23 Conduct which violates any federal or state anti-discrimination law pertaining to employment, including sexual harassment or harassment 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 "Re3sons or Grounds for Disciplinary Action" Section 11 6, or for such other causes as may be deemed necessary in the given situation A. Supervisors 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 disciplinary probation Return to Trial Service, suspension, demotion, or discharge against an employee under their supervision to their next chain of command. B Division 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 disciplinary probation Return to Trial Service, suspension of more than two (2) days, demotion, or discharge to his/her Department Director C Human Resources Manaoer 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 Department Directors shall have the authority to reprimand, discharge, demote, suspend with or without pay, and place an employee on a disciplinary probation 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 will also be kept in their personnel file, B. Reprimand - A disciplinary authority may reprimand an employee orally or in writing Oral reprimands should be appropriately documented. For written reprimands, a copy of the reprimand shall become a permanent record in the employee's Personnel file The employee shall be provided a copy of any written reprimand and shall be permitted to make a written response which shall also be kept in the employee's personnel file. C Suspensions 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 Suspension, Demotion and Discharoe - For disciplinary action other than a reprimand or suspenSion of two (2) days or less, the following procedures shall be employed' 1 Upon learning of an allegation of misconduct, an investigation will be initiated no later than the next business day after receipt of the notification to determine if the allegation is substantiated and if disciplinary action is warranted. Recommendation for disciplinary action will be made within seven (7) days of the completion and review of the investigation supporting the allegation of misconduct. This written notification, titled Recommendation of Disciplinary Action, shall include a statement of the reasons for action and may include a recommended action and shall be submitted up through the line of authority to the appropriate Department Director If the Department Director is the initiator, 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. 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, 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 also advise the employee of a time and place to meet with the Department Director in order to respond to the written notification and that the employee may submit any written response as well. 11-4 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. 119 APPEALS A. Employees, except those identified in Section 11.2. have the right to appeal disciplinary actions that include discharge, demotion, or suspension for more than two (2) working days. An appeal may only be initiated by filing written notification to the City Manager within seven (7) business days after their receipt of the written notice of a disciplinary action. The appeal must specifically state the facts upon which the appeal is based. B 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. If the employee is dissatiE:fied with the decision of the City Manager, he/she may appeal, in writing, within seven (7) business days, to the Human Resources M3n3ger. The Human Resources Manager Sh311 maintain a list of impartial and qualified he3ring officers. Upon receipt of any notice of appeal of the disciplinary action, the Human Resources Manager shall provide the employee with this list and the employee shall select a he3ring officer, based on aV3ilability. If the employee does not select :3 hearing officer from this list within seven (7) business days after receiving the list, the City shall seleot 3 he3ring offioer. E. The hearing officer sh311 conduct a hearing within sixty (60) calendar days after the written notice of 3ppeal is reoelved by the Human Resources Manager, unless good cause is shown that additional time is necessary. 1. There shall be 3dministrative regulations promulgated which provide for notice, procedures to be employed dUring the hearing, and the right of the appellant to be represented by 3ny person of his/her choice 'Nilling to serve, inoluding 3n attorney at 1:::1'.'1. 2. The City may be represented by any person of its choice, including the City Attorney or his/her designee. The City shall also have present, the Hum3n Resources Manager and/or his/her designee. F. The hearing officer's role is to conduct 3 he3ring, including application of procedure 3S established by administrative regulations 3nd shall schedule the date and time for the he:3ring at a location designated by the City of Wheat Ridge. 11-5 1. Tho hoaring officor may issue or C::lbISO to be issued subpoenas f{)r the attond3nce of witnesses, 3S deemed to be relevant by tho he3ring officer, and for the production of books, records, documents, 3nd other e'/idenco and shall have the power to administer oaths. Subpoenas GO issued shall be seryed and upon 3pplication to the District Court by a party or the hearing officer, enforcod in a manner provided by law for the seryice and enforcement of subpoenas in ci'/il actions. No party Sh311 bo ontitled to subpoona any e'/idence not 3dmissible 3t the hearing. Tho hearing officDr h3S no authority to order the taking of 3ny depositions, responses to interrogatories, responses to requests for production of documonts or tho physical or mental exam of any persons. 2. The hearing officer shall endeavor to rendor his/hor docision within thirty (30) calendar d3YS 3fter tho he3ring is completed. He3rings conducted under the provisions of these policies am not open to the public. 3. Tho hearing officer's sole purpose is to determine whether or not reason for disciplinary action oxisted 3nd h:lG no authority to modify 3ny disciplinary action takon. The hearing officer shall consider the ovidence 3nd shall m3ke findings of fact and conclusions in writing, stating whother there was or W3S not causo and notify the City M3nager and appellant accordingly. The findings of bct 3nd conclusions of the hearing officer shall be final. The City Man3ger shall review the hearing officer's findings and conclusions and take 3ny appropriate action, '....hich shall be fin31. C 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 11-6 City of Wheat Ridge Personnel Policies SECTION 12: DEPARTURES FROM EMPLOYMENT Sect;on(s) Revised: 12.5.,12.6 Approved by Council: November 28, 2005 .::..'!~,*li1;<{,""~:i', ,if. ~ "'.lii'\i;;,:l;C's~.~.~{~~i'!i~"\<'s' ,~.' ',,,.;.,::",.' i,::::~Ji:t~~~:~1~; ~ 12.1 PURPOSE It is hoped than any employee will remain with the City for a long time. However, it is recognized that, at times, a situation does not always work out for the long term, and for whatever reasons, employment separation IS the final outcome. This policy will provide descriptions of some, though not necessarily all, of the various circumstances that could arise and provides guidelines for each. 12.2 AT WILL EMPLOYMENT Unless specifically provided additional rights in a written contract, the employment relationship for unclassified employees may be terminated at any time by either the City or the employee, with or without cause and with or without notice. The City may follow a progressive type of discipline however, the City reserves the right to forego that process when, in the discretion of the City, progressive discipline is not merited. The decision to use progressive discipline in a given case is an attempt to improve the performance or behavior, but does not change the at-will nature of the employment relationship 12.3 RESIGNATION PROCESS A. It is customary for employees to provide employers with advance notice of an intended resignation, to permit the employer to make arrangements to fill the vacancy created by an employee's departure In order for an employee to be considered as having resigned in good standing, he/she must submit a written notice of resignation to the relative Department Director at least ten (10) working days before the effective date of the resignation. The Department Director and the City Manager may authorize the resignation of an employee with fewer than ten (10) days notice if there are sufficient reasons to waive the requirements of this section. B. Future Opportunity - An employee who resigns while under suspension or while under disciplinary action shall forfeit all rights to be granted a review under these Policies and Procedures and will not be eligible for appointment or admission to a future examination Employees who resign in good standing may be reinstated to their former or comparable class if a vacancy exists within a period of one (1) year after termination. C Withdrawal - An employee may rescind his/her resignation if such request for withdrawal is submitted prior to the effective date of resignation and has received approval from the relative Department Director The City reserves the right to accept all resignations as final when made. D Separation Date - In order to minimize the City's liability, the employee's official separation date shall be their last day of active employment and the effective date of termination shall not be extended with unused accrued or accumulated leave or compensatory time. The employee is expected to work the total number of hours on his/her last active work day that he/she is normally scheduled to work unless otherwise authorized by the relative Department Director and approved by Human Resources. 124 LAY OFF A. Employees may be laid off by the City Manager due to a change in duties or organization, elimination of a position, shortage of work funds, contracting out City services, or completion of work for which employment was created. In the event that a lay-off becomes necessary, the City reserves the right to make all lay-off and recall decisions in its sole discretion, based on factors that the City deems relevant. Relevant factors may, but need not include, the City's staffing requirements and employee skills, knowledge, performance and experience. Seniority alone shall not be determinative, and need not be considered if the City determines in its sole discretion that other factors should control. The City will not provide recall or bumping rights to any employee or separated employee B Order of Layoff - Is based on the recommendation of the Department Director The order of a layoff is not based on seniority but rather in preparing a recommended order of layoff, the Department Director should consider the lengths of service and the job performances of the employees involved. Employees within the classifications involved will be laid off in the following order, from first to last: emergency employees, temporary employees, trial service period employees, regular part-time employees, and regular full-time employees. 12-1 C Notification - In cases involving a regular full-time or part-time employee, notice of such termination is given to the employee within a reasonable time, generally at least ten (10) working days before the effective date of termination. Employees so notified may be allowed to use reasonable amounts of work time during that period to seek other employment. These terminations are not subject to appeal. D Reinstatement from Layoff - The names of regular full-time and part-time employees are placed on the official layoff reinstatement list for a period of twelve (12) months. Employees on a layoff reinstatement list are eligible for reinstatement to the same classification if a position comes open Employees on the layoff list may also be considered for any open position for which they meet the minimum qualifications. For the employee to be considered for any position, he/she will be required to complete a City Employment Application for each open position they are interested in and submit according to the instructions publicized during the recruitment process. In recalling laid-off employees, consideration of length of service and job performance will be given E. No vacation or paid sick leave or other benefits will accrue during lay-off At the request of the employee, health and dental insurance benefits will continue under the guidelines of COBRA as outlined in Section 12.10 The employee will pay the full premium charged the City 12.5 DISCIPLINARY ACTION An employee may also be terminated at any time as a form of disciplinary action as provided in Section 11 Dismissal of an employee in a 'Trial Service Period" or of a temporary or emergency employee shall be final and not subject to appeal. An employee who receives a dismissal/discharge as a disciplinary action will not be eligible for rehire 12.6 RETIREMENT All regular full-time and part-time employees in City service who retire under the provisions of any present or subsequent retirement policy or plan and who have provided appropriate notice as cited in 12.3.A. are treated as having been separated from City service in good standing. 12.7 TERMINATION BASED ON POSITION REQUIREMENTS An employee who becomes unable to meet the mental, physical, licensing, or certification requirements of the employee's position may be terminated from City employment within thirty (30) days of the date the employee is unable to meet the requirements of their position. Employees with mental or physical impairments that are covered by the ADA shall be entitled to reasonable accommodation in accordance with the ADA. The recommendation for termination will be made to the City Manager by the Department Director 12.8 EXIT INTERVIEW A member of the Human Resources Office shall attempt to conduct an exit interview with all employees who leave the City employment prior to, or on the effective date of employment separation. The purpose of the interview is to retrieve City property, not previously surrendered to the employee's department and solicit the employee's opinions concerning the organization. If applicable, the employee will also be provided with a notice of right to continue health and dental insurance, and shall complete the forms necessary for the disbursement of the employee's vested portion of retirement plan accounts. 12.9 FINAL PAY A. Employees who resign or are dismissed from City service shall be eligible to receive payment for the hours worked during the current pay period plus payment of accrued, as applicable, currently in their account. Said payment is made not later than the following scheduled payday The automatic payroll deposit system will not be utilized for the employee's final paycheck. B At the time of separation, City employees are expected to return all City property in their possession or control. The City reserves the right to withhold from a final paycheck the replacement value of all City property that is not returned by the time that paycheck is due. Employees will be notified of the amount and reason for any such withholding. The withheld sums will be paid, within thirty (30) days, subsequent to the return of the City property in question, less a reasonable deduction for any damage to the property (other than ordinary wear and tear) C The departing employee shall leave a forwarding address with Human Resources indicating where future correspondence and tax report forms can be mailed 12-2 City of Wheat Ridge Personnel Policies SECTION 14 EMPLOYEE PERSONNEL SERVICES t Approved by Council: November 28, 2005 ~ " Section(s) Revised: 147.B. _, p>-.. ""~":;"::l1:;jU; 141 PURPOSE Objectives for maintaining adequate personnel records and reports are. . To demonstrate that legal, regulatory, and procedural requirements for all personnel actions have been satisfied, To provide a basis for making decisions involved in personnel actions; . To provide a basis for reports on personnel activities; . To document the attainment of employees' educational, development and training goals, 14.2. PERSONNEL RECORDS AND FILES A. All employee public personnel files and confidential files shall be maintained under the custodianship of the Human Resources Office. Members of the Human Resources staff, referred to as file custodians, for the purpose of this policy, have the responsibility of keeping personnel records in a secure manner B. Access to information contained in the employee's official files is restricted to those individuals with a need to know as provided by law Such individuals are. the employee, the Department Director, supervisor and City Manager or designee. To the degree possible, security of information will be respected and maintained. C The City hereby determines that only those records contained in its employees' "Public Employee Personnel Files" shall be deemed public records pursuant to C R.S Section 24-72-201, et seq. All other personnel files maintained by the City or its departments, including but not limited to the employees' "General Confidential Files" and "Employee Medical Files" are hereby deemed "personnel files" as that term is defined by Section 24- 72-202(4 5), as files maintained because of the employer-employee relationship D The employee's Department Director and supervisor, or the employee, may request that a document be placed in anyone of his/her files. The file custodian(s) will approve such request and file the document in the appropriate file if it meets the criteria as described in the following sections. If a dispute arises regarding the appropriateness or suitability of filing a document in an employee's official file(s), the employee may file a complaint as provided for in Section 13 of these Policies. E. Documents contained in an employee's official file(s) shall not be permanently removed without Department Director and Human Resources Manager approval. F All statements made by employees on any employment record must be true, accurate and complete. Inaccuracies or omissions on any such record, whether or not intentional, may result in discipline up to and including dismissal. 143 "OFFICIAL" PUBLIC EMPLOYEE PERSONNEL FILE Documents to be contained in the employee's public personnel file may include, but are not limited to the following Application form(s) & cover letter(s) Letter confirming appointment to a position Training courses attended/completed Disciplinary action(s) Performance evaluations/appraisals Classification & Reclassification documents Copy of employee's job description/job posting Employee's receipt for Personnel Policies Education diplomas/degrees or courses completed Letters of resignation Resumes Letter(s) of recommendation Significant achievements Letters of commendation Pay information Awards and recognitions Employee oath of office Employment History Log Requests to inspect the file Notification of termination 14-1 144 CONFIDENTIAL FILES In addition to the primary personnel file, there are additional separate confidential files established for each employee. This is information that is required, and not necessarily performance-related, is nevertheless maintained because of the employer-employee relationship and should not necessarily be seen by supervisors and others. A. General Confidential File An employee's general confidential file shall be maintained under the custodianship of Human Resources. Documents to be contained in this file include, but are not limited, to the following: General benefit information and correspondence Benefit Requests & Approvals Benefit Enrollment and Selection forms Beneficiary designations Benefit and Payment Election forms Pension Plan Enrollment Insurance Continuation Request(s) & Election Notices Interview evaluation forms Pre-employment reference checks Skill(s) assessment/development Complaint(s) or investigation(s) Entrance/Promotional Exams Tuition reimbursement requests or payments Copies of licenses, certificates Claims for unemployment benefits Exit Interview checklist Requests or approvals for Personal Leave Emergency Information Driver's license/motor vehicle record(s) Credit reports Reference release/authorization form Non-medical portion safety and accident reports Changes in name, address, telephone number or emergency notification instructions Any information regarding legal actions, including EEO complaints 2. Documents not listed above, but which result from the employee-employer relationship, as determined by the City, may also be included in the General Confidential File. B Employee Medical File An employee's medical file shall be maintained under custodianship of Human Resources and shall be treated as confidential except as necessitated by special circumstances. 2. Departments are prohibited from maintaining separate medical files/reports regarding the medical history or medical condition of any employee. 3 Documents to be contained in the employee medical file include, but are not limited to Post-offer mental/psychological exam or evaluation Drug screen test results Baseline and subsequent hearing evaluation Request for work accommodation Records of accommodations approved or denied Employment medical evaluation Employee illness, injury, disability reports Physician's memos, letters, notes Health history/medical questionnaires or forms Worker's compensation injury reports and follow-up medical treatment and evaluation Medical portion of employee disability applications and related information 4 Medical documents or records not listed above, but which result from the employee-employer relationship, as determined by the City, may be included in the employee's confidential medical file Current employees shall be provided with copies of documents contained in the confidential Employee Medical File upon request. 14-2 The following describe general personnel records that are maintained by the City in aggregate form The information is maintained under the custodianship of Human Resources, Treasury Department, or other City department which is responsible for the activity for which these records are maintained. Recruitment/EEO Employment verifications and references E E 0-1 reports Benefits Benefit plan rate and renewal information COBRA records Compensation Classification, pay, benefits surveys and studies Wage plan documentation Employee time sheets Employment verifications for loan purposes Employment claims Employee complaints and appeals Unemployment compensation claims Safety Safety equipment records Safety regulations Tests Skills testing or certification TraininQ and Development Training reports Needs analysis surveys Other Evaluations (comments) and those considered to be "Working" document 14 5 GENERAL PERSONNEL RECORDS Position requisitions INS I-g form Benefit plans claims experience Job descriptions FLSA records and determinations Payroll records Wage garnishments Discrimination charges Wage-hour complaints Required OSHA reports Accident reports Promotional examinations Feedback/critique sheets 146 REVIEW OF OFFICIAL EMPLOYEE FILES The originals of documents must be placed in the employee's official personnel file maintained in Human Resources. Any employee may review his/her official files at any time during the standard working hours of Human Resources. Employees or their authorized and designated representative may receive additional copies of any information in their file upon request. The standard photo copy charge established by the City will be assessed for each additional copy provided. 147 RELEASE OF OFFICIAL EMPLOYEE FILE INFORMATION A. Access to and release of information contained in employee files will be provided by Human Resources as provided by law, these Policies, and/or as authorized by the employee. No employee can release the address, telephone number, Social Security number, or date of birth of any employee, officer, or appointed official as shown in the personnel records (except as the law allows) without the prior consent of that employee or appointed official. The Human Resources office, however, has the authority to verify or confirm the above information without prior written permission from the employee, officer, or appointed official. B All current or former employment verifications and/or work references for current or former employees are made through Human Resources For telephone verification, only the dates of employment, pay rate, and job title will be given. Letters for verification of employment or letters requesting other employment information must include a signed release from the employee in question, satisfactory to the City, unless the information is a matter of public record or as otherwise provided by law A Letter of Employment Recommendation may be given to an employee if a signed written release is first obtained by said employee and the written recommendation, prior to its release, is reviewed and approved by Human Resources. C The City will not predict or give a response to questions asking for the "probability of continued employment" in response to loan or employment verification forms. Employees should so advise individuals who would request an employment or loan verification on the employee's behalf of this City policy D Department Directors and supervisors shall have access to any of their employees' or prospective subordinates' personnel or benefit files at any time on a need-to-know basis as provided by these Policies 14-3 148 CHANGES IN PERSONNEL DATA A. Work Related - Every appointment, transfer, promotion, demotion, change in compensation, resignation, suspension, vacancy, leave of absence, official reprimand, commendation, address change, name change, reclassification, and all other temporary or permanent changes in status of employment is reported to the City Manager and the Human Resources Office on a proper form with original documents attached. The effective date and a record of the change is kept by the Human Resources Office. B Personal Information - Employees should be aware of the importance of keeping their personnel records current. Human Resources must be promptly notified, in writing, of any personal information changes to the following: name, address, telephone number, marital status (for benefits and tax withholding purposes only), addresses and telephone numbers of dependents and spouse or former spouse (for insurance purposes only), other dependent change(s), beneficiary designations for any of the City's insurance, disability, retirement, and deferred compensation plans, and persons to be notified in case of emergency 14 9 DESTRUCTION OF RECORDS Personnel files and payroll records are retained in accordance with City policy as well as state and federal laws and guidelines. 14-4 ITEM NO: \ Ie, REQUEST FOR CITY COUNCIL ACTION r, ~~-<Jl~. ,/1 ;-(~ ~ ~-1~1 COUNCIL MEETING DATE: November 28, 2005 TITLE: APPROVAL OF RENEWAL OF KIDS' NITE OUT PROGRAM CONTRACT FOR A PERIOD OF 18 MONTHS o PUBLIC HEARING IZI BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date. _) o ORDINANCES FOR 2ND READING Quasi-JudICIal: o Yes IZI No Ac~,!2~ EXECUTIVE SUMMARY: The KIds' Nite Out program IS held Fnday mghts at the Recreation Center throughout the school year The program has exclusive use of the Recreation Center including the community rooms, pools, gym, climbIng wall, racquetball courts and lobby area. The program IS open to chIldren 8 to 13 years old and offers a WIde varIety of scheduled activities as well as open times for chIldren to choose an activity of their chOIce. This age group IS typIcally hard to plan recreation activities for, but the KIds' Nite Out program has filled the void with a well supervised, quality program. Parents are responsible for signing their children in and out every Friday night. Participants are not allowed to leave the building of their own accord and then return. The fee for the program is $IO/child, WIth the Recreation Center receiVIng $2/child. COMMISSIONIBOARD RECOMMENDATION: NA STATEMENT OF THE ISSUES: The RecreatIOn Center is closed to the public on Fnday mghts. Some pass holders were imtially upset, but the majority of users and parents are very supportive of the program because it benefits the youth of the commumty Staff concern about the wear and tear on the building has been minimized because the staff of KIds' Nite out has been dilIgent about maIntainIng the faCIlity during the event and cleaning up each Fnday night. KIds' Nite Out has been very cooperative in reimbursing the Recreation Center for any damages that do occur. The program started m January of2005 with an average of 177 participants. The average number of participants for this fall (2005) has been 197 Previous usage from pass holders from 6-10 p.m. on Friday evenmgs averaged 111 III 2004 The current average of 197 particIpants from Kids' Nite Out far outweighs the pnor pass holder usage on Friday mghts. Revenue receIved from Kids' Nite Out for January - May 2005 was $8,174, the pre-planning figures for the program indicated that for the same time frame the RecreatIOn Center would have received approximately $8,400 m fees for rental of the actlVity rooms, Community Rooms and drop in VIsits. AL TERNA TIVES CONSIDERED: Discontinue the program. FINANCIAL IMPACT: The fee for the program is $1 O/child, with the Recreation Center receivmg $2/child. Revenue received from Kids' Nite Out for January - May 2005 was $8,174, the pre-planning figures for the program mdIcated that for the same time frame the Recreation Center would have received approximately $8,400 m fees for rental of the actiVIty rooms, Community Rooms and drop m VIsits. Revenue for 2006 is antIcipated to meet or exceed the 2005 revenue amounts. RECOMMENDED MOTION: "1 move to approve the renewal of the KIds' Nite Out program contract for a period of 18 months." or, "1 move to deny approval of the renewal of the Kids' Nite Out program contract for a period of 18 months for the following reason( s) Report Prepared by: JuIre Bnsson, Recreation Manager Reviewed by' Joyce Manwanng, Parks and Recreation DIrector Attachments: 1 Kids' Nite Out Contract 051128 Kid's Nite Out 2006 2007 CAF CITY OF WHEAT RIDGE PARKS & RECREATION DIVISION CONTRACT AGREEMENT This contract is made and entered into by and between City of WHEAT RIDGE, COLORADO, referenced hereinafter as "the City" and CLUB YOUTH OF COLORADO, LLC, a Colorado corporation referenced hereinafter as "Kids' Nite Out." In consideration of the mutual agreements set forth in this contract, Kids' Nite Out does hereby demise and lease from the City, portions of the Wheat Ridge Recreation Center located at 4005 Kipling Street, Wheat Ridge, Colorado 80033 ("the premises") ARTICLE 1. TERM 1. (A) Term of Contract: The term of this contract shall be from January 1, 2006 to May 31,2007 unless terminated or cancelled as provided in this Agreement. 1. (B) Hours of Contract: During the term of this contract, Kids' Nite Out shall have rental use of the premises on Friday evenings between 6'00 pm (set-up) and 12 midnight (takedown) All set-up and take down activities shall be conducted during these hours Kids' Nite Out will conduct their program from 7 00 P m to 1030 P m 1. (C) The City's Riqht to Cancel: The City shall have the right, at its sole discretion, to cancel the Kids' Nite Out possession and use of the premises on any specific date(s) upon written notice to Kids' Nite Out no later than 30 days in advance of the date(s) to be canceled The City may, in its sole discretion, cancel all remaining dates of possession and use under the provisions of this subparagraph Notwithstanding the 30-day notice requirement above, the City, in its sole discretion, may disallow Kids' Nite Out possession and use of the premises for any specific date upon less than 30-days notice if unanticipated circumstances render the premises unavailable or unusable In such event, the City will provide as much advance notice to Kids' Nite Out as is practicable in this circumstance ARTICLE 2. RENT 2. (A) Rent: Kids' Nite Out will charge its patrons a fixed fee ($10 00) for entry into the premises ("admission fee") Kids' Nite Out! will not charge its patrons any fee in addition to the admission fee to participants in activities of the program Kids' Nite Out will pay the City 20% of the admission fees received as rent for the premises Rent shall be due and payable at the end of each evening The City shall have reasonable access to the books and records of Kids' Nite Out for purpose of confirming the rental ARTICLE 3. USE OF PREMISES 3. (A) Permitted Use: Kids' Nite Out shall operate the premises as a youth activity center during the term of this agreement and shall use the premises for no other purpose 3. (B) Youth Activity Center Defined: The term "youth activity center" as used in this contract means that the premises shall be used for activities on Friday nights for Wheat Ridge Contract Jan 2006.rtf ATTACHMENT 1 1 of 8 persons from and including the ages 8 through 13, for the following activities i. Game Activities: games such as basketball, dodgeball, volleyball, dancing, ping pong, and other gym activities ii. Audio and Video Activities: including, but not limited to, performances of person(s) coordinating and directing the playing of records and CD's Kids' Nite Out screens all music to exclude profanity and the like iii. Food, Drink and Concession Activities: Kids' Nite Out will operate a concession stand that will include the sale of soft drinks, chips, candy bars, T- shirts, etc Kids' Nite Out will be responsible for collecting city/state sales tax on sales. 3. (C) Manner of Operation: During the term of this contract and any extensions, Kids' Nite Out shall keep reasonably stocked with concession merchandise, including soft drinks and candy, and reasonably staffed to adequately serve the patrons Kids' Nite Out must operate the Youth Activity Center on the premises in a diligent and efficient manner Kids' Nite Out must keep the premises open for business from 7 pm to 1030 P m. on each Friday of the month during the term of this contract, except Kids' Nite Out is not required to operate its business on legal holidays, nor during any time when such operations must be suspended because of casualty loss to the premises or the building in which the premises are located, strike, insurrection, or other cause beyond the control of the Kids' Nite Out. Kids' Nite Out will require either a parent or responsible adult to sign in and sign out all youth attendees 3. (D) Preparation and Clean up: Preparation and clean up of the premises will be the responsibility of the Kids' Nite Out staff during the term of the contract. Kids' Nite Out agrees that it will have sufficient staff available on the premises to assure proper and efficient preparation and clean up At the conclusion of each evening during which the premises are possessed or used by Kids' Nite Out, Kids' Nite Out shall remove all of its personal property and return the premises to substantially the same condition, as it existed prior to possession on that evening 3. (F) Waste or Nuisance: Kid's Nite Out will not use, or permit the use of, the premises in any manner that results in waste of the premises or constitutes a nuisance Nor will the Kid's Nite Out use, or permit the use of the premises for any illegal purpose Kid's Nite Out will comply, and will cause its officers, employees, agents, patrons, and other invitees to comply with all applicable laws and ordinances and with all applicable rules and regulations of governmental agencies concerning the use of the premises 3. (G) Security: Kid's Nite Out shall request/hire at least one (1) off duty police officer The officer shall be on the premises during the hours Kid's Nite Out is open for business. 3. (H) Supervision: Kid's Nite Out will provide adequate supervision at all times All supervisors shall be at least eighteen (18) years of age Kid's Nite Out will staff Wheat Ridge Contract Jan 2006,rtf 2 of 8 supervisors at a ratio of not less than one (1) supervisor to every twenty-five (25) Youth Activity Program participants POOL/LIFEGUARDS, Kids' Nite Out will be responsible for reimbursing the city $10 per hour per lifeguard There will be one lifeguard for every 25 participants in the pool or as deemed by pool design The pool will be used from 7'00 p m to g.OO p m. each evening/event. 3. (I> Conduct: Any guests who conduct themselves in an unbecoming manner or become a nuisance may be suspended or expelled from Kids' Nite Out. Thereupon, a\1 privileges of such guest shall be automatically terminated without prorating the entry fee or receiving a refund At that time, the suspended guest will wait for parent(s) or a responsible adult to be notified to pick up their youth immediately All participants and staff members are to conduct themselves in a manner deemed appropriate as agreed upon between Kids' Nite Out and the City Kids' Nite Out staff will closely monitor behavior and dress code 3. (J) Injury or Accident: Kids' Nite Out staff will notify City Staff immediately if any injury or accident occurs during the operation of the program 3. (K) Access To the Recreation Center: Kids' Nite Out, its employees, guests and patrons shall not have access to any portion of the Wheat Ridge Recreation Center, or equipment located therein, that is not specifically designated for use Kids' Nite Out shall take affirmative steps to prevent its patrons from accessing portions of the Wheat Ridge Recreation Center that are not specifically designated for use ARTICLE 4. MAINTENANCE AND SURRENDER 4. (A) Maintenance by the City of Wheat RidQe: The City will, at its own expense and risk, maintain the premises including but not limited to, maintenance of the roof, foundation, plumbing, heating and air conditioning systems, fire protection sprinkling systems, structural soundness of the exterior walls (including all windows, window glass, plate glass, and doors), bathrooms, sinks, locker rooms, drinking fountains, parking lots, walkways surrounding the premises or the building in which the premises are located, stairways and elevator, including repairs and all necessary replacements of these items not caused by Kids' Nite Out, its employees, patrons and/or guests 4. (8) Waste or Nuisance: Except as provided in 4 (A), Kids' Nite Out shall maintain the premises and keep them free from waste or nuisance throughout the contract term and any extension At the termination of each Friday evening session, Kids' Nite Out will surrender and deliver the premises to the City in as good a state of repair and condition as they were in at the time the City delivered possession to Kids' Nite Out, reasonable wear and tear and damage by fire, tornado, or other casualty excepted Kids' Nite Out will take reasonable precautions to prevent, and shall immediately clean up all spillage and damage caused by food, drinks, candy or gum 4. (C) Failure to Perform: In event either party fails to perform its obligation to repair or maintain as set forth in 4 (A) and 4 (B) above after notice from the other party of the need for such repair of maintenance and the passage of a reasonable amount of time for performance after such notice, the other party may terminate this contract or, at its option, suspend business operations until such repairs or maintenance are completed Wheat Ridge Contract Jan 2006.rtf 3 of 8 ARTICLE 5. TAXES AND ASSESSMENTS 5. Taxes: Kids' Nite Out will be responsible for collecting all city/state sales tax on concession items sold ARTICLE 6. UTILITIES AND GARBAGE REMOVAL 6. (A) Utilities: Kids' Nite Out shall not use utilities if they are not needed, such as, leaving lights off in unused rooms, turning off all sinks and showers if left on 6. (B) GarbaQe Removal: Kids' Nite Out shall remove all garbage and rubbish in areas used from the rented facility, and take out to dumpster bin during the term of the contract. ARTICLE 7. ALTERATIONS, ADDITIONS, AND IMPROVEMENTS 7. (A) Consent of the City: Kids' Nite Out shall not make any alterations, additions, or improvements to the premises without the prior written consent of the City ARTICLE 8. SIGNS 8. (A) SiQns: Kids' Nite Out may post temporary signs, during the hours of use, subject to the approval of the Facility Manager or Recreation Supervisor - Youth Programs as to the number, size, and materials used to place and placement of the signs ARTICLE 9. INSURANCE AND INDEMNITY 9. (A) Property Insurance: The City shall, at its own expense, during the term of this contract, keep all buildings, structures, improvements, fixtures, and equipment, which are not part of the premises but are required for access or enjoyment of the premises, insured against loss or damage by fire or theft. 9. (B) Liability Insurance: Kids' Nite Out will, at its own expense, obtain general commercial liability insurance Such insurance shall provide liability coverage, at a minimum, in the amount of $1,000,000 (one million dollars) per occurrence. 9. (C) Kids' Nite Out Hold Harmless Clause: Kids' Nite Out agrees to indemnify and hold the City harmless against any and all claims, demands, damages, costs, and expenses, including reasonable attorney's fees for the defense of such claims and demands, arising from the conduct or management of Kids' Nite Out business on the premises and from its use of the premises, and from any breach on the part of Kids' Nite Out of any conditions of the contract, or from any act or negligence of Kids' Nite Out, its agents, employees, subtenants, concessionaires, and licensees in and about the premises Nothing herein shall be deemed to waive the rights and immunities afforded the City in accordance with the Governmental Immunity Act, C R S 24-10-101 et seq or otherwise available by law Wheat Ridge Contract Jan 2006.rtf 4 of 8 ARTICLE 10. DAMAGE OR DESTRUCTION OF PREMISES 10. (A) Notice to City: If while in the possession of Kids' Nite Out, the premises are damaged or destroyed, Kids' Nite Out will give immediate written notice of the damage or destruction to the City, including a description of the damage and, as far as known to Kids' Nite Out the cause of the damage, 10. (B) Total Destruction: If the premises should be totally destroyed by fire, tornado, or other casualty not the fault of Kids' Nite Out or should it be so damaged by such a cause that rebuilding or repairs can be reasonably be completed within sixty (60) working days, this contract will terminate, and rent will be abated for the unexpired portion of this lease effective as of the date of written notification 10. (C) Partial Destruction: If the leased premises are damaged by fire, tornado, or other casualty not the fault of Kids' Nite Out, but not to such an extent that rebuilding or repairs cannot reasonably be completed within sixty (60) working days, this contract will not terminate except as provided in (1) and (2) below' i. If partial destruction of the premises occurs during the term of the contract, the City need not rebuild or repair the premises If the City shall at its sole election, cost and risk, proceed to rebuild or repair the premises to substantially the condition in which they existed prior to such damage and the premises are untenable in whole or in part during or following such damage, Kids' Nite Out, at its sole option, and upon written notice to the City within five (5) days of such damage, may suspend this Agreement during the time the premises is untenantable in whole or in part. In the event that the City should fail to complete such rebuilding or repairs within sixty (60) days from the date of written notification by the City to Kids' Nite Out of the occurrence of the damage, Kids' Nite Out may terminate this contract by written notification to the City Upon such notification, all rights and obligations under this contract will cease ii. If the City elects not to rebuild or repair the premises, and the premises are tenantable in whole or in past following such damage, Kids' Nite Out may elect to terminate the contract or to continue the contract with the premises being redefined as that portion which remains tenantable after the damage ARTICLE 11. DEFAULT 11. (A) Default by Kids' Nite Out: If the Kids' Nite Out shall allow the rent to be, in arrears more than three (3) days after written notice of such delinquency, or shall remain in default under any of the other conditions of this contract for a period of five (5) days after written notice from the City, the City may, terminate this contract, and the City may re-enter and take possession of the premises and remove all persons and property without being deemed guilty of any manner of trespass of the premises Wheat Ridge Contract Jan 2006.rtf 5 of 8 11. (B) Default by the City: If the City defaults in its performance of any term, covenant, or condition required to be performed by it under this agreement, Kids' Nite Out may terminate this contract on giving fourteen (14) days' notice to the City of such intention The contract will be terminated on the date designated in Kids' Nite Out notice, unless the City has cured the default prior to the expiration of the fourteen (14) day period 11. (C) Cumulative Remedies: All rights and remedies of the City and Kids' Nite Out under this Article will be cumulative and none will exclude any other right or remedy at law or in equity, or by any other provision of this law 11. (D) Waiver of Breach: A waiver by either the City or Kids' Nite Out of a breach of this contract by the other party does not constitute a continuing waiver or waiver of any subsequent breach of the contract. ARTICLE 12. INSPECTION BY THE CITY 12. (A) Access by the City: Kids' Nite Out will permit the City and the City's agents, representatives, and employees to enter into and on the premises at all times for the purpose of inspection, observation of the activities during possession of the premises by Kids' Nite Out, maintenance, making repairs or alterations to the premises, or any other purpose necessary to protect the City's interest in the premises or to perform the City's duties under this contract so long as such access does not interfere with the quiet use and enjoyment by Kids' Nite Out of the premises ARTICLE 13. ASSIGNMENT AND SUBLEASE 13. (A) Assignment and Subletting by Kids' Nite Out: Kids' Nite Out may not sublet, assign, or otherwise transfer this contract or any right or interest in this contract, or in the premises or the improvements on the premises, without the written consent of the City Any such sublet, assignment or transfer shall not relieve Kids' Nite Out of any of its obligations under this contract. ARTICLE 14. MISCELLANEOUS 14. (A) Notice and Addresses: All notice required under this contract must be given by certified mail or registered mail, addressed to the proper party, at the following address' The City' Name Attn Address. City' Telephone No Fax No . E-mail Kid's Nite Out: Name' Attn Address City' Telephone No E-mail Club Youth of Colorado, LLC Eric & Alyson Plummer POBox 1503 Castle Rock, CO 80104 (720) 323-8718 cI u byouth@kidsniteout.org Wheat Ridge Contract Jan 2006.rtf 6 of 8 Either party may change the address for notice, in whole or in part, by giving the other party written notice of the now address. 14. (B) Parties Bound: This agreement shall be binding upon, and inure to the benefit of, the parties to this contract and their respective heirs, executors, administrators, legal representatives, successors and when profited by this agreement. 14. (C) Colorado Law to Apply: This agreement shall be construed under, and in accordance with, the laws of the state of Colorado 14. (D) Leqal Construction: In case anyone or more of the provisions contained in this agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect any other provision of the agreement, and this agreement shall be constructed as if the invalid, illegal, or unenforceable provision had never been included in the agreement. 14. (E) Prior AQreements Superseded: This agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of same 14. (F) Attorney's Fees and Costs: If, as a result of a breach of this agreement by a party hereto, the other party employs an attorney or attorneys to enforce its rights under this lease, then the prevailing party shall be paid by the other party the reasonable attorney fees and costs incurred to enforce the lease 14. (G) Force Majeure: Neither Kids' Nite Out nor the City shall be required to perform any term, condition or covenant in this lease so long as performance is delayed by Force Majeure, which will mean acts of God, strikes, lockouts, material of labor restrictions by any governmental authority, civil riots, flows, and any other cause not reasonably within the control of Kids' Nite Out or the City and which by the exercise of due diligence Kids' Nite Out is unable, wholly or in part, to prevent or overcome 14. (H) Riqhts and Remedies Cumulative: The rights and remedies provided by this contract are cumulative, and use of anyone right or remedy by a party shall not preclude or waive its right to use any or all other remedies These rights and remedies are given in addition to any other rights provided by law, statute, ordinance, or otherwise 14. (I) Time of Essence: Time is of the essence of this agreement. The undersigned, Club Youth of Colorado, LLC and the City agree that this agreement be effective as of the 1 st day of January, 2006 regardless of when executed 14. (J) Relationship of Parties: This Agreement should not be construed to create an agency or employee relationship between the City and Kids' Nite Out. Kids' Nite Out shall not advertise, or otherwise hold out itself and its programs at the Wheat Ridge Recreation Center as a program of the City of Wheat Ridge Wheat Ridge Contract Jan 2006.rtf 7 of 8 The City: Kids' Nite Out By' By' Title Title' Date Date' APPROVED AS LEGAL FORM Dates program will run in January thru December 2006 January 13 - March 17, March 31 - Mav 19,2006 September 8 - November 17, December 1 - 15, 2006 Dates program will run January through May 2007 January 12 - March 16, March 30 - Mav 18, 2007 KNO contract Jan 2006 (2),rtf 8 of 8 ITEM NO' ~I REQUEST FOR CITY COUNCIL ACTION r. ~~ 0~ '~l COUNCIL MEETING DATE' November 28,2005 TITLE: RESOLUTION 54-2005 - A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION FOR A 2006 JOINT VENTURE/GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE FOR CREEKSIDE PARK RESTROOM/CONCESSION BUILDING o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial' D Yes ~ No ~~ f}c.h,City Manager ~ EXECUTIVE SUMMARY: " Jefferson County Open Space has ajomt venture grant program for constructIOn projects m open space and parklands. The matching cash requirement for the grant is 50%. One of two 2006 grants requested is for the construction ofthe restroom/concession buildmg at Creekside Park. ConstructIOn of this buildmg completes the amenitles outlined in the original master plan for the park. The Jefferson County Open Space program allows for agencies to submit two grant requests. When two grant requests are submitted a prionty assignment is required for each of the grants. ThiS grant request will be priority #2. COMMISSIONIBOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Currently the CreekSide Park provldes san-o-lets for park users. The park IS used year round and during the winter months these san-a-lets will remam in place for use when the permanent restrooms are not open. The master plan for the park desIgnated a restroomlconcesslOn building. Due to budget constramts dunng the construction ofthe park, the building was not included m the project. Jefferson County Open Space requires as part of the grant process a resolution supportmg the applicatlOn be approved by City Council. This project is appropriated m the Open Space Fund 32 Budget for 2006 and will be completed regardless of the grant award from Jefferson County Open Space. This project is outlmed in the 2006 budget as a grant request from Jefferson County Open Space. After discussions with statT at Open Space, 1 am recommending submittal of two grants to maXImIze potentIal matching funds. AL TERNA TIVES CONSIDERED: To not apply for the grant. FINANCIAL IMPACT: The cost of the project IS estImated at $250,000 The amount of the joint venture grant apphcation WIll be 50% of the projected cost or $125,000. The city's portion of the project ifthe grant IS awarded in the full amount WIll be $125,000 RECOMMENDED MOTION: '"I move to approve Resolution 54-2005 - A Resolution authonzing submittal ofthe application for a 2006 jomt venture/grant project to Jefferson County Open Space for CreekSIde Park restroom/concession building." or, "1 move to deny approval of ResolutlOn 54-2005 - A Resolution authonzing submittal of the application for a 2006 Joint venture/grant project to Jefferson County Open Space for Creekside Park restroom/concession building for the followmg reason( s) " Report Prepared by' Reviewed by: Joyce Manwaring, Parks and Recreation DIrector Patnck Goff, Deputy City Manager Attachments: 1 Resolution 54-2005 051128 Request for City Council Action-Reso Creekside restroom RESOLUTION NO. 54 SERIES OF 2005 TITLE: A RESOLUTION AUTHORIZING SUBMITTAL OF THE APPLlCA TION FOR A 2006 JOINT VENTURE/GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE FOR CREEKSIDE PARK RESTROOM/ CONCESSION BUILDING WHEREAS, the voters of Jefferson County voted on November 4, 1980 to allow for mamtenance and development of Open Space lands and property withm Jefferson County, and WHEREAS, Jefferson County Open Space has mstituted a Joint Venture/Grant Project Program, and WHEREAS, the CIty of Wheat RIdge would like to apply for a Jomt Venture/Grant Project wIth Jefferson County Open Space NOW THEREFORE, BE IT RESOLVED THAT: The CIty of Wheat Ridge requests fundmg from Jefferson County Open Space for the Joint Venture/Grant Project Creekside Park Restroom/ConcesslOn Building DONE AND RESOLVED THIS 28th day of November, 2005. Jerry DITullIo, Mayor ATTEST Pamela Y Anderson, CIty Clerk ATTACHMENT 1 ITEM NO: J - t::., REQUEST FOR CITY COUNCIL ACTION r: ~f<l I cccG.~ . ,-;>>' I COUNCIL MEETING DATE. November 28, 2005 TITLE: RESOLUTION 55-2005 - A RESOLUTION AUTHORIZING SUBMITTAL OF THE APPLICATION FOR A 2006 JOINT VENTURE/GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE FOR THE REPLACEMENT OF THE BALLFIELD LIGHTS AT PROSPECT PARK o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1ST READING (Date._) o ORDINANCES FOR 2ND READING Quasi-Judlcml o Yes ~ No -Q~ fk;I,~ity Manager I Jefferson County Open Space has ajoint venture grant program for construction projects in open space and parklands. The matching cash requirement for the grant is 50%. One of the two 2006 grant requests submItted is for the replacement of the ballfield lights on both the north and south fields at Prospect Park. Including Prospect Park, the City has 5 lighted ball diamonds. These fields are used by Wheat Ridge Boys Baseball, Wheat RIdge Midget Football and City of Wheat RIdge adult leagues. The Jefferson County Open Space program allows for agencies to submIt two grant requests. When two grant requests are submitted a priority assignment is required. This grant request will be priority #1 COMMISSION/BOARD RECOMMENDA nON: N/A STATEMENT OF THE ISSUES: The lIghts and poles at both the north and south field are in need of replacement. The poles are not considered safe to clImb for yearly mamtenance and bulb replacement. The new technology and standard for ballfield lIghts requires fewer fixtures and poles, as well as using less electricity There are also new features available on the lIghting systems that allow the lIghts to be turned on and off from a remote 10catlOn. This feature will provide more efficiency for staff in the operation of the lIghts. The sWitches for the lIghts are antiquated and difficult to use. The new lIght fixtures are projected to have a mamtenance, supply and utility savmgs annually of approximately $ 39,500 when used annually for 3000 hours. Jefferson County Open Space requires as part of the grant process a resolution supporting the applIcation be approved by City CouncIl. ThiS project is appropriated in the Open Space Fund 32 Budget for 2006 This project is not outlIned in the 2006 budget as a grant request from Jefferson County Open Space After discussions with staff at Open Space, It was recommended that a higher value for grant awards IS placed on actual construction versus planning. Therefore the project request for the grant will shift from the design of Kendall Park to the replacement of the ballfield lights. There is also the potential to receive a higher grant award by shifting projects. 1 am recommendmg thiS project as the #1 priority because Jefferson County Open Space has awarded grants for this type of project m recent years. AL TERNA TIVES CONSIDERED: To not award the contract. FINANCIAL IMPACT: The cost of the project IS estImated at $275,000 The amount of the Joint venture grant application will be 50% ofthe projected cost or $137,500 The city's portlOn of the project ifthe grant IS awarded in the full amount will be $137,500. RECOMMENDED MOTION: "I move to approve ResolutlOn 55-2005 - A ResolutIon authorizmg submittal of the applIcation for a 2006 joint venture/grant project to Jefferson County Open Space for the replacement of the ballfield lights at Prospect Park:' or, "I move to deny approval of ResolutlOn 55-2005 - A Resolution authorizmg submittal of the application for a 2006 joint venture/grant project to Jefferson County Open Space for the replacement of the ballfield lights at Prospect Park for the following reason(s) Report Prepared by: Reviewed bY' Joyce Manwanng, Parks and Recreation Director Patnck Goff, Deputy City Manager Attachments: I Resolution 55-2005 051128 Request 10, City Council Actinn-Resn Propspect Ballfield lights RESOLUTION NO. 55 SERIES OF 2005 TITLE: A RESOLUTION AUTHORIZING SUBMITTAL OF THE APPLICATION FOR A 2006 JOINT VENTURE/GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE FOR THE REPLACEMENT OF THE BALLFIELD LIGHTS AT PROSPECT PARK WHEREAS, the voters of Jefferson County voted on November 4, 1980 to allow for mamtenance and development of Open Space lands and property WIthin Jefferson County, and WHEREAS, Jefferson County Open Space has mstituted a Jomt Venture/Grant Project Program, and WHEREAS, the CIty of Wheat RIdge would like to apply for a JOInt Venture/Grant Project with Jefferson County Open Space NOW THEREFORE, BE IT RESOLVED THAT: The CIty of Wheat RIdge requests funding from Jefferson County Open Space for the Joint Venture/Grant Project Prospect Park Ballfield LIght Replacement DONE AND RESOLVED THIS 28th day of November, 2005. Jerry D1Tulho, Mayor ATTEST Pamela Y Anderson, Clty Clerk ATTACHMENT 1 ITEM NO' ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 28, 2005 TITLE: A MOTION TO APPROVE THE FINDINGS AND DECISIONS REGARDING CASE NOS. WZ-05-07 & WS-05-02/IBC HOLDINGS o PUBLIC HEARING IZI BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date'_) o ORDINANCES FOR 2ND READING Quasi-Judicial: IZI Yes o No ~& 11/~f)75'''j~V'-L1~ 6ty Manager I Commumty Development Director EXECUTIVE SUMMARY: At the public hearing on November 14, 2005, the City Council voted to deny Case Nos, WZ-05-07 and WS-05-02. Direction was given to the City Attorney to prepare findings and decisions regarding these cases. COMMISSIONIBOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: None AL TERNA TIVES CONSIDERED: None FINANCIAL IMPACT: None RECOMMENDED MOTION: "I move to approve the findings and decisions regarding Case Nos. WZ-05-07 and WS-05-02/IBC Holdings." Report Prepared by: Travis Crane 303.235.2849 Reviewed by' Alan White 303.235.2844 Attachments: 1. Findings and Decisions CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO Case Nos. WZ-05-07 and WS-05-02/IBC Holdings FINDINGS AND DECISION THESE CASES COME ON FOR HEARING before the City Council of the City of Wheat Ridge, Colorado (the "Council"), and the Council being advised in the premises by having conducted public hearing thereon, adopts the following Findings and Decision. FINDINGS 1 . The Applicant, IBC Holdings ("Applicant") requests rezoning from Planned Industrial Development and Industrial to Planned Mixed Use Development for property located at 5060 Ward Road (Council Bill No. 16-2005; Case No. WZ-05-07). The Applicant also requests approval of a final development plan and final plat to govern development of the subject property subsequent to rezoning (Case No. WS-05-02), (collectively, the "Applications"). 2. A public hearing was held before the Council on November 14, 2005 on the Applications. Notice of the hearing was properly given by publication, posted notice and mailed letter notice to adjacent property owners in compliance with Section 26-109 of the Wheat Ridge Code of Laws (the "Code"). 3. The Council accepted the following testimony and evidence into the recOid of the hearing: a. Case file, packet materials, and zoning ordinance. b. The testimony and exhibits of Travis Crane, community development staff. c. Applicant testimony and exhibits presented by Rick Gunter, architect and Brian Mott, owner. d. Testimony of witnesses Bob Harmsen, John Cilleson, Ranya Kelley, Paul Rohrer, Gary Petit, Joel Scott, Eric Weber, Steve Sealey, Ron Creach, John Giger, Mary Cavarra, and Mike Baran. 4. motions: At the conclusion of the public hearing, Council adopted the following a. With respect to Council Bill No. 16-2005, Case No. WZ-05, 07, a request for rezoning and approval of an outline development plan for property located at 5060 Ward Road: table indefinitely for the following reasons: ATTACHMENT 1 i. While consistent with the Future Land Use Plan designation, the application is not consistent with Plan policies: . Requiring continuous internal drives and continuous pedestrian paths connecting for adjacent businesses and streets . Allowing industrial uses that are self-contained with no visible outdoor storage . Requiring vehicular and pedestrian connections that are safe, functional and serve to reduce the necessity to use a private automobile within a quarter-mile radius . Setting out the desired character and desired attributes of Planned Business/Industrial Parks . That all new development provides internal streets, adequate circulation and pedestrian walkways that provide non-motorized connections to adjacent development and that integrate with the city's overall street and pedestrian network, ii. That the application does not fulfill one of the purposes of a planned development district, specifically to minimize traffic congestion on public streets, control street access, and to provide for well-designed interior circulation. Hi. A change in character in the area has not occurred. b. With respect to Case No. WZ-05-07, a request for approval of a final development plan and Case No. WS-05-02, request for approval of a 17- lot subdivision, both for property located at 5060 Ward Road: table indefinitely, for the reason that the Applications are not relevant in light of the denial of the rezoning and outline development plan application. 5. It is the customary practice and procedure of the Wheat Ridge City Council to table indefinitely an ordinance or application as the means of denying the same. The effect of the adoption of motions to table indefinitely Council Bill 16-2005 (Case No. WZ-05-07: rezoning, outline development plan, and final development plan), and (Case No. WS-05-02: subdivision plat) is to deny those applications. 6, Case No. WZ-05-07, the request for rezoning and outline development plan, is a private rezoning governed by the requirements of Section 26-112 of the Code. Subsection 26-112.D contains the criteria for review of rezoning applications: D. Criteria for review. Before a change of zone may be approved, the applicant shall show, and the city council shall find: -2- 1. That the existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; or 2. That a change in character in the area has occurred due to installation of public facilities, other zone changes, new growth trends, deterioration, or development transitions, and that the evidence supports the fining of the following; 3. That the change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area; and 4. That the proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to be derived; and 5. That there will be social, recreational, physical and/or economic benefits to the community derived by the change of zone; and 6. That adequate infrastructure/facilities are available to serve the type of uses allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity; and 7. That the change of zone will not adversely affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties; and 8. That the change of zone will not create an isolated or spot zone district unrelated to adjacent or nearby areas. 7. The Council finds that the requirements of Section 26-112.0 have not been met by the Applicant. 8. Code Section 26-112.0.3 specifically requires that a change in zone must bring the property into conformance with the City of Wheat Ridge comprehensive plan goals, objectives, and policies. The Council finds that the rezoning and outline development plan application is inconsistent with the five comprehensive plan policies listed at Finding 4 above: a. Requiring continuous internal drives and continuous pedestrian paths connecting for adjacent businesses and streets. .3- b. Allowing industrial uses that are self-contained with no visible outdoor storage. c. Requiring vehicular and pedestrian connections that are safe, functional and serve to reduce the necessity to use a private automobile within a quarter-mile radius. d. Setting out the desired character and desired attributes of Planned Business/Industrial Parks e. That all new development provides internal streets, adequate circulation and pedestrian walkways that provide non-motorized connections to adjacent development and that integrate with the city's overall street and pedestrian network. 9. Code Section 26-112.D.7 provides that a change of zone may not "adversely affect public health, safety or welfare by creating excessive traffic congestion." Code Section 26-306.5.A lists the purposes of a planned mixed use district. The Application in Case No. WZ-05-07 for rezoning and outline development plan fails to meet these standards, based upon the following evidence: a. The planning staff report dated November 14, 2005 at page 6, addresses "access and circulation," and points out that public street connections should be provided between 50th Place and 52nd Avenue through the project, especially to anticipate future use when the end of line station for the Gold Line light rail is constructed east of Ward Road and south of 50th Place, directly south of subject property. Prior to that time, the staff report points out: Most employees in this project and the surrounding uses will want to use the signalized intersection at 52nd and Ward. This is acknowledged in the traffic report by the assignment of a higher percentage of the generated trips to 52nd Avenue. How do the vehicles get to 52nd? Through parking lots or drive aisles, making a minimum of three to four 900 turns. People will discover and use these routes whether they work in the project or not. It would be safer and more efficient to provide for the movement between 50th and 52nd with a public street. The Applicant has failed to provide this interior street, thereby creating excessive traffic congestion inconsistent with Code Sections 26-112.D.7 and 26-306.5.A. b. Shaun Baker, an owner of property immediately to the south of the subject property, testified to traffic concerns at 50th Avenue and Ward Road saying that a bad situation should not be made worse. -4- c. Bob Harmsen, an owner of property of east of the subject property, testified to concerns with traffic and the 50th to 52nd Avenue acceleration lane. Mr. Harmsen testified that the train crossing backs up traffic on Ward Road. Mr. Harmsen specifically testified that there were no good streets linking 50th and 52nd Avenue. d. John Cilleson, an owner of property at 12200 West 52nd Avenue testified that it was a bad traffic situation with the fire station across the street. e. Ranya Kelley, an owner at 12687 W, 49th Avenue, testified that the traffic often backed up for 15 to 20 minutes when trains cross Ward Road. f. Ron Creach, a business owner at 5040 Ward Road, testified that traffic is really bad in the morning and in the evening and his customers already have a difficult time getting in and out. g. John Geiger, an owner of property at 12280 West 50th Place, testified to his concern with traffic problems and that the development must accommodate traffic. h. Community Development Director Alan White testified in response to questions from the Council, that based upon the traffic study, the level of service on some streets would deteriorate from a level of service 0 to a level of service E after construction of the project. Mr. White also testified that the traffic study did not account for the permitted residential uses on the subject property. I. Public Works Director Tim Paranto testified in response to Council member questions that the Public Works Department has consistently advocated for a connection through this site between 50th Place and 52nd Avenue. J. Council member Stites was concerned that without an interior roadway, it is more difficult for people making a left turn from 50th Place left (south on Ward Road). The traffic study indicates that 50 potential turns would be made during the morning peak hours and 80 potential turns during the evening peak hours. Tim Paranto testified in response to a Council member question that presently at 52nd Avenue traffic was at level of service C, would deteriorate to level of service 0 with initial build out, and to level of service F at full build out. 10. Code Section 26-112.0.7 requires that a change of zone not adversely affect public health, safety or welfare by, inter alia, creating drainage problems. The Council finds that the proposed rezoning and request for an outline development plan approval in Case No. WZ-05-07 does not satisfy this criteria based upon the evidence presented: -5- a. Shaun Baker testified that to his knowledge other neighbors have concerns about drainage in connection with this project. b. Bob Harmsen testified that there is an existing drainage problem in this area with 11 feet of fall from 50th to 52nd. Mr. Harmson questioned how the applicant would address this concern. c. John Cilleson testified to his concerns with respect to drainage and offered pictures of historical flooding in the area. 11. The application for rezoning and associated outline development plan, Case No. WZ-05-07 does not comply with applicable criteria for private rezoning set out in Section 26-112.D, requirements for the planned rezoning to planned mixed use district, Code Section 26-306.5.A, and applicable comprehensive plan policies, specifically including accommodation of traffic congestion, 12. In the absence of an approved rezoning and outline development plan, the applications for final development plan and subdivision plan are not relevant and should be denied. DECISION Base upon the foregoing findings, the Council enters its decision as follows: a. Council Bill No. 16-2005, and ordinance providing for the approval of rezoning from Planned Industrial Development (PID) and Industrial (I) to Planned Mixed Use (PMUD) for property located at 5060 Ward Road, and the associated Outline Development Plan, are hereby tabled indefinitely. b. The application of IBC Holdings for approval of a Final Development Plan and a Final Plat for property located at 5060 Ward Road, Case Nos. WZ- 05-07 and WS-05-02, are hereby tabled indefinitely. c. This action of the Council in tabling indefinitely the foregoing matters is a final action of the Council and it denies all of the requests set forth therein. By motion made and properly seconded, the foregoing Findings and Decision were approved by the Council by a vote of to , this 28th day of November, 2005. Jerry DiTullio, Mayor ATTEST. Pamela Anderson, City Clerk -6- CERTIFICATION OF MAILING I hereby certify that a true and correct copy of the foregoing Findings and Decision were placed in the United States Mail, first class postage, prepaid, this _ day of November, 2005 addressed as follows: IBC Holdings 1153 Bergen Parkway Suite m454 Evergreen, CO 80439 Rick Gunter Ware Malcomb 6120 Greenwood Plaza Blvd, Suite 120 Greenwood Village, CO 80111 -7- ITEM NO: 3 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: November 28. 2005 TITLE: ELECTION OF MAYOR PRO-TEM AND COUNCIL PRESIDENT o PUBLIC HEARING ~ BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes ~ No Ad,~ !l~1 ~~- City Cler( EXECUTIVE SUMMARY: The followmg IS the current procedure in the Council Rules and Procedures for the annual election of Mayor Pro-tern and Council President: y During a regular City Council meeting in November, paper ballots for nommatlOns of Mayor Pro-tern are distributed and then collected by the City Clerk, or their designee. The City Clerk tallies the nomination and announces the results. A motion is then in order. " The same procedure then takes place for the election of Council President. '" Accordmg to Section 3.2 of the Wheat Ridge Charter, the Mayor votes to break a tie m the formal motIOn. COMMISSION/BOARD RECOMMENDATION: N/A FINANCIAL IMPACT: N/A RECOMMENDED MOTION: FIRST MOTION (Mayor Pro-Tern) "I move to elect electIOn of theIr successor " or, "1 move to deny the election of reasons as Mayor Pro-Tern effective ImmedIately, term to expire upon SECOND MOTION (Council President)' "I move to elect electIOn of their successor" or. "I move to deny the electIOn of reasons as Mayor Pro-Tern for the following as Council President effective immediately, term to expire upon Report Prepared by: Pam Anderson Reviewed by: Randy Young pa:pa ", as Council President for the followmg " COUNCIL PRESIDENT ELECTION PLEASE CHECK ONE NAME ONLY. FOLD PAPER AND GIVE TO PAM 0~~. ~,q J TERRY WOMBLE 0 I KAREN BERRY DEAN GOKEY WANDA SANG MIKE STITES KAREN ADAMS 0 LENA ROTOLA 0 LARRY SCHULZ 0 I 0) DI o )\\\ \ D WI \\l yK MAYOR PRO TEM ELECTION PLEASE CHECK ONE NAME ONLY, FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY DEAN GOKEY WANDA SANG MIKE STITES KAREN ADAMS LENA ROTOLA o o ~ o o o LARRY SCHULZ 0 MAYOR PRO TEM ELECTION PLEASE CHECK ONE NAME ONLY, FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY 0 DEAN GOKEY 0 WANDA SANG al MIKE STITES 0 KAREN ADAMS 0 LENA ROTOLA 0 LARRY SCHULZ 0 MAYOR PRO TEM ELECTION PLEASE CHECK ONE NAME ONL V, FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY DEAN GOKEY WANDA SANG MIKE STiTES KAREN ADAMS LENA ROTOLA o o o li o o LARRY SCHULZ 0 MAYOR PRO TEM ELECTION PLEASE CHECK ONE NAME ONLY. FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY DEAN GOKEY WANDA SANG MH-(E STiTES KAREN ADAMS LENA ROTOLA o o ~ o o o LARRY SCHULZ 0 MAYOR PRO TEM ELECTION PLEASE CHECK ONE NAME ONLY, FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY 0 DEAN GOKEY 0 WANDA SANG J2l MIKE STITES 0 KAREN ADAMS 0 LENA ROTOLA 0 LARRY SCHULZ 0 MAYOR PRO TEM ELECTION PLEASE CHECK ONE NAME ONL V, FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY 0 DEAN GOKEY 0 WANDA SANG ~ MIKE STITES 0 KAREN ADAMS 0 LENA ROTOLA 0 LARRY SCHULZ 0 MAYOR PRO TEM ELECTION PLEASE CHECK ONE NAME ONLY, FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY 0 DEAN GOKEY 0 WANDA SANG ~ ~""""~ MIKE STiTES 0 KAREN ADAMS 0 LENA ROTOLA 0 LARRY SCHULZ 0 MAYOR PRO TEM ELECTION PLEASE CHECK ONE NAME ONLY, FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY 0 DEAN GOKEY 0 WANDA SANG ~ ~~!KE ST!TES 0 KAREN ADAMS 0 LENA ROTOLA 0 LARRY SCHULZ 0 COUNCIL PRESIDENT ELECTION PLEASE CHECK ONE NAME ONLY. FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY o DEAN GOKEY o MIKE STITES o ~ WANDA SANG KAREN ADAMS o LENA ROTOLA o LARRY SCHULZ 0 COUNCIL PRESIDENT ELECTION PLEASE CHECK ONE NAME ONLY. FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY 0 DEAN GOKEY 0 WANDA SANG 0 MIKE STITES ~ KAREN ADAMS 0 LENA ROTOLA 0 LARRY SCHULZ 0 COUNCIL PRESIDENT ELECTION PLEASE CHECK ONE NAME ONLY. FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY 0 DEAN GOKEY 0 WANDA SANG 0 MIKE STITES KAREN ADAMS 0 LENA ROTOLA 0 LARRY SCHULZ 0 COUNCIL PRESIDENT ELECTION PLEASE CHECK ONE NAME ONLY. FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY 0 DEAN GOKEY 0 WANDA SANG 0 MIKE STITES ~ KAREN ADAMS 0 LENA ROTOLA 0 LARRY SCHULZ 0 COUNCIL PRESIDENT ELECTION PLEASE CHECK ONE NAME ONLY. FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY 0 DEAN GOKEY 0 WANDA SANG 0 MIKE STITES ~. KAREN ADAMS 0 LENA ROTOLA 0 LARRY SCHULZ 0 COUNCIL PRESIDENT ELECTION PLEASE CHECK ONE NAME ONL Y, FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY 0 DEAN GOKEY ~ WANDA SANG 0 MIKE STITES 0 KAREN ADAMS 0 LENA ROTOLA 0 LARRY SCHULZ 0 COUNCIL PRESIDENT ELECTION PLEASE CHECK ONE NAME ONLY, FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY DEAN GOKEY WANDA SANG MIKE STITES KAREN ADAMS LENA ROTOLA J o o o o LARRY SCHULZ 0 COUNCIL PRESIDENT ELECTION PLEASE CHECK ONE NAME ONLY, FOLD PAPER AND GIVE TO PAM TERRY WOMBLE 0 KAREN BERRY 0 DEAN GOKEY Ii WANDA SANG 0 MIKE STITES 0 KAREN ADAMS 0 LENA ROTOLA 0 LARRY SCHULZ 0 _mnmmL~ } )~ CITY OF WHEAT RIDGE, COLORADO )0 ~)j )J , November 28, 2005 } /-/ I ,/ .r 'f. . '- 1\ v0jJt ~ t!~ \~ f'x'\.\ ~ayor Cerveny called the Regular City Council Meeting to ~r at 7 00 p m Councilmembers ['/ ~~esent: --Karen Adarl1s;-Karen Berry:- J~, '1 ~lIiO::E>ean Gokey;-Lena RotolciWanda Sang, -::::=-Larry Schulz, anaMike Stites i Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF November 14,2005 - Motion by ~r DiTullio for the approval of the Minutes of November 14, 2005, seconded by ~6 carried ~ /0<< PROCLAMATIONS AND CEREMONIES Jude Randall administered the Oath of Office to Mayor-Elect Jerry DiTullio and Councilmembers-Elect Terry Womble, Dean Gokey, Mike Stites, and Lena Rotola. Mayor Cerveny called a brief recess at . i r q pm. for a reception for the newly elected officials The meeting reconvened at l' 3 X p m with Mayor Jerry DiTullio chairing the meeting and Councilmember Terry Womble seated on the dais ROLLCALL A(~,qVl<::'~ l(c,t.f/ ~t:l'Vl% ~til'\'\frC. Mayor DiTullio C:~d(.{ r " -I. ..,..r )l:: '1,;\..\.,~ .A) CITIZENS' RIGHT TO SPEAK lnLlAK He U;Y S-~ltc ~ Vit.~~l~AC'/ , November 28, 2005 rJ) r0\~( A , Page -2- CITY COUNCIL MINUTES APPROV AL OF AGENDA Item 1. (. CONSENT AGENDA: A. Cancel City Council Meeting scheduled for December 26, 2005 B Approval of the Revised Personnel Policies C Approval of Renewal of Kids' Nite Out Program Contract for a period of 18 months D RESOLUTION 54-2005 - AUTHORIZING SUBMITTAL OF THE APPLICATION FOR A 2006 JOINT VENTURE/GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE FOR CREEKSIDE PARK RESTROOM/CONCESSION BUILDING E. RESOLUTION 55-2005 - AUTHORIZING SUBMITTAL OF THE APPLICATION FOR A 2006 JOINT VENTURE/GRANT PROJECT TO JEFFERSON COUNTY OPEN SPACE FOR THE REPLACEMENT OF THE BALLFIELD LIGHTS AT PROSPECT PARK. . I L' vl,lc tl L \.;~ D U{(!)l~L~ ;IJ ~ ~.( L 'IA..~ ')ttl\ 0 '7~ ! ~ 7Jc."r 1~ G / / ~ I -~ ~'~:1 ll') J'yZ/L.{~ , 't" ~ ~V\,?~0" . , N- \ \ r 'j '" CITY COUNCIL MINUTES November 28, 2005 , -:) F ').cceptance of findings memorializing Councils' decision regarding ,~abling indefinitely Council Bill 16-2005 - an Ordinance providing for the approval of rezoning from Planned Industrial Development (PID) and Industrial (I) to Planned Mixed Use District (PMUD) for property located at 5060 Ward Road, City of Wheat Ridge, County of Jefferson, State of Colorado (Case No WZ-05-07) (IBC Holdings) Page -3- Consent Agenda was introduced and read by Motion by carried i~'~ l...' for approval of the Consent Agenda, seconded by EMERGENCY ORDINANCE Item 2. EMERGENCY ORDINANCE 1354 - AN ORDINANCE TEMPORARILY SUSPENDING THE ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR BUILDING PERMITS AND LAND USE APPROVALS WITHIN A PORTION OF THE CITY OF WHEAT RIDGE (area generally bounded by W 52nd Avenue on the north, Tabor Street on the east, West 1-70 Frontage Road North on the south, Ward Road on the west) Emergency Ordinance 1354 was introduced by SCGl'\Q.X fc+- --{' XCc ,SV.MLv0C'l-- '(' L C/ '&7 () /~ Motion by ({ZL~J )l:',Cd~ - :).2: {c ! Kt ~lV' Uvr{~ pl~~ f{,,- \'/?L(t !5-fttf' , kJ ( \ \ 6~ z SZC~ ) (~;) '~ -------~~ -~ CITY COUNCIL MINUTES November 28, 2005 Page -4- DECISIONS. RESOLUTIONS. AND MOTIONS Item 3. Election of Mayor pro tem and Council President. City Clerk Pam Anderson collected the voted nomination ballots and announced the results Received the majority of the nominations Motion by seconded by S',f{ ~ C/) '51:- -kwiy SGc'v\Jj ?'CJll{'p~ Motion by seconded by Gl.v ~'/t-n~'- ;; eeL', ~ / I r10::t71C1 I ! I \J<4<''-{ ty2r \ to appoint Wanda Sang as Mayor pro tem, carried .J - () , to appoint Mike Stites as Council President; carried J ~ [) /, LI ~~d/ lii - '- () CC(i~ ~ ~t :;,hAO~ +L1L I (i , '- )dtc (jI ( LL(.q j , ,--- !,' ~ ,-Ii 7/l {?:. i hi (j/(,'v+-- ; ) / Sc~ fc j r -1 5cJ..{ eotiA (e C( ~\ l'vO -' u Clet) / f- -(' 1-:1'1 ~.{.., ! L,I ('. "J' LJ.. 'vl.-( Ct .' ~ / ;; --0, CITY COUNCIL MINUTES November 28, 2005 Page -5- CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS $<~~v : ~~ d&c(~'~1~ -fu. ~ -a- S;{'jt;~(] -t\ ~\.C{ 1.i<... ~ ve.0 ell').., ( Ie s. U. \ C fQ It. ( ct,\,.ct I c{e_ tc <, I ~ \ -H~ \ ~Lc"..~f Ii ~ - ---, \ ""r Y'vU.Ltv\ 61 fLY -€ (t c-D"1A. - \ Ylw \..C:~.'~L )_~__~__ S YVVl ^ --~ --~- Meeting adjourned at ? f?p m. Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON DECEMBER 12, 2005 BY A VOTE OF _ to_ Council President The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i e they contain a record of what was done at the meeting, not what was said by the members Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions