HomeMy WebLinkAbout11/27/2006
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6:30 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
November 27. 2006
7:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF November 13. 2006
PROCLAMATIONS AND CEREMONIES
Recognition of the Wheat Ridge High School Women's Softball Team
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. RESOLUTION 52-2006 - AMENDING THE 2006 FISCAL YEAR
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$50,000 TO THE WHEAT RIDGE FOUNDATION IN SUPPORT OF
THE WHEAT RIDGE HIGH SCHOOL FIELD COMMITTEE
SYNTHETIC TURF PROJECT.
B. RESOLUTION 53-2006 - AMENDING THE 2006 FISCAL YEAR
OPEN SPACE BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$15,000 ON BEHALF OF THE WHEAT RIDGE ROTARY FOR THE
WHEAT RIDGE HIGH SCHOOL FIELD COMMITTEE SYNTHETIC
TURF PROJECT.
CITY COUNCIL AGENDA: November 27, 2006
Page -2-
C. Approval of the Revised Personnel Policies.
D. Motion to adopt the 2007 City Council Regular Meeting Calendar.
E. Revision to the Council Rules and Procedures regarding appointment
procedure of the Mayor pro tem/Council President.
BREAK
Presentation of Check to Wheat Ridge High School Field Committee
Presentation of Check to Wheat Ridge High School Field Committee from Wheat
Ridge Rotary.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING,
Item 2.
Item 3.
Item 4.
COUNCIL BILL 28~2006 - AN ORDINANCE ADOPTING THE NATIONAL
ELECTRICAL CODE 2005, NFPA 70: NATIONAL ELECTRIC CODE.
COUNCIL BILL 29~2006 - AN ORDINANCE ADOPTING THE 2005
EDITION OF THE NFPA 99 HEALTH CARE FACILITIES CODE.
PUBLIC HEARING ON A REQUEST FOR A FINAL DEVELOPMENT
PLAN AND FINAL PLAT FOR PROPERTY LOCATED AT 5220 QUAIL
STREET.
(Case No. WZ-06-08 and WS-06-02/Wilson)
ORDINANCES ON FIRST READING
Item 5.
COUNCIL BILL 30-2006 - AN ORDINANCE AMENDING SECTION 5-84
OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE
PRESCRIPTIVE ENERGY CODE.
(Case No. WCA-06-05)
COUNCIL BILL 31-2006 - AMENDING SECTION 5-85 OF THE WHEAT
RIDGE CODE OF LAWS PERTAINING TO THE INTERNATIONAL
RESIDENTIAL CODE.
(Case No. WCA-06-06)
DECISIONS. RESOLUTIONS. AND MOTIONS,
Item 6.
Item 7.
City Council Appointments to various Metropolitan Boards and Agencies.
CITY COUNCIL AGENDA: November 27, 2006
Page -3-
Item 8.
Election of Mayor pro tem and Council President.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
(CJtTf rmrm JBlUlB
CITY OF WHEAT RIDGE, COLORADO
November 13. 2006
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Councilmembers
present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz,
Mike Stites, and Terry Womble. 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 Parks and Recreation, Joyce
Manwaring; and interested citizens.
APPROVAL OF MINUTES OF October 23. 2006
Motion by Mr. Schulz for approval of the Minutes of October 23, 2006; seconded by Mr.
Womble; carried 8-0.
Mayor DiTullio asked for a moment of silence to honor all Veterans and to remember the
victims of the hit and run accident that killed a mother and her 2 children.
CITIZENS' RIGHT TO SPEAK
There was no one present to speak.
PUBLIC HEARINGS
Item 1.
RESOLUTION 51-2006 - ADOPTING THE 2006 PARKS AND
RECREATION MASTER PLAN AND BY SUCH ADOPTION, AMENDING
THE WHEAT RIDGE COMPREHENSIVE PLAN.
Mayor DiTullio opened the Public Hearing.
Resolution 51-2006 was introduced by Mr. Stites.
Joyce Manwaring, Parks and Recreation Director, gave background on creation of the
Master Plan and introduced Chad Schneckenburger of EDAW, who had been
contracted to prepare the Master Plan. Mr. Schneckenburger gave background on how
the plan had been processed and gave power point presentation outlining the plan.
Alan White, Community Development Director, recommended that this plan be adopted
as part of the Comprehensive Plan superseding what is currently in the plan. This will
provide guidance for making decisions on amending current regulations and reviewing
land use cases. It is a living and evolving document that will change over time. It will
not be implemented all at once.
CITY COUNCIL MINUTES: November 13, 2006
Page -2-
The following speakers appeared before Council:
Mildred Tucker, Golden, asked that the part of the trail that crosses and actually
bisects the Redwing Ranch at 11000 West 38th Avenue be removed from the plan for
now and for the future. There is a Conservation Easement from Ernestine Williams for
protection of wild birds and animals in perpetuity. The last Mrs. Williams would have
wanted would have been easy access into the heart of her property. Boys can shoot
BB's and pellets and set traps. It will be almost impossible to patrol the trail when the
summer days are long and warm. Prospect Valley School is immediately south of the
Ranch property.
Claudia Callas, Wheat Ridge, does not want a path through Ernestine Williams'
property. We hardly have any of these little farms left. This path would separate the
horses that are kept on the south side from their water.
Steve Newton, Wheat Ridge, is opposed to Lena Gulch bike trail. Neither he nor his
neighbors had heard anything about this plan. There should be a better way to notify
residents, like certified mail.
Mark Sares, Quail Street, is opposed to bike path along Lena Gulch as well as the
proposed connection north across that property from Quail all the way to 38th. He also
agreed we need a better notification system. Wildlife will already be stressed by new
development going in. There is not enough room along that road and not enough
buffer. He was also concerned about delinquent behavior.
Kevin Hood, Parks & Recreation Chair and on the board of Wheat Ridge 2020 as the
Vice President, spoke in favor of the Master Plan. The plan has been diligently studied
by the Parks and Recreation Commission. We need a long term platform upon a great
City and great community can be built.
Kevin Lentz, Wheat Ridge, is in support of the plan in general, but objects to the Rocky
Mountain Ditch trail. He and 4 of his neighbors have never heard of this bike trail.
When a trail system is proposed that affects property rights of private property owners,
they should be notified. The intersection of these 3 trails is in his backyard as it
presently looks.
Paula Mohwinkle, Wheat Ridge, read petition asking that the City Council remove the
Lena Gulch Trail from the proposed Bikeway Plan. Their reasons included, but were
not limited to conflict with existing use or purpose, Conservation Easement, concern for
Wildlife, threat to neighborhood.
CITY COUNCIL MINUTES: November 13, 2006
Page -3-
Ginny Petty submitted petitions asking that City Council remove Quayle Street 32nd to
38th Avenue from the proposed bikeway plan. Their reasons included but were not
limited to concern for Conservation Easement, oasis for wildlife, encroachment on
private property.
Hamilton Lokey, Wheat Ridge, stated that his property abuts both Lena Gulch and
Open Space. He is opposed to the proposed plan. Private property is so close to this
and the steepness of the bank would require serious impact on the property owners if
they gave easements. He noticed that you could have more than 50 feet setback from
some of the homes in the area. What about safety? Where Lena Gulch enters Clear
Creek is a haven for the homeless. If you put a trail through there it will become a
haven for predators. He submitted maps that he got from Google.
Bill O'Dell, Wheat Ridge, his comments are directed to the area from Anderson Park up
to 38th Avenue, where Mr. Lokey lives. He doubts that the proponents of the trail
system actually walked the area that they are seeking to construct a trail on. It is very
narrow in places. City will be faced with many condemnation actions; diminishing
property values; cost is a consideration. He urged Council to remove both Rocky
Mountain Ditch and Lena Gulch area from the scope of the Master Plan.
Herb Schillereff, Wheat Ridge resident since 1963, once member of Board of
Adjustment for 10 years. He is opposed to the whole plan. There hasn't been adequate
planning or information. Stepping on too many residential owners. No one knows
anything about it. People found out about this over the weekend. Notify property
owners and work together.
Fred Walker, Wheat Ridge, owns less than an acre of ground and Rocky Mountain
Ditch runs through the middle of it. Can't imagine people walking through this. They
would look right into his house. Eliminate Rocky Mountain Ditch and Lena Gulch from
this trail.
Daryl Green, represents group of home owners above 32nd that goes to Chester
Portsmouth Park. They are opposed to bike path going along Lena Gulch, it is all on
private property, it's just a drainage easement, not for other use. It is not conducive to
their way of living. This is the third time this idea has come up.
Louise Turner, Wheat Ridge, handed Clerk 3 pictures of Lena Gulch and stated the
power of water that goes through Lena Gulch cannot be ignored. It is a flood channel.
Every time the water gets high in the Maple Grove Reservoir, Consolidated Mutual lets
it out. For years they got flooded. Element of safety has been totally overlooked.
Comments have been made tonight about the Williams property. It has been labeled by
the Colorado Open Lands as the "Williams Wildlife Preserve". It is a 12 Yz acre property
that is intended to stay green. She is one of the owners of the property and is also
speaking on behalf of the other owner.
CITY COUNCIL MINUTES: November 13, 2006
Page -4-
This is private property like everything else in Lena Gulch. It can be sold, but the
easement stays with the land in perpetuity. It cannot be divided and is not intended for
public access. It is intended to be a protection for the wildlife and a preservation of
agricultural uses. City does not have to maintain it or do anything else with it. Lena
Gulch cuts right through this property.
She submitted petitions asking that the two properties be taken off the bikeway plan. In
addition to what Council has proposed in their motion to take Section 4.20 in the plan
book out. It should say something to the effect that it is inappropriate for trail use. She
was shocked to see that her property would be cut in half by a bikeway. She would like
the map to read "inappropriate for trail use". 3 years from now a different Council will
bring this right back. Give a little bit of stability and take it off now.
Caroline Green, bordering on the west side of the Ernestine Williams Conservation
Easement, thinks it would be a tremendous liability for the City to have a public pathway
there. If this goes through they will have fight. Respect Mrs. Williams' conservation
easement. It is not a good thing that the public was not notified. Listen to the people
who live on Lena Gulch for the privacy and the quiet.
Mike Osborne, speaking for neighbors who live on Lena Gulch. Nobody in this room
who want that trail in their backyard.
Russ Kynzl agreed with virtually everything that has been said. He submitted petitions.
Katie Copher thanked Mike Stites, the Mayor, Joyce Manwaring and Alan White for
returning her e-mails and thanked everybody tonight for showing up. She is against
this, it is in her backyard.
Kirk Hicks owns property at 7395 West 32nd Avenue in Wheat Ridge, but does not live
in the City of Wheat Ridge. There are 4 individual houses on that acre. His property is
on Rocky Mountain ditch and he is against the proposal.
Kathy Kerrns, backs up to Mrs. Williams Wildlife Sanctuary, is against any type of bike
way or pathway along Lena Gulch.
Linda Gibbard, Wheat Ridge, and her neighbors, have had huge problems with school
traffic from Prospect Valley Elementary School. They have had used disposable
diapers, soda cans, garbage, strewn up and down Quail Street; she had 2 boys in her
backyard who scaled her fence; they have all kinds of problems in warm weather with
kids congregating in the school yard of Prospect Valley Elementary School; firecrackers
shot off along Lena Gulch; they have all sorts of wildlife, such as the neighborhood fox
and Canadian geese. They do not need a bike path on Quail Street or Lena Gulch.
Supports everyone who is against this tonight.
CITY COUNCIL MINUTES: November 13,2006
Page -5-
Mike Celaya, lives near 32nd & Wadsworth, is registering his opposition to the bike path
along Rocky Mountain Ditch. It would cut into his own property and bisect the property
of his neighbor to the north, as well as Mr. Hicks' property directly to the east. He is an
avid cyclist, rides all over Wheat Ridge, rides to Golden, no problem riding on the
streets when necessary. Find other ways that don't cut through people's backyard.
Mayor DiTullio asked the Clerk to read letters into the record that were submitted by
residents not able to attend the meeting. The letters expressed to the Lena Gulch trail.
They were submitted by Patrick and Laurie Koentges and Susan Turner.
Council discussion and questions followed.
Mayor DiTullio closed the Public Hearing.
Motion by Mr. Stites to adopt Resolution 51-2006. I further move that the final Parks
and Recreation Master Plan reflect punctuation and grammatical corrections, minor
clarifications and format changes in addition to the significant recommended additions
and changes to the Draft Master Plan presented at the October 16, 2006 City Council
Study Session and outlined in the "Statement of Issues" section of this Council Action
Form. I further move that the final Parks and Recreation Master Plan reflect the
deletion of Chapter 4 - Page 20 pertaining to trail recommendations located on Lena
Gulch and Rocky Mountain Ditch and any associated references in the remainder of the
document; seconded by Mrs. Sang; carried 7-1 with Mr. Gokey voting no.
Mayor DiTullio called for a 15 Minute break at 8:47 p.m.
Meeting reconvened at 9:03 p.m.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 2.
RESOLUTION 52-2006 - DESIGNATING THE JEFFERSON COUNTY
DEPARTMENT OF HEALTH AND ENVIRONMENT AS THE
GOVERNING BODY TO OVERSEE THE ADMINISTRATION OF
METHAMPHETAMINE LABORATORY CLEANUP ON PROPERTIES
WITHIN THE CITY OF WHEAT RIDGE.
Resolution 52-2006 was introduced by Mrs. Rotola.
Motion by Mrs. Rotola to approve Resolution 52-2006; seconded by Mrs. Sang;
carried 8-0.
CITY COUNCIL MINUTES: November 13, 2006
Page -6-
Item 3.
Award of RFP-06-31 Custodial Services at City Hall in the amount of
$29,760 annually to KG Clean, Inc. of Broomfield, Colorado.
Motion by Mr. Womble to award RFP-06-31 Custodial Services at City Hall to KG Clean,
Inc. of Broomfield, Colorado in the amount of $29,760.00 annually to be charged to
Acct. No. 01-118-700-774; seconded by Mrs. Rotola; carried 7-1 with Mr. Gokey voting
no.
Item 4.
Parks and Recreation Commission Appointment.
Motion by Mrs. Adams to appoint Helen Huitt to the Parks & Recreation
Commission; term to expire March 2008; seconded by Mr. Stites;
carried 8-0.
Motion by Mr. Stites to adjourn to Executive Session for a Personnel Matter under
Charter Section 5.7(2) and Section 24-6-402(4)(F), C.R.S., specifically Performance
Evaluation of the City Manager. Return to Open Meeting at close of Executive Session
for the purpose of taking any formal action deemed necessary; seconded by Mr.
Womble; carried 8-0.
Meeting adjourned to executive session at 9:10 p.m.
EXECUTIVE SESSION WAS HELD
Meeting reconvened at 9:50 p.m.
Motion by Mr. Stites to increase the City Manager's salary by 5% annually, effective
November 1, 2006. He further moved to amend the City Manager's employment
agreement as follows:
1. Accrual of vacation leave on an annual basis at the highest rate provided to any
other employee (14 hours/month).
2. Six (6) months health insurance, life insurance and disability benefits upon
termination.
3. Definition of termination to include:
o Change in form of government affecting manager's duties.
o If asked to resign.
4. Resignation time frame required: 30 days rather than 45 days.
Seconded by Mr. Womble; tied 4-4. Mayor DiTullio broke the tie by voting yes. Motion
carried 5-4 with Councilmembers Berry, Schulz, Rotola, and Adams voting no.
ELECTED OFFICIALS' MA TIERS
Karen Berry attended the CML policy meeting. One of the big topics was ethics in
government and what it will do to elected officials and City employees. She asked for
consensus that the topic of ethics will be brought to next available study session.
Consensus was 7 in favor.
CITY COUNCIL MINUTES: November 13, 2006
Page -7-
Wanda Sang wondered if we could find a better way to inform citizens of what is going
on in their neighborhood. If we have to send them a letter, so be it. People need to be
aware and need to comment on it.
Jerry DiTullio announced that the Parks Director had asked him to inform the public that
the Parks Commission will meet this week, but they will not discuss Lena Gulch and
Rocky Mountain Ditch.
Meeting adjourned at 10:00 p.m.
~~ ~Q~
Christa Jones, Deputy ~y Clerk
APPROVED BY CITY COUNCIL ON NOVEMBER 27, 2006 BY A VOTE OF to
Mike Stites, Council President
The preceding Minutes were prepared according to 947 of Robert's Rules of Order, Le.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
ITEM NO:
I A \_
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
November 27,2006
TITLE:
RESOLUTION 52-2006 - A RESOLUTION AMENDING THE 2006
FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION
IN THE AMOUNT OF $50,000 TO THE WHEAT RIDGE
FOUNDATION IN SUPPORT OF THE WRHS FIELD
COMMITTEE SYNTHETIC TURF PROJECT
o PUBLIC HEARING
o BIDS/MOTIONS
[gJ RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial: 0
Yes
!
-~
Deputy City Manager "' r
IS]
No
City Manage
EXECUTIVE SUMMARY:
City Council has directed staff to prepare a resolution to appropriate $50,000 as a donation to the
Wheat Ridge High School (WRHS) Field Committee for new synthetic turf fields. The Wheat Ridge
Foundation, which is a 501 (c)(3), has partnered with the WRHS Field Committee and is collecting and
holding funds for the fields which will complement the remodel of the school building.
The synthetic turf fields will:
· Enhance water conservation efforts and save tax dollars used for water
· Reduce routine field maintenance and save tax dollars used for maintenance
· Have a professionally groomed look year round
· Be available for use year round with less down time than sod fields
. Enhance the look of the school and our City
. Be used to host community events
. Be available for use by the Wheat Ridge Parks and Recreation Department
The estimated cost of the two fields just south of the high school is $600,000, It is the goal of the
school and committee to begin construction of the fields in May of 2007.
COMMISSION/BOARD RECOMMENDATION:,
No other Board or Commission reviews budget amendments.
STATEMENT OF THE ISSUES:
In order for the WRHS Field Committee to start applying for grants, the committee must have
matching funds dedicated to their project via the foundation.
ALTERNATIVES CONSIDERED:
Do not allocate any funds.
FINANCIAL IMPACT:
This will be a one time budget appropriation to the Wheat Ridge Foundation in support ofthe WRHS
Field Committee and synthetic turf project. There are adequate funds in the General Fund
undesignated reserves to fund this request.
RECOMMENDED MOTION:
"I move to approve Resolution 52-2006 - A Resolution Amending the 2006 Fiscal Year General Fund
Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of$50,000 to
the Wheat Ridge Foundation in Support ofthe WRHS Field Committee Synthetic Turf Project."
or,
"I move to deny the approval of Resolution 52-2006 - A Resolution Amending the 2006 Fiscal Year
General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount
of$50,000 to the Wheat Ridge Foundation in Support ofthe WRHS Field Committee Synthetic Turf
Project for the following reason( s)
"
Report Prepared by: Patrick Goff, Deputy City Manager
Reviewed by: Randy Young, City Manager
Attachments:
1. Resolution 52-2006
RESOLUTION NO. 52
Series of 2006
TITLE:
A RESOLUTION AMENDING THE 2006 FISCAL YEAR
GENERAL FUND BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $50,000 TO THE
WHEAT RIDGE FOUNDATION IN SUPPORT OF THE
WHEAT RIDGE HIGH SCHOOL FIELD COMMITTEE
SYNTHETIC TURF PROJECT
WHEREAS, the City of Wheat Ridge Strategic Plan includes the goal of a
"Strong Partnership between City, Community and Region"; and
WHEREAS, the City Council is desirous of assisting the Wheat Ridge High
School with the installation of synthetic turf fields; and
WHEREAS, the synthetic turf fields will enhance the look of the school and the
City of Wheat Ridge; and
WHEREAS, the fields will be available for use by the Wheat Ridge Parks and
Recreation Department; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be
effected by the City Council adopting a Resolution;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
The following amendment to the 2006 General Fund Budget is hereby approved:
(a) A supplemental budget appropriation from General Fund undesignated reserves in
the amount of $50,000.00 to account #01-102-700-780 to be transferred to the
Wheat Ridge Foundation for the purpose of supporting the WRHS Field
Committee synthetic turf project.
This resolution shall be effective immediately upon adoption.
DONE AND RESOLVED THIS 27th DAY NOVEMBER. 2006.
Jerry DiTullio, Mayor
ATTEST:
Pam Anderson, City Clerk
ATTACHMENT 1
ITEM NO: l ,] \
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
November 27,2006
TITLE:
RESOLUTION 53-2006 - A RESOLUTION AMENDING THE 2006
FISCAL YEAR OPEN SPACE BUDGET TO REFLECT THE
APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION
IN THE AMOUNT OF $15,000 ON BEHALF OF THE WHEAT
RIDGE ROTARY FOR THE WHEAT RIDGE HIGH SCHOOL
FIELD COMMITTEE SYNTHETIC TURF PROJECT
D PUBLIC HEARING
D BIDS/MOTIONS
[2J RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
D
[2J
No
14
ck. ~t ~
City Mana~ '(
EXECUTIVE SUMMARY:
On October 3, 2006, the Wheat Ridge Rotary Club authorized the contribution of $15,000 to the
Wheat Ridge Parks Capital Improvement Fund for the Wheat Ridge High School (WRHS) Field
Committee synthetic turf project. The contribution will be paid from the Wheat Ridge Open Space
Fund and will be re-paid by the Wheat Ridge Rotary Club in five annual $3,000 installments.
As outlined in Attachment # 1, the Rotary has requested that:
· A plaque or other physical recognition of the support on the project funded,
· The full amount ofthe $15,000 contribution be advanced to fund the artificial surface on the
athletic field at Wheat Ridge High School, and
· In the event that the High School does not install a durable surface on the athletic field that
allows additional community use, then funds be applied to other worthy Park Capital
Improvements, with a preference for public art.
The estimated cost of the two fields just south of the high school is $600,000, It is the goal of the
school and committee to begin construction of the fields in May of 2007.
COMMISSIONfBOARD RECOMMENDATION:.
No other Board or Commission reviews budget amendments.
STATEMENT OF THE ISSUES:
In order for the WRHS Field Committee to start applying for grants, the committee must have
matching funds dedicated to their project via the Wheat Ridge Foundation.
ALTERNATIVES CONSIDERED:
Do not allocate any funds.
FINANCIAL IMPACT:
The $15,000 appropriation will be re-paid to the City of Wheat Ridge by the Wheat Ridge Rotary Club
in five annual installments of $3,000. There are adequate funds in the Open Space undesignated
reserves to fund this request.
RECOMMENDED MOTION:
"I move to approve Resolution 53-2006 - A Resolution Amending the 2006 Fiscal Year Open Space
Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of$15,000 on
Behalf of the Wheat Ridge Rotary for the WRHS Field Committee Synthetic Turf Project Contingent
upon the City Receiving a Signed Letter of Agreement from the Wheat Ridge Rotary agreeing to the
repayment ofthe $15,000 to the City of Wheat Ridge."
or,
"I move to deny the approval of Resolution 53-2006 - A Resolution Amending the 2006 Fiscal Year
Open Space Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount
of $15,000 on Behalf of the Wheat Ridge Rotary for the WRHS Field Committee Synthetic Turf
Project for the following reason(s)
"
Report Prepared by: Patrick Goff, Deputy City Manager
Reviewed by: Randy Young, City Manager
Attachments:
1. November 9, 2006 Letter from Wheat Ridge Rotary Club
2. Resolution 53-2006
~1/20/200G 14:50
3032311350
REC CENTER
PAGE, .02/02
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'-'-. ....
. ----,.-
, Service Above Self
WHEAT RIDGE ROTARY CLUB
. '"
'P.O. 'Box 616
WH~T RIDGE, CO. 80034 ..
Noyember,9, ~OO6"
Joyce Manwaring
Wheat Ridge parks & Recreation
3900 Kipling Street .
Wheat Ridge, Colorado 80033
. RE: Contribution to Parks Capital Improvement Fund
, Dear:Ms, Manwaring:
On October 3; 2006 the Wheat~dge Rotary Club authorized tl;1e contrib~tion of$lS,'OQO to the
Wheat Ridge Parks Capital Improvement Fund. The contributi,on will be paid in five annual $3,000
insta1~ents. ,We desire the following:
, ,
. 1. A plaque or other physical recogrntlon of the support on the project funded,
, ,
'2: Th~ full amount,ofthe $15~OOO contribution would be advanced to fund the artificial surface on
athletic ~e1d, at Wheat Ridge ,High School, and' .
/' 3'. In the ,eVent that the High ,School does not install a durable surface'on the athteti'c field that
, allows additional community use. then we would like the funds applied to other worthy Park
Capital Improvements. with a preference for public art: '
Thank you for. your consideration, .. '
Sincerely,
~~
Richard Mat~bews, Treasurer
Wheat Ridge Rotary Club '
Pleasellcknowledg~ receipt of this donor preference ~etter by siSning and'returning'Qne e~py. .
Si' " . ' ~. _ T}lte.J.Lj/s/ IJ~
J yce Manwaring ),.r/'
eat Ridge Parks & R~tion Director .
- ' WAY ttsT "Of the things we Thin/<. Say or (}O" .' . . '
, ,. ROTARY fOU~. :\d GOODWILL ano BmER fR1ENDSHlPS1 4. Will it be 8~NEFICIAlto al. !;Qnc::eml!d?
t \s it tl"le TR,"""l 2..\s it fA1R to all c.oncemed 3. Willlt bUI , . .,',
. ATTACHMENT 1
RESOLUTION NO. 53
Series of 2006
TITLE:
A RESOLUTION AMENDING THE 2006 FISCAL YEAR
OPEN SPACE BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION IN
THE AMOUNT OF $15,000 ON BEHALF OF THE WHEAT
RIDGE ROTARY FOR THE WHEAT RIDGE HIGH
SCHOOL FIELD COMMITTEE SYNTHETIC TURF
PROJECT
WHEREAS, the City of Wheat Ridge Strategic Plan includes the goal of a
"Strong Partnership between City, Community and Region"; and
WHEREAS, the City Council is desirous of assisting the Wheat Ridge High
School with the installation of synthetic turf fields; and
WHEREAS, the synthetic turf fields will enhance the look of the school and the
City of Wheat Ridge; and
WHEREAS, the fields will be available for use by the Wheat Ridge Parks and
Recreation Department; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be
effected by the City Council adopting a Resolution;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
The following amendment to the 2006 Open Space Budget is hereby approved:
(a) A supplemental budget appropriation from Open Space undesignated reserves in
the amount of$15,000.00 to Open Space Fund account #32-601-800-862 for
advancement for the Wheat Ridge Rotary for allotment to the Wheat Ridge
Foundation for the purpose of supporting the WRHS Field Committee synthetic
turf project.
This resolution shall be effective immediately upon adoption.
DONE AND RESOLVED THIS 27th DAY NOVEMBER. 2006.
Jerry DiTullio, Mayor
ATTEST:
Pam Anderson, City Clerk
ATTACHMENT 2
ITEM NO: \ t C 4
REQUEST FOR CITY COUNCIL ACTION
~(~':
';~1"t~~rt;
lu U~
COUNCIL MEETING DATE:
November 27, 2006
TITLE:
APPROVAL OF THE REVISED PERSONNEL POLICIES
D PUBLIC HEARING
[gJ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
o
Yes
[gJ
No
~.
Deputy City Maiiager
~r~
City Managew ~
EXECUTIVE SUMMARY:
As part of our periodic "check system", the Human Resources Division has reviewed the Personnel
Policies and has made several revisions for approval with an effective date of January 1,2007. The
most significant proposed policy change is a move from our current Vacation and Sick leave programs
to a Personal Time-Off (PTO) and Extended Sick Leave (ESL) system. The remaining revisions
included in this proposal are primarily made for administrative and clarification purposes and do not
result in a reduction or increase in benefit levels.
The use of PTO plans continues to gain popularity as a means of responding to an organization's
productivity issues, quality of service, cost containment, and employee attraction and retention. One
advantage ofPTO for employers is that employees are more likely to give advance notice for absences
thus reducing the percentage of unscheduled absences. PTO plans are popular with employees because
they are perceived as helpful in balancing work and home life or nonwork pressures. PTO plans also
promote employee empowerment and control as employees are better to schedule time offin advance.
The move to a PTO and ESL system will not increase the total number of accrued leave hours for
employees but will simply redistribute those accurals from four leave banks to three leave banks. This
redistribution will enable the City to meet the goals as described in the previous paragraph. With the
proposed adjustments, accrual rates are increased in the PTO plan (formerly "Vacation") and
decreased in the ESL, (formerly "Sick" leave) and the Floating Holiday leave bank is eliminated.
In addition, through market comparison, it appears the City's current benefit package regarding Leave
Programs is high in some areas and average to below average in others:
. Annual Accruals - "sick" leave is average to above; "rest" leave is below average
. Maximum Accruals - "sick" leave is average; "rest" leave is high for a new hire to 5 years and
below average for an employee with tenure of 6+ years;
· Official Holidavs - below average.
Within the PTO/ESL outline, adjustments were made to these areas to bring them to a more balanced
level, yet still ensure we remain competitive in the market.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The following policy revisions are in connection with the proposed PTO/ESL system:
SECTION 5.4. OFFICIAL HOLIDAYS
(Page 5-2&3) In January 2006, an Administrative Guideline was developed to replace the
practice of utilizing holiday time as it occurred with the bank concept, to be
drawn from at anytime throughout the year. This has allowed those employees
that work on holidays to better utilize the time and has reduced the need for
carry-over at the end of the year. Therefore, it is recommended, this policy be
adjusted to reflect current practice.
SECTION 5.6.
(Page 5-3 thru 5)
In addition, with the redistribution of hours noted in the proposed PTO/ESL
system, the Floating Holiday section of this policy will be eliminated. It is
proposed one Floating Holiday be transferred to the PTO program as outlined
in Section 5.6., and the remaining Floating Holiday be adopted as an additional
City Official Holiday, specifically the day after Thanksgiving Day.
PERSONAL TIME-OFF LEAVE, (formerly Vacation Leave)
The proposal is to replace our current Vacation program with a Personal Time-
Off (PTO) system whereby employees continue to receive the 12 days alotted
in the vacation pool with the continued increase of 3 days based on years of
service; plus one ofthe two Floating Holidays currently provided; and, 70fthe
days alotted in the sick days pool:
o through 5 Years of Service
Floating Official
Current Days: Sick Vacation Holidavs Holidavs
12 * 12 2 9
(5 + 7) ~ (1 + 1) ~
Proposed Days: \Sz------. PTO'------ -------. Holidavs
5 * 20 0 1 0
(Extended Sick Leave) (Personal Time-Oft)
* VacationlPTO increases by 3 days with each Years of Service group:
6 through 10; 11 through 15; and, 16 and more.
SECTION 5.7.
(Page 5-6 thru 8)
SECTION 5.15.
(Page 5-15)
Overall, the new PTO program will allow for time off for a "rest/vacation"
period but also includes incidental illness/injury and bereavement that is not
allowed today in the Vacation program. The concept of a Personal Time-Off
program accomplishes the following:
· promotes planned time off;
· allows more "vacation" time for those who aren't sick;
· reduces the percentage of unscheduled absences; and,
· serves as an excellent recruitment/retention tool.
EXTENDED SICK LEAVE, (formerly Sick Leave)
Currently, the City provides 12 sick days per year to employees. With 7 of
these sick days transferred to the PTO accrual pool, it is proposed the
remaining 5 days be placed into an Extended Sick Leave (ESL) bank each year
to help ensure employees have enough paid leave when serious conditions
warrant their absence, (see Chart in Section 5.6.).
Essentially, ESL will be reserved for absences that extend beyond 40 working
hours in events of personal illness, injury, or disability, events that qualify
under FMLA, (Section 5.9.), and when care for an immediate family member is
necessary.
In addition it must be noted that through the current Sick Leave plan, a
conversion provision exists for employees that were hired on or before
February 12, 1990 whereby employees may exchange up to 96 hours for cash
or additional time-off at a 2 for 1 rate providing they leave 480 hours in their
sick leave bank. Currently 41 employees meet the hire date criteria, 27 of
which meet the 480 hour bank minimum and actively participate; 174
employees may not participate. Through the adoption of the PTO/ESL
program, this Sick Leave Conversion benefit will be eliminated.
BEREAVEMENT LEAVE
This policy has been eliminated since leave time for such events is covered
under the PTO program.
The following is a summary of the revisions to policies that are primarily for administrative
and/or clarification purposes:
SECTION 5.8.
(Page 5-6 thru 8&9)
SHARED LEAVE, (formerly 5.25.)
Language has been added placing a limit to the number of PTO hours an
employee may donate and/or receive when an event occurs whereby an
employee has exhausted all of his/her leave and their absence from work is
necessary. In addition, an administrative procedure has been put in place that
results in a more equitable distribution of donated PTO hours to employees in
need.
SECTION 5.16.
(Page 5-16)
SECTION 5.17.
(Page 5-16)
SECTION 6.7.
(Page 6-3)
SECTION 8.5.
(Page 8-2)
SECTION 11.8.
(Page 11-5)
SECTION 15.1.
(Page 15-1)
DEFINITION
EXEMPT STATUS LEAVE, (formerly Administrative Leave)
This policy is designed to provide periodic relief to exempt employees who
have been required to work excessive hours beyond their normal 40 hour
workweek and is a common practice in the industry. This is not a new
practice, however, a title change is recommended for clarification purposes.
Further revision includes additional language to ensure the exempt status of an
employee is not compromised, (work hours not to be tracked); allows for a
maximum number of hours that may be taken for leave; provides for pro-ration
of hours; and, provides a clause to ensure there is an understanding that this
type of leave is not available for cash conversion.
ADMINISTRATIVE LEAVE (formerly Investigative Leave)
Leave connected with events where disciplinary action may be involved, such
leave is more commonly referred to in the industry as "Administrative" leave.
PERFORMANCE APPRAISALS
C.3. - The current system of adjusting evaluation appraisal dates when an
employee is out for an extended length of time, (in excess of thirty (30) days)
has been changed to "in excess of ninety (90) days". This is comparable to the
allowable period of time outlined in the FMLA Policy.
WORK-RELATED TRAVEL
Hours in connection with work-related travel only applies to non-exemot
employees. To ensure a clear understanding of this, language has been added.
DISCIPLINARY OR CORRECTIVE ACTION PROCEDURE
D.2. - Language has been added to explain the discipline/corrective action
process when the Department Director is the initial disciplinary authority.
PROHIBITING HARASSMENT
C.2., C.3. & E. - In light of the recent changes in the laws concerning
retaliation in connection with the investigation process on harassment claims,
supervisors' involvement has been removed.
"IMMEDIA TE F AMIL Y MEMBER"
The scope of "family" has been narrowed to include those individuals related
to an employee as follows: spouse or domestic partner; biological, step-,
adopted, or foster: children, grandchildren, parent(s), grandparent(s),
brother(s), sister(s), or other relative residing in the employee's household.
In addition, all references to: "Sick" Leave; "Vacation" Leave; "Administrative Services Director";
and, "Administrative" Leave have been changed throughout the Personnel Policies manual to
"Personal Time-Off and/or "PTO"; "Extended Sick Leave" and/or "ESL"; "Deputy City Manager";
and, "Exempt Status Leave", respectively.
As a result, minor changes have been made to the "Definitions" section of the Personnel Policy
manual, as well as, the following Personnel Policies:
Section 3 Section 5 Section 6 Section 9
3.10. Eol. 5.5. 6.3.D. 9A.DA.b.
5.9.L. 6.9.A.1.b. 9.5.DJ.
5.10.E. 6.9.A.2.b. 9.8.C.
5.11.B. 6.9.B.
5.12. A.2.
5.14.G.2.
5.20.C.
5.22.E.
Section 10
IOA.A.
Section 11
11.4.A.4.b.
lIA.A.6.
Section 12
12A.E.
AL TERNA TIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
· With the adoption of the Personal Time-Off (PTO) and Extended Sick Leave (ESL) plans, the
current Sick Leave Conversion program will be eliminated, resulting in a savings of approximately
$25,000 per year based on our history of pay-out in this program. Potentially, if all 41 employees
reached the 480 hour minimum and thus were able to participate, this cost would increase to
$58,931 based on today's hourly rate.
· There is a potential liability increase in the pay-out at separation of approximately 5.5%, however,
because employee terminations are unpredictable, specific dollars are unknown.
· With the Extended Sick Leave program, employees are forced to reserve a number of hours should
illnesses/injuries occur that might qualifY for our Short-Term Disability benefit. With this "safety
net" in place, we are able to extend the required waiting period for this disability benefit from a" 1-
day accident/8-day illness or exhaustion of the employee's sick days, whichever comes first" plan
to a 30-day duration, resulting in a more equitable benefit, as well as, a cost savings of
approximately $20,000 per year.
RECOMMENDED MOTION:
"I move to approve the revisions to the Personnel Policy as submitted on November 27,2006, to be
effective January 1,2007."
or,
"I move to deny the revisions to the Personnel Policies as submitted on November 27, 2006 for the
following reason(s) "
Report Prepared by: Karen M. Croom, Human Resources Manager
Reviewed by: Patrick Goff, Deputy City Manager
Attachments:
Revised applicable Personnel Policies:
. Section 3: Employer Practices & Expectations
. Section 5: Benefits, Programs, and Leaves
. Section 6: Compensation
. Section 8: Educational Programs & Work-Related Travel
. Section 9: Substance Abuse Policy
· Section 10: Safety Policy, Equipment, Accidents and Injuries
· Section 11: Disciplinary/Corrective Action and Appeal Procedure
· Section 12: Departures From Employment
· Section15: Anti-Harassment and Workplace Violence
· Table of Contents
. Definitions
cc:
Request for City Council Action-report fonn
City of Wheat Ridge Personnel Policies
SECTION 3: EMPLOYER PRACTICES & EXPECTATIONS
Section(s) Revised: 3.10.E.2. Approved bv Council: 11/27/06 Effective: 01/01/07
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
1. Meals - Non-exempt employees should take a minimum one-half (1/2) hour lunch break (without
compensation) when working at least five (5) consecutive hours.
2. Breaks - Employees may take one 15-minute break (with compensation) for every four (4) hours worked.
Break rooms with vending machines at various City facilities are provided for employee's use during their
breaks. For liability reasons, employees must stay on the premises/work site during 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.
3.3. ATTENDANCE
Employees report for their work assignments at the times and places established by their supervisors. Each
department prepares attendance records for all employees on the form approved by the City Manager.
3.4. PAY PERIODS/PAY DAYS
The City is on a bi-weekly payroll system 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.
3.5. 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.
. Deductions can be arranged for the credit union, United Way, deferred compensation, and ot~er deduction~ as
approved by the City Manager. These types of deductions are arranged only upon receIpt of the wntten
authorization from an employee.
3-1
3.7. ATTIRE AND APPEARANCE
Although the City of Wheat Ridge wishes to encourage individual freedom with respect to an employee's choice of
attire, the City should be known as an organization where employees exhibit a professional image, enjoy their work,
and create extraordinary results. The amount of public contact and the "setting" of the contact should be a
determining factor in what to wear - the more formal the setting, the more professional the wear.
It is recognized the City of Wheat Ridge employees work in a wide range of environments that will have different
standards for suitable clothing. However, regardless of the work area:
Wearing apparel must be stain-free, neat, clean and in good repair.
Personal appearance, including personal hygiene and fragrances, hair style/color, tattoos and body piercing
must project a non-offensive, professional image as it relates to the job duties.
Attire that creates a safety hazard for the public or employee will not be allowed.
Casual Fridavs - 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. Smokina 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. Citv Facilitv~ 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.
3.9. PERIODIC PHYSICAL EXAMINATIONS
Periodic physicals may be required for certain employees, as directed by the Department Director, to ensure their
ability to perform the position. Such physical examinations will normally be conducted while the employee is on
duty. If a non-exempt employee is required to submit to .examinati~n other than during norm~I.~uty hou~s, ~he
employee shall be paid for all time required for the examination. The City shall pay the cost of the initial examination
required by this section. If, as a result of the initial examination, further follow up tests and/or treatment are
required, the costs incurred shall be submitted to the employee's insurance company for payment.
3-2
3.10. 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, Intra~et, and o~he~ 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 representing the City in a positive manner.
D. Password Use - Log-on and other passwords may not be shared with any third party, nor may they be shared
with another employee other than their Department Director and the network administrator. All passwords or
changes in passwords must be approved and documented through the network administrator. The network
administrator or designee may override password controls when adjustments are needed in the system or
retrieval of information is required to conduct City business.
3-3
E. Privac'l - Employees should have no expectation of privacy in either sending or receiving electronic messages
and other information on the Internet, Intranet, or other electronic media and should be aware that any and all
records, files, communications and software stored by employees on the City's computer system are the
property of the City. E-mail messages, Intranet, and Internet records are to be treated like shared paper files,
with the expectation that anything in them is available for review by authorized City of Wheat Ridge
representatives. Employees should be aware that regular system backups are conducted and that copies of
information thought to be deleted may be included in system back-up files.
1. The City reserves the right to access, monitor and disclose the contents of employee E-mail messages,
Intranet, or Internet records without notification to or permission from the employees sending or receiving
the messages. The City may disclose the contents of electronic media sent to or received by City
employees and elected officials and may use information regarding the number, sender, recipient and
addresses of messages sent over the electronic media systems for any purpose. Furthermore, such data
may be discoverable in litigation.
2. Persons who receive misaddressed e-mail shall return, if possible, such e-mail to the original sender with a
message stating the e-mail was misaddressed. The receiving party shall not save the misaddressed e-mail.
A person receiving misaddressed e-mail that the receiver believes violates this guideline or any other
ordinance, guideline or procedure, shall forward the e-mail to the sender's Department Director or the
Deputy City Manager for appropriate action instead of returning the misaddressed e-mail.
3. The network administrator or designee shall be responsible for preserving all electronic pUblic records,
either on or off the system for a length of time consistent with the City ordinances and Colorado statutes.
4. Communications dealing with real property acquisitions, legal actions, municipal security, personnel
matters, negotiations, and criminal records shall not be accessible by the public in accordance with public
records policies.
5. Employees should be aware that under the Colorado Open Records Act, members of the public may have
access to e-mail and voice mail messages.
F. Retention - Employees are responsible for retaining documents sent via the e-mail system in accordance with
retention schedules and guidelines established by the City Manager.
G. Violations and Discipline - Employees are required to comply with the provisions included in this policy, as well
as those in other policies that relate to the topics included in this document. Violations of any provisions of this
policy may cause the employee to be personally liable for monetary damages, criminally liable, and/or to be
subject to disciplinary action up to and including dismissal.
H. Emolovment Seoaration
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 best value, consistent
with the quality needed for effective use. For specific procedures and approval levels, refer to the internal
administrative purchasing policy. Violations of the purchasing policies and procedures will be subject to disciplinary
action up to and including dismissal.
3.12. EMPLOYMENT VERIFICATIONS/REFERENCES
To protect the City and staff from potential legal claims related to information released about current and former
employees, all verifications, references, and inquiries regarding current and former employees must be referred
directly to Human Resources. A Letter of Employment Recommendation may be given to an employee if a signed
written release is first obtained by said employee and the written recommendation, prior to its release, is reviewed
and approved by Human Resources.
3-4
City of Wheat Ridge Personnel Policies
SECTION 5:
BENEFITS, PROGRAMS, AND LEAVES
Sections Revised: 5.4; 5.6; 5.7; 5.8., 5.16. and all reference to Vacation ISick leave changed to PTO/ESL
Council Approval: 11/27/06 Effective 01/01/07
5.1. GUIDELINE
The City Manager, subject to budgetary limitations set by the City Council, may provide fringe benefits to
employees. Such benefits may be enumerated and explained to Employees through these Policies, meetings,
orientation, memoranda, booklets, etc.
A. Except as may be governed by law or written agreement, benefits may be increased, decreased, eliminated,
changed or modified from time to time as deemed necessary or appropriate by the City Manager and approved
by the City Council. The City will make a reasonable effort to provide employees with a minimum of thirty (30)
calendar-day notice prior to the effective date of any benefit change which results in a reduction of benefits.
B. Leave and holiday time off as described in this section, excluding work breaks, may be requested and
approved in increments of at least 1/4 hour. Leave and holiday time used, if less than 1/4 hour, will be charged
as 1/4 hour used.
C. Some of the following benefit programs are described in greater detail in benefit plan documents that may be
reviewed in Human Resources. None of the following Policies is a summary plan description under the
Employee Retirement Income Security Act, as amended or under any other statute, regulation or rule. In the
event of any conflict between the following summaries and the terms of any employee benefit plan, the terms of
the employee benefit plan 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.
1. Self~Referral ~ The City encourages any employee who is experiencing a personal problem to seek
assistance, either by contacting his or her supervisor, Department Director, the Human Resources
Manager, or through outside service organizations.
2. Suoervisorv-Referral - When a supervisor becomes aware of a developing pattern of unsatisfactory job
performance which has not been corrected through the City's standard disciplinary procedures or the
employee's own efforts, and when the supervisor believes it can be improved by participation in the
program, the supervisor may recommend or require the employee seek assistance.
C. It is not the role of any supervisor or manager to attempt to diagnose or resolve any employee's personal
problems. However, it is the responsibility of the supervisor to be clear about the job performance expectations
of employees, to document specifically any deviations from these expectations, both positive and negative, and
to take appropriate corrective action in the event the employee's job performance fails to meet acceptable
standards.
D. Only documentation relating to job performance may be placed in the employee's personnel file; however no
reference to suspected personal problems will be included, only when those personal problems directly relate
to the performance problem(s).
E. The City will not discriminate against any employee in terms of job security or promotional opportunities based
in any part on the voluntary use of the services discussed herein. Neither will participation in an assistance
program alter the job performance requirements of any employee.
F. Personal problems are the responsibility of the employee and, beyond the initial assessment and referral from
the employee assistance program shall be the responsibility of the employee to bear the cost, in conjunction
with insurance.
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5.3. RETIREMENT
Participation in a Retirement Plan is mandatory for all employees. Determination as to which plan will be used will
be in accordance with regulations established by the City. Details of plans are available in Human Resources.
5.4. OFFICIAL HOLIDAYS
The City Personnel Policies authorize holiday payor time-off for regular full-time and regular part-time employees
each year. A "Holiday" is worth eight (8) hours for regular full-time employees and is pro-rated for regular part-time
employees, based on the number of hours they are registered to consistently work on a weekly basis.
A. OFFICIAL HOLIDAYS
1. The following holidays are recognized as municipal holidays for pay purposes. Regular full-time and
regular part-time employees have these days off with pay:
New Year's Day Independence Day Veteran's Day Christmas Day
President's Day Labor Day Thanksgiving Day
Martin Luther King Jr. Day Memorial Day Day after Thanksgiving Day
2. Official City holidays which fall on Sunday shall generally be observed on the following Monday. Those
which fall on Saturday shall generally be observed on the preceding Friday.
3. During Official Holidays, most City departments will be closed. Exceptions are those departments
responsible for providing public safety/emergency services and the recreation center. Department
Directors have the discretion of determining who may work on an Official Holiday.
B. ELIGIBILITY CRITERIA
1. The total number of Official Holidays hours a regular employee is eligible for (based on their status, FT or
PT) will be available to them at the first of each year and may be utilized as approved by the relative
Department Director. The total number of Official Holiday hours granted to the employee each year must
be utilized during said year and shall not carry over to the next year.
2. DURING AN EMPLOYEE'S FIRST YEAR OF EMPLOYMENT, the number of holiday hours available will
be pro-rated, based on the employee's date of hire.
3. Employees currently on unpaid leave (and not under Family or Medical Leave) will not earn holidays or
receive holiday pay.
C. UTILIZATION/COMPENSATION
1. Non-exempt employees who are reauired to work on official holidays, shall be entitled to their regular rate
of pay for all hours worked on the holiday in addition to holiday pay (8 hours or pro-rated as applicable) or
equivalent time off, with the approval of the employee's supervisor.
2. When the holiday falls on an employee's regular day off, they may be permitted to work their normal
schedule and take the holiday at a later time.
3. All employees, regardless of exemption status, will be required to complete a payroll time sheet during a
payroll period in which a holiday occurs to denote whether the holiday was taken or not. In addition,
anytime holiday hours are used, the employee must complete a payroll time sheet in order for the hours to
be withdrawn from his/her holiday bank.
4. Holidays may be used in any increments of time, as approved by the relative Department Director.
a. If the employee, however, chooses to use less holiday hours than they are normally scheduled to work,
the difference in hours must be taken from another leave bank such as compensatory time; PTO; or
leave without pay, (if no other leave is available) or the employee may, if pre-approved by his/her
supervisor, work the difference on another day of the week in which the holiday occurs.
b. If the payroll timesheet is not completed properly and payroll has to determine what hours will be used,
hours will be deducted from the employee's leave accruals in the following order: holiday leave first;
compensatory time second; PTO time last.
5. Upon termination, the employee's final paycheck will be adjusted to reflect the appropriate number of
holiday hours they would normally be eligible for based on when the holidays occur.
a. If there is an insufficient amount in the employee's final paycheck to deduct for overpayment of holiday
hours, the employee will be required to make restitution in a manner mutually agreed upon by the City
and employee.
b. The actual termination date shall be the last day of active employment and shall not be extended with
unused holiday leave unless pre-authorized by the City Manager.
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5.5. RELIGIOUS HOLIDAY OBSERVANCE
An employee who wishes to be excused from work in observance of a religious holiday will request approval of the
absence from the Department Director. If approved, the time off is charged against Personal Time-Off leave or
compensatory time.
5.6. PERSONAL TIME-OFF LEAVE (PTO)
A. PURPOSE
Recognizing the varying work schedules of City employees and employee's diverse needs for time away from
work, the City provides a general Personal Time-Off (PTO) leave program for its employees. Personal Time-
Off is accrued by regular employees to use for vacations, medical/dental appointments, personal business,
child care problems, bereavement, family emergencies, off-the-job injury, incidental illness, incidental care for
family members, and all other absences not covered under another plan.
B. ELIGIBILITY CRITERIA
1. Effective on appointment, all Reaular employees shall accrue Personal Time-Off on a bi-weekly basis for
26 pay periods each year according to the following schedule:
Bi-Weeklv Hours are rounded and do not reflect the full rate
40-HOUR 35-HOUR 30-HOUR 25-HOUR 20-HOUR
STATUS STATUS STATUS STATUS STATUS
Years of Bi- Annual Bi- Annual Bi- Annual Bi- Annual Bi- Annual
Service Week Accrual Week Accrual Week Accrual Week Accrual Week Accrual
Hrs. Days Hrs. Days Hrs. Days Hrs. Days Hrs. Days
o through 5 6.15 20 5.38 17.50 4.62 15.00 3.85 12.50 3,08 10.00
6 through 10 7.08 23 6.19 20.00 5.31 17.25 4.42 14.00 3.54 11.50
11 through 15 8.00 26 7.00 22.75 6.00 19.50 5.00 16.25 4.00 13.00
16 or more 8.92 29 7.81 25.00 6.69 21.75 5.58 18.00 4.46 14.50
2. Personal Time-Off accruals shall increase to the next level beginning on the first full pay period following
the employee's appropriate anniversary date, (date of hire with the City as a "regular" benefited employee).
3. PTO shall continue to accrue during periods of absence while the employee remains in an active pay
status. However PTO accrual shall be discontinued during periods of Short Term Disability (STD) and
Long Term Disability (L TO) unless the employee uses PTO hours to supplement his/her disability payment
in order to receive 100% of their normal base pay.
4. Maximum Accumulation - The maximum accumulation of Personal Time-Off shall be limited as shown in
the following chart. An employee who reaches the maximum accrual limit will not be credited with further
Personal Time-Off until their accruals are reduced below the limit.
40-HOUR 35-HOUR 30-HOUR 25-HOUR 20-HOUR
STATUS STATUS (.875) STATUS (.75) STATUS (.625) STATUS (.50)
Years of Maximum Maximum Maximum Maximum Maximum
Service Accrual Hrs. Accrual Hrs Accrual Hrs Accrual Hrs Accrual Hrs
o through 5 210 183.75 157.50 131.25 105
6 through 10 240 210.00 180.00 150.00 120
11 through 15 270 236.25 202.50 168.75 135
16 or more 300 262.50 225.00 187.50 150
C. UTILIZATION
1. Schedulina Personal Time-Off - Scheduled PTO is distinguished from unscheduled PTO by the degree of
control or discretion that the City, through its Supervisors and Department Directors, exercise in the
scheduling of time off.
a. Scheduled Use - Every effort will be made to accommodate the employee's requested dates for PTO,
however, the scheduling of time off shall be at the discretion of the Supervisor and/or Department
Director based upon operational considerations. To schedule leave, a Request for Leave form must be
submitted in advance of the use of the leave to the Supervisor or Department Director no less than five
(5) days prior to the usage of leave unless otherwise directed by the employee's Department Director.
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b. Unscheduled Use - in the event the employee is unable to work due to unforeseen personal illness or
injury, or for other unforeseen reasons, the following provisions shall apply:
1). Notification - If unable to report to work for any reason, employees shall personally communicate
this fact to the Supervisor or designee as early as required by the individual's operating
department. Such notification shall be made each time a scheduled work shift will be missed
unless his/her supervisor has pre-authorized otherwise. Employees failing to comply with this
provision (except for a showing of good cause as determined by the Department Director), shall not
be paid for an unscheduled absence and shall be subject to disciplinary action.
2). Verification of Need for Unscheduled Leave - The employee may be required to furnish medical
verification or other proof that unscheduled use of PTO was unavoidable. Such proof may be
requested by the employee's supervisor, Department Director or the Human Resources Manger.
3). The unscheduled use of Personal Time-Off on seven (7) or more occasions within a calendar year
shall be documented to the employee's personnel file by the employee's supervisor and may reflect
negatively on the employee's annual evaluation. All consecutive work day absences for the same
reason shall be considered as one occasion for the purpose of this policy. The unscheduled use of
PTO on seven or more occasions or as otherwise found to be excessive by the supervisor and
Department Director may be subject to discipline.
4). In the case of any unscheduled use of PTO leave due to personal illness or injury, the employee
may be required to obtain, at his/her expense, medical confirmation that he/she was unable to
perform work during said leave. The City reserves the right to require that such confirmation be
obtained from the City's health care provider. If the employee is required to obtain confirmation
from the City's health care provider, said confirmation shall be at the City's expense.
2. Emeraencv Donation of Accrued but unused PTO - Employees may donate accrued but unused PTO to be
used by other employees who have exhausted all of their available leave time, (see 5.8. Shared Leave).
D. COMPENSATION
1. Buv-Back Provisions
a. Regular employees may, in a calendar year, exchange up to a maximum of 120 hours of accrued but
unused Personal Time-Off at a 1.5 for 1 ratio.
b. Employees wishing to exercise this City buy-back option may not reduce their PTO leave balance
below a minimum level of 120 hours.
c. Employees may use the buy-back provision two (2) times in a calendar year and requests must be
submitted on a form provided by the Human Resources Division for such purpose.
d. Employees exercising the buy-back provision may not be paid for more than 80 hours, (120/1.5) of
unused PTO unless they have used or will be using, as verified by their Department Director, 80 hours
of PTO within the calendar year in which the buy-back provision is used.
2. Pavment for Personal Time-Off at Seoaration - Upon termination, retirement or death, payment will be
paid, at the employee's base rate of pay, for unused PTO time up to the maximum accrual amount the
employee is allowed, (see Section 5.6.B.4. Maximum Accumulation).
a. The official separation date shall be the last day of active employment and shall not be extended with
unused PTO leave unless pre-authorized by the City Manager.
b. Upon the death of an employee, compensation of applicable unused accrued PTO leave shall be paid
to the estate of the deceased employee.
E. OTHER PROVISIONS
1. PTO may be taken in quarter-hour increments and must be accurately reported on time sheets. PTO hours
will be charged against the employee's accrued PTO for only those hours the employee is regularly
scheduled to work. An employee may not take more PTO leave than they have accrued as of the date the
leave is used.
2. Designated holidays which occur during PTO leave shall not be charged against PTO time.
3. PTO will not be counted as time worked for the purposes of computing overtime.
4. Forfeiture of accrued PTO leave as a disciplinary action shall not be authorized and no employee shall lose
accrued PTO leave when promoted, demoted, or transferred.
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5.7. EXTENDED SICK LEAVE (ESL)
A. PURPOSE
Extended Sick Leave is established for regular full-time and regular part-time employees, to provide for paid
leave that extends beyond forty (40) work hours, (prorated for regular part-time employees based on status), for
the employee's mental or physical illnesses; off-the-job injuries or disabilities; situations that qualify under the
Family and Medical Leave Act (FMLA) as noted in Personnel Policy 5.9.; and, when the care of an immediate
family member is necessary, ("immediate family member" is described in Definition Section). The "work" hours
do not need to be consecutive but it is required that they are related to the same event.
B. ELIGIBILITY CRITERIA
1. Extended Sick Leave hours will be credited to regular employees on a bi-weekly basis, each pay day in
accordance with the following schedule:
40-HourlWeek 35-HourlWeek
Status Status
30-HourlWeek
Status
25-HourlWeek
Status
20-HourlWeek
Status
1.5385 hours 1.3462 hours 1.1539 hours .9616 hours .7693 hours
2. ESL shall continue to accrue during periods of absence while the employee remains in an active pay
status. However ESL accrual shall be discontinued during periods of Short Term Disability (STD) and Long
Term Disability (L TD) unless the employee uses PTO hours to supplement his/her disability payment in
order to receive 100% of their normal base pay.
C. UTILIZATION
1. ESL may be used to satisfy the waiting period for, and supplement, Short-term Disability (STD) or Long-
Term Disability (L TD). However, under no circumstances shall an employee receive a combination of ESL
and STD or L TO pay that exceeds 100% of the employee's normal base pay. ESL may not at anytime be
used to supplement Worker's Compensation benefits, if applicable.
2. In order to receive ESL, an employee must make application. In cases of planned ESL, employees are
required to request said leave, in writing on a Request for Leave form and submit to his/her supervisor in
advance. It is requested that, if possible, ten (10) days notification be given prior to the scheduled leave.
In situations where ESL is used for unexpected reasons, the employee must notify his/her supervisor or
Department Director in accordance with the unscheduled leave notification policy, Section 5.6.C.1.b.1. In
the event individuals are not able to request hours for themselves, the employee's department director or
the City Manager may submit a request.
3. If application for ESL has not been received, the hours an employee is absent will be charged to the
employee's Personal Time-Off bank. Once application for ESL is received through the Request for Leave
form and verification that the absence has exceeded the forty (40) required work hours and that the
circumstances qualify as an ESL event, the hours used for the ESL event will be reimbursed to the
employee's PTO account and subsequently be withdrawn from the employee's ESL account.
4. For all absences charged to ESL that qualify under the Family and Medical Leave Act, the Request for
Leave form will serve as the application for Family and Medical Leave and as such, all stipulations outlined
in Personnel Policy 5.9. will apply.
5. The City reserves the right to require a doctor's certification for any period of ESL when used for off-the-job
illness or injury; disability; or, qualifying event under FMLA. Further, at any time during the absence of the
employee as a result of the employee's illness, the Human Resources Manager may require the employee
to submit to an examination by a City hired licensed health care provider to verify the employee is unable to
perform the required duties.
6. At anytime ESL is utilized as a result of the employee's personal off-the-job illness or injury, before the
employee may return to work, the employee will be required to provide a doctor's certification stating
he/she may return to duty. This certification will be utilized to attest that the employee is able to perform
the essential functions of the position or list any restrictions or accommodations necessary to assist in the
City's final determination of the employee's ability to return to duty. Employees may be required to work in
a Limited Duty capacity if a return to work with limitations is authorized by a duly licensed health care
provider.
7. Where the balance in the ESL is not sufficient to cover the amount of time missed, employees will be able
to use PTO time and after depletion, apply for Shared Leave until such time that they return to work or if
applicable, Short Term Disability would be available, whichever comes first.
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8. Employees may maintain a balance in the ESL account of up to 480 hours for regular full-time employees
and prorated for regular part-time employees based on status. Once an employee has reached this
balance, accruals will cease until the balance has been reduced.
40-Hour/Week 35-Hour/Week 30-Hour/Week
Status Status Status
25-Hour/Week
Status
20-Hour/Week
Status
480 hours 420 hours 360 hours 300 hours 240 hours
9. Activities Incomoatible with Extended Sick Leave (ESU - Any employee who is absent after requesting ESL
may not engage in work or other activities that are in conflict with the reasons he/she provided in order to
use ESL. While on ESL, an employee must not engage in any activity which would hamper his/her ability
to return to work.
D. OTHER PROVISIONS
1. All regularly scheduled work hours that are used for ESL purposes must be recorded on the employee's
time sheet. Designated holidays that occur during the employee's ESL shall be charged against Holiday
time and not ESL. ESL will not be counted as time worked for the purposes of computing overtime.
2. ESL may not be donated to another employee and at no time may an employee borrow from future
accruals of ESL.
3. Forfeiture of ESL as a disciplinary action shall not be authorized and an employee shall not lose ESL
accruals when promoted, demoted, or transferred.
4. ESL may not be used once you have submitted your resignation from City Service and is not payable upon
termination of employment or at any other time.
5.8. SHARED LEAVE
Periodically throughout the year, Human Resources will request donated unused compensatory time Personal Time
Off leave hours to be placed in an account reserved for future use as needs arise. This reserved account will be
used to donate to regular employees who have exhausted all available paid leave; have a history of judicious use of
leave prior to the need for donation; and, are in a need to take leave for medical or family emergencies.
A. Recioient Provisions
1. The employee in need of donation must make the request to the Human Resources Manager through
completion of a "Request for Leave Donation" form and must provide appropriate medical justification and
documentation of the necessity for the leave, as well as, the length of time the employee expects to be
absent due to the condition.
2. An employee may not receive more than eighty (80) hours of shared leave per occurrence. If the need
continues, the applicant may re-apply, but shall be limited to accepting no more than a total of one hundred
sixty (160) hours of donated time. The Human Resources Manager will monitor the use of shared leave to
ensure equal treatment of all City employees and will determine when shared leave is no longer needed.
To the extent possible, shared leave is to be used in a consecutive and continuous basis.
3. While on shared leave, an employee continues to be classified as a City employee and is eligible for all
compensation (salary and benefits) they would be otherwise receiving if using paid leave.
4. PTO donations may not be applied to absences resulting from an on-the-job injury for which the employee
is receiving Workers' Compensation benefits nor may they be used to supplement STD or L TD Disability or
Workers' Compensation benefits.
B. Donation Provisions
1. Unused compensatory time and only Personal Time-Off leave hours that have already been accrued may
be donated and the contribution of PTO hours may not reduce the employee's PTO leave balance below a
minimum of eighty (80) hours. To donate, a "Request to Donate Leave" form must be submitted to the
Human Resources Office at any time throughout the year.
2. Donated PTO will be issued on an hour for hour basis with no fixed cash value associated with it.
3. PTO contributions shall start at a minimum of two (2) hours and continue in increments of at least whole
hour increments.
4. Donated leave shall be paid at the recipient's hourly rate.
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C. Other Provisions
1. In the event that the recipient employee does not need all of the leave hours donated, the unused donated
leave hours will remain in the reserved account.
2. An employee who submits his/her resignation from City service while receiving shared leave will not be
paid for any donated and unused shared leave from the point of his/her notification.
5.9. FAMilY AND MEDICAL LEAVE
A. Purpose - In accordance with the Federal Family and Medical Leave Act (FMLA), the City grants job protected,
unpaid family and medical leave to eligible employees for up to twelve (12) weeks per twelve (12) month period
for any of the following reasons:
1. The birth of and care for a newborn child, or the placement of a child with an employee in the case of
adoption or foster care. Leave for these reasons will expire at the end of the 12month period beginning on
the date of such birth or placement.
2. In order to care for an immediate family member (spouse, child, or parent) if that family member has a
serious health condition.
3. An employee's own serious health condition that makes the employee unable to perform the essential
function(s) of his/her position.
B. E/iaibilitv - An employee must have worked for the City for at least twelve (12) months for at least 1250 hours in
the prior twelve (12) months.
C. Intermittent or Reduced Leave - An employee may take FMLA leave on an intermittent (a few days or few
hours at a time) or on a reduced leave schedule as a result of the birth of a child and for the placement of a
child for adoption or foster care if the City and the employee agree to such a schedule or when medically
necessary. Employees are required to schedule intermittent leave that is foreseeable.
D. Part-time emolovees who work variable hours will have the FMLA entitlement calculated on a prorated
basis. A weekly average of the employee's hours worked over the twelve-week period before the
beginning of the family and medical leave will be used for calculating the employee's normal workweek.
E. Definitions
Twelve-Month Period - A rolling twelve-month period measured backward from the date family and medical
leave is first taken. The period continues with each additional family and medical leave day taken.
Spouse - Either member of a legally-married pair. If both spouses work for the City, they are entitled to a
combined total of 12 weeks of leave if the leave is taken for the birth of a child, the placement of a child for
adoption or foster care, or to care for a sick parent. If each spouse uses a portion of the 12 weeks of leave for
the purposes specified above, each would be entitled to the difference between the amount they had taken and
12 weeks of FMLA leave for a different purpose. Example: If each spouse took 6 weeks of leave as a result of
the birth of a child, each could use an additional 6 weeks due to his or her own serious health condition.
Child - A person younger than eighteen (18) years of age, or a person older than eighteen (18) years of age
and incapable of self-care due to a mental or physical disability. An employee's "child" is one for whom the
employee has actual day-to-day responsibility. A "child" includes a biological, adopted, foster, step-child, legal
ward, or a child of a person standing in loco parentis, (in place of a parent).
Serious Health Condition - An illness, injury, impairment, or a physical or mental condition involving inpatient
care or continuing treatment by a health provider. Continuing treatment involves:
1. A period of incapacity of more than three (3) consecutive calendar days (not working days) and subsequent
treatment including either two visits to a health care provider or one visit followed by continuing treatment
under the health care provider's supervision;
2. A period of incapacity due to pregnancy or for prenatal care;
3. Treatment for chronic serious health conditions such as asthma and diabetes which (1) requires periodic
visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision
of a health care provider; (2) continues over an extended period of time (including recurring episodes of a
single underlying condition); and (3) may cause episodic rather than a continuing period of incapacity; and,
4. Treatments for serious conditions such as cancer that may not be incapacitating but without treatments
would result in a period of incapacity of more than three (3) consecutive days.
Health Care Provider - Any health care provider that is recognized by the City or accepted by the City's group
health plan. This may include physicians, dentist, clinical psychologists, optometrists, chiropractors, nurse
practitioners, nurse midwives and clinical social workers.
5-7
"Medically Necessary" Leave - Involves a medical need for leave and that can best treat the need through an
intermittent or reduced leave schedule. The City may request certification from the health care provider of the
employee or family member of the medical necessity of the intermittent leave schedule and expected duration.
F. Notice Reauirements - An employee must provide the City with at least thirty (30) days advance notice before
FMLA leave is to begin, if the leave is foreseeable. Said notice shall be given by completion of a Pre-
Authorization for Leave form. Failure to provide the notice will give the City the right to delay the taking of leave
until at least 30 days after the date the employee provides notice to the City of the need for FMLA leave. If 30
days notice cannot be provided, notice must be given as soon as practicable. Verbal notification should be
provided within 1 to 2 business days when the need for leave becomes known to the employee. Subject to
health care provider approval, when possible, the employee will consult with the City and make a reasonable
effort to schedule the leave so as not to "unduly disrupt the City's operations.
G. Certification Reauirement
1. If the employee's leave is to care for the employee's seriously ill family member (5.9.A.2.), or due to the
employee's own serious health condition, the request must be supported by a certification issued by the
employee's or family member's health care provider. When the leave is foreseeable and a 30 days notice
has been provided, the medical certification should be provided before the leave begins. The City will allow
at least 15 calendar days for the employee to comply with the request for medical certification.
2. Second Opinion - The City may require a 2nd medical opinion (at the City's expense). Pending receipt of
the 2nd opinion, the employee is provisionally granted leave. The City may also request periodic reports
on the employee's status and intent to return to work, or a fitness-for-duty report from the employee's
attending physician advising when the employee can return to work.
3. Third Opinion - If the opinions of the employee's and City's designated health care providers differ, the City
may require a 3rd opinion (at City's expense). The 3rd health care provider will be designated or approved
jointly by the City and employee. The 3rd opinion is final and binding. The City will reimburse an employee
or family member for any reasonable travel expenses incurred to obtain the 2nd and 3rd opinions.
H. Confidentialitv - All documentation related to the employee's or family member's medical condition is held in
strict confidence and maintained in the employee's confidential medical file in the Human Resources Office.
I. Pavment of Grouo Health Premiums - Any portion of group health plan premiums which the employee has paid
before starting an FMLA leave must continue to be paid by the employee during the leave. Any changes to
premium rates and levels of coverage or other conditions of the plan that apply to other active employees also
applies to eligible employees on FMLA leave. Payments for insurance will be deducted through the payroll
process if possible. If payroll deductions are not possible, the employee will be required to remit payment by
the time designated by the City. The City's obligation to maintain group health benefits ends after a premium
payment is more than 30 days late. If coverage should lapse while the employee is on FMLA leave, equivalent
coverage will be restored upon return to work and he/she will not be required to meet any qualification
requirements imposed by the health care plan. If the employee is able, but does not return to work after the
expiration of leave, the employee will be required to reimburse the City for applicable payment of insurance
premium(s) incurred during the FMLA leave.
J. Riahts Uoon Return to Work
1. Early Return - Since an employee may only be required to take FMLA leave for reasons that qualify and
may not be required to take more leave than necessary, the employee may be promptly restored if the
employee requests reinstatement earlier than originally scheduled, but should where foreseeable, give the
City reasonable advance notice, generally at least two working days.
2. Upon the return to work, an employee who has been out on leave due to a serious health condition, must
provide a medical certification release stating the employee can resume work and perform the essential
functions of the position with or without reasonable accommodation(s).
K. Substitution of Paid Leave - An employee must apply all available accrued leave for the period of time in which
the employee is entitled under FMLA. No leave without pay can be taken until all accrued leave is used.
L. Emolovment Protection - Except as otherwise provided by the FMLA, employees returning from FMLA leave
will be restored to the same position held before the leave, or an equivalent position. The City does not
guarantee any position to an employee who does not return to work after the twelve (12) work week Family
Leave period (which includes any PTO, ESL, holiday, or compensatory leave used by the employee while on
Family Leave).
5-8
M. Effect of Family Leaye Uoon 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 Leave - An employee who fails to return from Family Leave will be terminated after three
(3) days of no report. An employee who is unable to return from leave at the time scheduled should contact
Human Resources at least two (2) weeks in advance to request an extension of leave. If an employee fails to
return from leave, the City may recover insurance premiums for any period of time that an employee was on
Family Leave without pay in accordance with FMLA regulations.
5.10. DOMESTIC VIOLENCE LEAVE
A. An employee must have been with the organization for at least twelve (12) months preceding the
commencement of the leave. Upon reasonable advance notice, (except in cases of imminent danger to the
health or safety of an employee), an employee may take up to three (3) working days leave from work in any
12-month period. This leave applies to employees who are victims of the following statutorily-defined events:
· domestic violence or abuse
· stalking
· sexual assault, or
· a crime found by a court on the record to include an act of domestic violence.
B. The employee must use the leave from work to protect himself/herself by:
. seeking domestic violence shelter services, program, or rape crisis center because of domestic violence;
· seeking a civil restraining order to prevent domestic abuse;
. obtaining medical care or mental health counseling for himself or herself or for his/her children to address
physical or psychological injuries resulting from the act of domestic abuse, stalking, sexual assault or other
crime involving domestic violence;
. making his/her home secure from the perpetrator or seeking new housing to escape the perpetrator;
. seeking legal assistance, attending/preparing for court-related events arising from domestic violence acts.
C. Employees need to contact Human Resources to request a Domestic Violence Leave. The following
documentation 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 Personal Time-Off leave or compensatory time for this leave. If the employee
has no paid leave available, he/she may take domestic abuse leave unpaid.
F. The City will make reasonable efforts to maintain the confidentiality of all information related to an employee's
leave pursuant to this policy.
5.11. ON-THE-JOB INJURY LEAVE
An employee injured on the job must report the injury within twenty-four (24) hours and, in conjunction with the
supervisor, determine if immediate medical attention is required. If so determined, the employee shall report to the
appropriate facility and a worker's compensation claim form is initiated immediately.
A. Grantina of Iniurv 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.
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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 PTO leave during the period of
disability due to injury or illness. However, such PTO leave request may require a physician's
documentation and must be approved by the supervisor and Department Director as provided by these
Policies.
b. Any payments received by the employee from Worker's Compensation Fund Insurance for loss of work
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.
8. Limitations of Disabled EmDlovees
1. If the injured employee is unable to return to work at the end of the ninety (90) calendar day period, and an
extension is granted, said employee shall be required to utilize PTO leave. While in a paid status, the
employee will continue to accrue PTO and ESL hours. However, at the end of the ninety (90) calendar day
period or when all accrued leave is exhausted, whichever comes first, and the employee is unable to return
to work, said benefits shall not continue to accrue.
2. If it is determined that an employee is capable of performing limited duties prior to the release to normal
duties, he/she may be assigned duties within the conditions set forth in their physician's certificate, if such
duties are available. The employee must comply with the procedures as stipulated in Section 10.9.
3. Any employee who believes that a health condition has rendered him or her unable to perform the essential
functions of his or her job shall promptly report that condition to his or her supervisor, and request all
specific forms of accommodation that the employee believes will permit him or her to perform those
essential functions.
C. Return to Work
1. Employees able to return to work within the ninety (90) calendar day period of a disability shall be restored
to their former position or to a comparable position at the same rate of pay and benefits. The employee's
seniority date with the City and any benefits that are based upon length of service shall be adjusted to
offset the period of time that Injury Leave was taken without pay. In addition, the next date of performance
appraisal shall be adjusted by the amount of time in accordance with Section 6.7.
2. The employee shall notify the Department Director of an estimated return to work date. In addition, the
employee must provide a written release from the attending medical provider as approved by the Worker's
Compensation Insurance Company. The Department Director is responsible for notifying Human
Resources of the employee's date of return.
D. Termination of Disabled EmDlovees
1. Injury Leave will be terminated when, providing accommodation(s) cannot be made without undue
hardship, one of the following first occurs:
a. When the employee is declared incapable of performing his/her regular duties by a physician; or
b. When a report is issued by a physician finding a permanent disability that disqualifies the employee for
his/her position; or
c. When, after ninety (90) calendar days from the date of injury has lapsed, the Department Director
determines a continued vacancy would adversely impact the department's operation.
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2. At such time the employment relationship is severed, the employee will receive full payment for all
remaining accrued leave as applicable; may, if approved, utilize the City's disability insurance; and, will be
given the opportunity to continue to participate in the group insurance program(s) through COBRA. The
employee may, if approved and accepted, utilize the City's disability insurance and/or Worker's
Compensation provisions.
3. The employee will be placed on the Re-Employment Eligibility List for a period of 12 months. When the
employee is available to work, he/she shall be considered for the first vacancy to a position for which
he/she possesses the qualifications. It will be the responsibility of the employee to contact Human
Resources for consideration of employment.
5.12. DISABILITY LEAVE
A. Grantina of Disabilitv Leave
1. Employees eligible for Disability benefits who, are unable to perform the functions of their job due to a
qualifying non-work related injury or illness, may be granted Disability Leave, for a period typically not to
exceed ninety (90) calendar days, provided the necessity for leave time is verified by a physician, in writing,
a reasonable accommodation cannot be made, and the Department Director determines that an extension
of other leave cannot be provided.
2. An employee on Disability Leave shall be required to utilize all accumulated leave. Should the injurylillness
be such that the employee is unable to return to work after exhausting all accrued leave, said benefits shall
not continue to accrue and the employee will be placed in an unpaid leave status. All leave time utilized
through this policy shall be applied to Family Medical Leave as outlined in Section 5.9.
3. For the duration of the Disability 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 Disability Leave, as long as the employee remains in paid status and provided such continuation is
not prohibited by the group insurance contract. Should the employee revert to an unpaid leave status, the
employee will be required to pay the full costs to include the City's portion and the employee's portion, for
continuation of insurance coverage. This includes all insurance premiums with the exception of disability.
B. Return to Work
1. Employees able to return to work within ninety (90) calendar days of a disability shall be restored to their
former position or to a comparable position at the same rate of pay and benefits. The employee's seniority
date with the City and any benefits that are based upon length of service shall be adjusted to offset the
period of time that Injury Leave was taken without pay. In addition, the next date of performance appraisal
shall be adjusted by the amount of time in accordance with Section 6.7.
2. The employee shall notify the Department Director of an estimated return to work date and provide a
written release from the attending medical provider. The Department Director is responsible for notifying
Human Resources of the employee's date of return.
C. Limitations of Disabled EmDlovees
1. Employees who are unable to return to work after ninety (90) calendar days of a disability will not be
guaranteed reinstatement to their former or comparable position at the same rate of pay.
2. If it is determined that an employee is capable of performing limited duties prior to their release to normal
duties, the employee may be assigned duties within the conditions set forth in the physician's certificate,
subject to the availability of the established duties. A reassignment of duties shall be reviewed and
compensation will be established based on a labor market study of said duties, the employee's experience,
qualifications and longevity.
3. Any employee who believes that a health condition has rendered him/her unable to perform the essential
functions of his or her job shall promptly report that condition to their supervisor, and request all specific
forms of accommodation the employee believes will permit him or her to perform those essential functions.
D. Termination of Disabled EmDlovees
1. Disability Leave will be terminated when, providing reasonable accommodations cannot be made without
undue hardship, one of the following first occurs:
a. When a report is issued by a physician finding a permanent disability that disqualifies the employee for
his or her position; or
b. When the employee is declared capable of performing their regular duties by a physician; or
c. When, after ninety (90) calendar days from the date of injury has lapsed, th~ Department Director
determines a continued vacancy would adversely impact the department's operation.
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2. At such time the employment relationship is severed, the employee will receive full payment for all
remaining applicable accrued leave; may, if approved, utilize the City's disability insurance; and, will be
given the opportunity to continue to participate in the group insurance program(s) through COBRA.
3. The employee will be placed on the Re-Employment Eligibility List for a period of 12 months. When the
employee is available to work, he/she shall be considered for the first vacancy to a position for which
he/she possess the qualifications. It will be the responsibility of the employee to contact Human Resources
for consideration of employment.
5.13. MATERNITY LEAVE OF ABSENCE
Maternity leave is leave granted an employee for the period of disability related to pregnancy and childbirth. The
time taken as maternity leave is considered an off-the-job disability until the employee's physician releases her for
work. Maternity leave provisions are outlined in the Family and Medical Leave Policy. The City will continue its
contribution towards the employee's health care insurance as long as the employee remains in paid status. Should
the employee go on a leave of absence without pay, the employee would be responsible for both the City and
employee's portion of the health care premiums, except if the employee is on Family and Medical Leave in which
case the City will pay its portion of the insurance premium for a maximum of 12 weeks (3 months).
5.14. MILITARY LEAVE
A. Grantina of Militarv Trainina Leave
1. Upon presenting proper military orders for military training, an employee who is a member of the National
Guard, Army, Navy, Marine Corps, Air Force or Coast Guard Reserve 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. Comoutation of Pav - State law requires the payment of full City salary during authorized military training leave
or active military service for a period not to exceed fifteen (15) calendar days in any calendar year. Employees
granted military leave for required training or active service will be entitled to receive both their military pay and
City pay up to fifteen (15) calendar days per calendar year, in accordance with state statutes.
C. Militarv Leave Without Pav Durina War Or Other Emeraencies - 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 Militarv Leave
1. Any employee who enlists, is inducted or is appointed into military service of the United States for initial
period of obligated service, 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 Riahts 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.R.S 28-3-606)
F. Health Insurance - For military leave without pay of longer than ninety (90) calendar days, the employee, if
continuation of coverage is desired, will be responsible for expenses necessary to pay the premi.~ms.
Continuation of coverage at the City's group rate may not exceed eighteen (18) months from the date military
leave begins.
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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.R.S. 28-3-604)
b. The employee is not physically or mentally disabled from performing the duties of such position. The
City will make "reasonable efforts", as long as these efforts do not pose any undue hardships, to
accommodate any service-connected disability.
c. The employee submits an honorable discharge or other form of release by proper authority indicating
that his/her military service was satisfactory.(C.R.S. 28-3-604)
d. The employee requests reinstatement to the appointing authority within ninety days after discharge
from hospitalization or medical treatment which immediately follows the termination of and results from
such service, but such application 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, PTO, ESL, 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 applicable accrued leave and compensatory shall be paid an employee
who has been granted wartime and military leave before placed on leave without pay.
5.15. EDUCATIONAL LEAVE
When recommended by the Department Director and approved by the City Manager, a regular employee may be
granted educational leave without pay for a period not to exceed ninety (90) days. The City Manager 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.
5.16. EXEMPT STATUS LEAVE
A. PURPOSE
FLSA-Exempt employees are not paid overtime or given compensatory time off, however, they may be
authorized time off with pay if unusual demands require excessive hours of work beyond the normal forty (40)
hour workweek. FLSA Exempt employees who do not work beyond the normal forty-hour workweek are not
eligible to take Exempt Status Leave time off.
B. UTILIZATION
1. Exempt Status Leave is not intended to compensate employees on an hour-for-hour basis, for hours
worked in excess of the normal forty-hour workweek, (8 hours extra worked does not equal 8 hours time-
off). FLSA exempt employees are not to track, nor report actual hours worked.
2. Exempt Status Leave may be taken in increments of no less than the number of hours the employee is
normally scheduled to work in one day and requires prior approval of the Department Director, Division
Manager or City Manager, as appropriate, through the completion of the Request for Leave Form.
C. COMPENSATION
1. Exempt Status Leave is limited to a maximum of forty (40) hours per calendar year. When executive,
administrative, and professional employees are hired, they will be limited to ten (10) hours of Exempt
Status Leave for each full quarter of the year remaining in the year in which they were hired.
2. This regulation expressly preCludes any claim for compensation associated with Exempt Status Leave not
taken, as Exempt Status Leave:
. does not accrue;
. cannot be converted to cash;
. cannot be carried over from year to year; and,
. will not be compensated upon employment termination.
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5.17. ADMINISTRATIVE 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 Personal Time-Off leave, 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.
5.18. SUSPENSION OF LEAVES
The City Manager or Department Director reserves the right to postpone all leaves that are not medically required
for employees or recall employees from leave in the event City operations require such action.
5.19. COURT APPEARANCE
A. Jurv Dutv
1. 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. Subooena 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. Subooena 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.
5.20. TIME OFF FOR VOTING
The Department Director may grant up to two (2) hours off with pay, if required, for the purpose of allowing
employees (who are duly qualified and registered) to vote in federal, state, local or special district elections.
Request for such leave shall be made prior to the Election Day. Such absence shall not be charged to Personal
Time-Off leave, holiday, or compensatory leave.
5.21. UNAUTHORIZED LEAVE
Unauthorized leave of absence consists of those workdays, or portions of a workday, when an employee was
scheduled to work but did not actually work or receive authorization for the absence. The employee's pay is
deducted by an amount equivalent to the time the employee was absent during the workday. An unauthorized
leave of absence may be cause for disciplinary action, up to and including termination of employment.
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5.22. LEAVE WITHOUT PAY
A. A leave of absence is not a right, but a privilege. Leaves of absence may be granted without pay in cases of
emergency and/or when a leave of absence would not be contrary to the best interests of the City. A leave of
absence may be granted only upon written request by an employee who presents the reason for the leave.
Written approval will be made according to the following:
1. A request for a leave of absence without pay for one (1) week or less may be granted by the Department
Director, depending on the merit of the individual case.
2. A request for a leave of absence without pay in excess of one (1) week may be granted by a Department
Director with the approval of the City Manager, depending on the merit of the individual case.
B. Leave without Pay shall not be granted until an employee has exhausted all leave 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.
E. During a leave of absence of more than thirty (30) calendar days, benefits (Le., Personal Time-Off leave and
ESL) 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.
5.23. CLOSURE OF CITY FACILITIES
A. The City Manager, at times, will close offices due to inclement weather or other reasons, however, certain
employees may be expected to report to work. During these times, it is the employee's responsibility to call
his/her supervisor and inquire if he/she is expected to work.
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.
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City of Wheat Ridge Personnel Policies
SECTION 6:
COMPENSATION
Section(s) Revised: 6.3.0., 6.7.C.3. ,6.9.A., 6.9.A.1.b., 6.9.A.1.d., 6.9.A.2.b., 6.9.B.
Approved by Council: 11/27106 Effective: 01/01/07
6.1. PAY PRACTICE
It is the City's aspiration to provide compensation for employees that is competitive within an established labor
market, is within the City's ability to pay, and is comparable among positions in the City's Pay and Classification
Plan. Salary ranges for employee classification levels may be published in the City's annual budget.
6.2. PAY ADJUSTMENTS
A. The City Council shall periodically authorize City Administration to undertake a survey of the pay scales of
similar cities within the Denver metropolitan area for the purpose of determining what wages are generally
prevailing in these surveyed cities for similar work performed (without regard to title, but only with regard to
duties and responsibilities attendant to the position surveyed).
8. Salaries shall be annually established by the City Council, in the exercise of its legislative discretion.
6.3. EMPLOYMENT RATE FOR NEW, REHIRED OR REAPPOINTED EMPLOYEES
A. New Emolovees - Normally, new employees will be compensated at the entry level of the pay range assigned
to the class to which they are appointed. However, providing funds are available, new employees may be hired
above the entry level of the range due to unusual qualifications or other unusual conditions. The Human
Resources Manager, at the recommendation of the Department Director, shall determine whether a new
employee's salary shall exceed the entry level of the range.
B. Rehired Emolovees - An employee who is rehired shall be compensated at the entry level unless otherwise
recommended and justified under this Policy. The appointment date and performance appraisal date for a
former employee who is rehired shall be defined as the date of rehire with the City.
C. Re-aooointed Emolovees - An employee so re-appointed is considered a new appointee. The employee has
no vested interest in or is entitled to any benefits accrued during any previous employment with the City, except
retirement system benefits. The re-appointed employee will be subject to the requirements of the proper
retirement system of which the employee was previously an active member.
D. Rescinded Dismissal - The appointment date of an employee who was dismissed for disciplinary reasons and
whose dismissal has been rescinded, shall be the date in effect at the time of separation from employment.
However, accumulation of PTO leave and ESL shall commence with the date of reinstatement, unless
otherwise provided by court order or settlement agreement.
E. Other - When an occupied, unclassified position is brought into the classified service, the salary of the
incumbent shall be established at the closest rate of pay at or above their present salary, except that if the
incumbent's salary exceeds the maximum rate for the class the maximum rate shall be assigned.
6.4. PAY UPON ADDITIONAL RESPONSIBILITIES
A. When an employee is deemed, by the Department Director and Human Resources Manager, to be qualified for
and is assigned the full authority, duties, and responsibilities of a position allocated to a higher classification
that is vacant within the City on an interim basis, that employee will receive a pay rate within the higher salary
range at a salary commensurate with the his/her qualifications as mutually determined by the Department
Director and Human Resources Manager. Such payments shall be made only during the time that the
employee is actually performing the higher level duties and will commence on the day as appointed by the City
Manager. The provisions of this paragraph will not apply when performing the duties of the position allocated to
a higher classification for the purpose of training.
B. With the approval of the City Manager, additional compensation for individuals temporarily performing
additional tasks and/or special assignments may be in the form of lump sum payments with no increase in
benefits.
C. When an employee returns to his or her regular position, he or she shall be paid at a level appropriate for the
regular position.
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6.5. SIMULTANEOUS PERSONNEL ACTIONS
When two or more actions affecting pay occur on the same effective date, the new pay range and rate shall be
computed in the following sequence as applicable:
A. If more than one personnel action occurs on the date an employee' performance increase is effective, the
performance increase, if warranted, shall first be applied before other pay adjustments are made.
B. If the employee is promoted or demoted, the appropriate pay adjustment shall apply along with any pay range
adjustments effective the same date.
6.6. CHANGE IN STATUS
A. Promotion - When an employee receives a promotion and is appointed to fill a higher position, the employee
will receive a salary commensurate with the employee's qualifications as mutually determined by the
Department Director and Human Resources Manager. The employee's promotional pay rate shall be within the
pay range for the position to which he/she has been promoted to and under no circumstances will the pay
amount exceed the new salary range maximum. The performance appraisal period will be the date in which
the promotion becomes effective as determined by the Department Director and approved by the Human
Resources Manager and the employee will be placed in the applicable trial service period. Time worked in an
interim status immediately prior to the promotion may be credited toward the evaluation date.
S. Reclassification
1. Market StUdy - A reclassification established due to a market study of the City's Classification Plan which
determines a position to be improperly compensated shall result in the following:
· The effective date shall be determined by City Council; the performance appraisal date of the employee
affected by such reclassification shall not change; and, the pay rate received shall reflect the length of
time the employee has been in said position if the reclassification results in a higher pay level. If the
reclassification is a downward movement, Section 6.6.(C).2. applies.
2. Organizational Change - A reclassification received due to a change of structure in the organization but
not as a result of an addition to staff shall result in the following:
· The effective date shall be when such change goes into effect as approved by the City Manager. The
performance appraisal date will be affected in accordance with the provisions in this policy. If the
reclassification results in a higher pay level, the pay rate received shall reflect the length of time the
employee has been in said position or a rate closest to the amount the employee is currently earning,
whichever is greater. If the reclassification is a downward movement, Section 6.6.(C).2. applies; if the
result is neither a higher nor lower pay level assignment, Section 6.6.(0) applies.
3. Change in Job Duties and Responsibilities - When the duties and responsibilities of a jOb appear to
have significantly changed, the following may result:
· The effective date and performance appraisal date for this type of reclassification shall be determined
by the Department Director and approved by the City Manager. However, in no case will the
reclassification date be established prior to the last date the employee was scheduled to receive a
performance appraisal. If the reclassification results in a higher pay level, the pay rate received shall
reflect the length of time the employee has been in said position or at a rate closest to the amount the
employee is currently earning, whichever is greater. If the reclassification is a downward movement,
Section 6.6.(C).2 applies; if the result is neither a higher nor lower pay level assignment, Section
6.6.(0) applies.
C. Demotion - An employee may be demoted to a position of lower grade for which he/she is qualified. The
decision to demote and to determine whether an employee is qualified for a lower-grade position resides in the
discretion of the City Manager and the relevant Department Director. All demotions must receive the approval
of the City Manager and Department Director concerned.
1. Disciolinarv reasons - A pay rate within the position's pay range will be determined by the City Manager.
2. Non-disciolinarv 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 Chance - 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.
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E. Reversion of Emolovees in Trial Service Period - When an employee in a trial service period reverts to a class
to which he/she is certified or to another class at the same level, the pay shall be determined as though he/she
had remained in the class to which he/she is certified and the performance appraisal date shall not change.
When a trial service employee is demoted for non-disciplinary reasons or accepts appointment in a lower class,
the pay shall be determined as though he/she were originally appointed in the lower class.
6.7. PERFORMANCE APPRAISALS
A. The City recognizes the importance of accurate employee evaluation. Performance appraisal is designed to
provide two-way communication between the supervisor and the employee and to identify an employee's level
of performance. The City's evaluation process recognizes the importance of developing goals for each
employee in a joint process between the supervisor and the employee.
B. A written performance appraisal will be completed for each employee by the immediate supervisor and
approved by the Department Director in accordance with administrative regulations and at any other time a
supervisor deems appropriate. Increases for satisfactory performance will be awarded in accordance with the
merit system in place.
C. Performance Appraisal Date - An employee's performance appraisal date is established in accordance with the
Performance Review System in force and shall remain at that date until one of the following:
1. Promotion & Demotion - When an employee is promoted to a higher class or demoted to a lower class, the
employee's performance appraisal date shall become the new performance appraisal date.
2. When an employee's position is reclassified, see Section 6.6.8. for the appropriate assignment.
3. The performance appraisal date, regardless of whether the employee maintaining a regular position is in a
non-exempt or exempt status, shall change in the event of extended leaves, regardless of paid or unpaid,
in excess of ninety {90} calendar days, {consecutive}, upon which the total days absent will be added to
their current performance appraisal date, e.g.:
· Employee is out 79 days = evaluation date of June 1 remains unchanged
· Employee is out 105 days = evaluation date of June 1 changes to September 15
4. An employee receiving an Indeterminate or Unacceptable Performance Appraisal or is placed in a Return
to Trial Service status should be re-evaluated at least every thirty {days} days until such time that the
employee meets satisfactory performance or is determined, by the supervisor, unable to meet the
expectations as expressed. This in no way limits the number of documented counseling sessions to be held
during this period. However, this extended review period should not exceed six {6} months. Further
extension must be approved by the Department Director and the employee must be informed of the
extended date, as well as, the reasons for the further extended 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.
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B. The pay increase raises the level of the employee's base salary and shall not, in any case, exceed the
maximum of the salary range for the employee's classification as established in the compensation schedule.
C. Part-time and intermittent employees may be granted pay increases in the same way as regular full-time
employees within the confines of the compensation schedule.
D. Employees not performing acceptable work are not eligible for merit pay increases.
6.9. OVERTIME PAY AND COMPENSATORY TIME
It is the policy of the City to avoid the need for overtime work in order to minimize the financial liability caused by
accumulated overtime. Overtime may be necessary for the protection of the lives or property of the residents of
Wheat Ridge or the efficient operation of City departments. Authorized overtime is to be kept to a minimum.
A. Non-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, dependent on circumstances, payor
compensatory time off.
1. The City compensates FLSA non-exempt employees for authorized overtime as follows:
a. Eligible employees shall be 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 compensated overtime in accordance with FLSA.
b. Compensated days of leave such as ESL, injury, compensatory time, holiday, PTO 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 6.10.
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 5.19.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.
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 PTO
leave. If the employee has no accrued PTO 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 Emolovees - While exempt employees have no entitlement to compensatory time off, they may be
granted Exempt Status Leave as outlined these Policies.
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6.10. INCIDENT RESPONSE PAY - (CALL-BACK & ON-CALL)
A. Certain incidents which may occur throughout an annual period, when determined by the Director of the
responding department, require the work force to change their daily normal working hour schedule to a 24 hour
incident response schedule. In that occurrence, the following "call-back" stipulations shall be enacted:
1. Comoensation - When a non-exempt on-call employee performs work in a call-back status, he/she shall be
compensated at an overtime rate for a minimum of one (1) hour or the actual time worked outside of his/her
daily normal working hour schedule, whichever is greater.
2. Safetv - 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. 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.
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SECTION 8:
City of Wheat Ridge Personnel Policies
EDUCA llONAl PROGRAMS & WORK-RELA lED TRAVEL
Approved by Council: 11/27/06 Effective: 01/01/07
Section(s) Revised: 8.5.
8.1. POLICY STATEMENT
The personal and professional development of employees is vital to the success of each employee and the City.
As such, the City supports and encourages training, self improvement, and personal development programs for all
employees through on-the-job training, educational programs, and certification.
8.2. EDUCATIONAL PROGRAMS AND TUITION REIMBURSEMENT
Planning an employee's individual development or learning plan is the joint responsibility of the employee and
immediate supervisor, and occurs at least annually. All employees and managers are strongly encouraged to take
advantage of advanced educational programs.
A. Training may include demonstrations, reading assignments, lecture courses, workshops, seminars,
teleconferences, or other methods that may be available to improve the effectiveness and broaden the
knowledge of employees.
B. Training is considered directly related to the employee's job if the employee's Department Director and Human
Resources Manager determines it is designed to make the employee handle his/her job more effectively.
Training is not considered directly related if it prepares the employee for another job, provides new or additional
skills for advancement, or when it is not intended to make the employee more efficient in his/her current job,
even though the course incidentally improves skills for performing his/her regular work.
C. It is the responsibility of each department to project the number of employees participating in these programs
within their department.
D. Employees should be aware that, due to budgeting restraints, the City is under no obligation to approve all
employee requests. Funds allocated to departmental budgets for these programs are divided in a fair and
equitable manner.
8.3. TRAINING PROGRAMS ESTABLISHED BY THE CITY
A. Training sessions and courses can be established by the Department Director where the employee would
benefit from such training, or may be provided on a City-wide basis. In cases where City funding is unavailable
or insufficient, or where the training opportunity provides a personal as well as a work-related benefit to the
employee, the employee may be required to share in or pay the entire cost of such training opportunity if he/she
desires to attend.
B. Although operational considerations must be given first priority, supervisors and Department Directors are
encouraged to make reasonable arrangements that will allow employees to attend such training opportunities.
It will be the responsibility of Department Directors to initiate and promote in-service training of employees to
improve the quality of personnel services.
8.4. CONFERENCES, WORKSHOPS, SPECIAL TRAINING COURSES, OR SEMINARS
A. Employees are encouraged to attend professional seminars, conferences, workshops and other special
training, providing such educational opportunities are directly or indirectly related to the employee's
employment and moneys are available in the budget as specified in Section 8.2.
1. When an employee represents the City at the request of his/her Department Director at a seminar, lecture
or training session, all expenses incident to the training shall initially be paid by the City in accordance with
policies. Training expenses are also paid by the City to maintain or improve skills required for the
employee's position, provided all expenses are requested by the Department Director and moneys are
provided in the department budget. All training programs must be approved by the Department Director or
designee in advance. If the cost of the program is in excess of the amount allotted in 8.6.C.2. the
employee may be required to comply with the stipulations as outlined in Personnel Policy 8.6.D.1.b. If the
training session is required of the employee's position and a pass/fail or Grade is issued, reimbursement to
the City of all or a portion of the expenses will be in accordance with Personnel Policy 8.6.C.3.a. through
8.6.C.3.d.
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.
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3. Attendance by covered employees at these seminars, conferences and training classes will not be treated
as hours worked for FLSA purposes if all of the following criteria are met:
a. attendance by the employee is voluntary;
b. the seminar, conference or training is not directly related to the employee's job; and
c. the employee does not perform any productive City work during such attendance.
B. Attendance by covered employees is not considered voluntary if it is required by the City or if the employee is
led to believe that his/her present working conditions or the continuance of their employment would be
adversely affected by non-attendance.
8.5. WORK-RELATED TRAVEL
Employees required to travel on business for the City are paid a sufficient amount to cover expenses accrued in a
reasonable manner. The following guidelines, (8.5.A.1-4), result from FLSA legal interpretations and apply only to
employees in non-exempt positions.
A. Definitions
1. "Routine" Travel Time To and From Work
Travel time to and from work before and after the regular workday is not work time. This is true whether
the employee works at a fixed location or at different job sites.
2. "Extraordinarv" Travel Time To and From Work.
In contrast, if an employee is given a special work assignment, inclusive of reauired 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 p.m. and the employee arrives back in Wheat Ridge at 6:00 p.m. The travel
is not regarded as ordinary home-to-work travel because it is performed for the employer's
benefit and at the employer's special request to meet the needs of the particular and unusual
assignment.
However, not all the travel time involved must be counted as working time. Since, except for the special
assignment, the employee would have had to report to their regular work site, the amount of time it would
take the employee to travel between their home and the normal work site need not be counted as hours
worked.
3. "Extraordinarv" Travellnvolvina Overniaht Travel
a. Required travel that keeps an employee away from home overnight is travel from home and is work
time when it cuts across the employee's workday. The time is not only hours worked if it occurs during
the employee's normal working day and working hours, but also if it occurs during the corresponding
hours on nonworking days. Thus, as an example: employee regularly working Monday through Friday,
from 8:00 a.m. to 5:00 p.m., travel time between 8:00 a.m. - 5:00 p.m. is work time if it occurs on
Saturday and Sunday, as well as, on weekdays.
b. In contrast, time spent in travel away from the home but outside of regular working hours need not be
counted as hours worked if the employee is a passenger, e.g. traveling by airplane, bus, car, or train. If
the employee is a driver of a vehicle, all time spent driving in the vehicle to and from the assignment is
regarded as working hours, except that if public transportation would have required less time, the City
may count as hours worked the less time-consuming method of transportation. 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
8.6. TUITION ASSISTANCE PROGRAM
A. Purpose - The Tuition Assistance Program is to encourage and assist employees to enhance their
effectiveness through education and training, to improve their skills and knowledge, and to improve the ability to
carry out their job duties. The City makes this investment in the employee with the expectation that it will
improve the employee's productivity and the employee is committed to continued employment with the City.
B. Eligibility - In order to be eligible for the reimbursement of tuition, registration, and books for approved courses
taken when the employee is off duty, all of the items listed in the following 1-5 are required:
1. Employees must have completed their Trial Service Period and be certified to their "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 8.6.0 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 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 "0", "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
1. Eligible employees who want to participate in the tuition assistance program must complete and submit for
approval, prior to enrolling in such a program, the following two forms. To the degree possible, the forms
are submitted to the employee's immediate supervisor during the budgeting process.
a. Tuition Assistance Reauest 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. Aareement 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.
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2. The approval or disapproval for tuition reimbursement shall be the decision of the Department Director.
The Department Director will indicate approval or disapproval on the Tuition Assistance Request form with
an explanation for the determination.
3. The Department Director will forward both forms to Human Resources for final review. Human Resources
will verify the forms are complete with all appropriate signatures and required information. Human
Resources will be responsible for returning a copy of the final determination to the appropriate department.
4. It shall be the responsibility of the department to notify the employee as to the approval or disapproval of
tuition reimbursement.
5. Within thirty (30) calendar days after published course completion date, the employee must forward an
approved check request form along with evidence of satisfactory completion of the course(s) and a receipt
for tuition, to the Administrative Services Department for payment.
6. Failure to submit appropriate documents within time limits indicated in this policy may result in denial of
tuition reimbursement for course(s). Reimbursements are contingent upon compliance with requirements
listed in this policy and availability of funds.
E. Limitation on Expenses
1. Books - If the City reimburses the employee for books, the City retains the books for a departmental library
established for employees' use. If the employee wants to keep the books, then the City does not reimburse
the employee for that cost.
2. Workbooks, special assessment fees, or late registration fees will not be considered reimbursable
expenses.
3. If the employee pays for the tuition, registration or books on a credit card or installment plan, no service
fees or financial charges are paid by the City.
4. If an employee receives assistance under federal or state government legislation, or other student aid
programs, for tuition, registration, or books for an approved course, the City pays only the difference, if any,
between the student aid and the actual costs for tuition, registration, and books.
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City of Wheat Ridge Personnel Policies
SECTION 9:
SUBSTANCE ABUSE POLICY
Sections Revised: 9.4.0.4.b., 9.5.0.3., 9.S.C.
Approved by Council: 11/27/06 Effective: 01/01/07
9.1. 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 ("DOr), the Federal Transit Administration (UFTA)", and other relevant
authorities. It also incorporates the City's Drug Free Workplace Policy.
9.2. POLICY
It is the policy of the City of Wheat Ridge that employees and volunteers present themselves for duty, free of the
influence of illegal drugs or other intoxicants. The use, sale, or possession of an illegal drug or alcohol in the work
place may negatively affect the City's efficiency in providing service to its citizens and can have an adverse impact
on how the public perceives the City of Wheat Ridge and its employees.
A. The City intends to follow all applicable laws and regulations, including the Americans With Disabilities Act
(ADA). The City reserves the right to obtain and consider information on an applicant's fitness for a given
position. The information may include but is not limited to the applicant's obedience to law, including the use,
sale, manufacture, transfer, and possession of controlled substances or alcohol.
B. The City is a public entity and wishes to retain the confidence of the public in the services provided by the City's
work force, therefore, the City will not knowingly hire or retain individuals who illegally buy, possess, use or sell
controlled substances.
9.3. DRUG FREE WORKPLACE
A. Policy Statement - The City recognizes that the maintenance of a drug-free workplace is essential to the safety
and welfare of its employees. This policy establishes City programs and practices that promote and support a
drug-free working environment and brings the City into compliance with the Drug-Free Workplace Act of 1988.
The City wishes to educate its employees as to the dangers of drug abuse in the workplace, the City's
commitment to a drug-free workplace, the penalties that may be imposed upon employees for drug violations in
the workplace, and the City's commitment of support for employees undergoing treatment and rehabilitation of
chemical dependencies.
B. Provisions
1. Controlled Substances -
a. The manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol in the
workplace is prohibited, (conduct prohibited in accordance with 9.4.C.).
b. As a condition of employment, all employees must notify their Department Director of any criminal drug
statute conviction for a violation occurring in the workplace no later than five (5) dates after such a
conviction.
2. Prescriotion or Over-the-Counter Drua 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. DruQ Use Awav from the Workolace. - 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. Emolovee 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.
5. Emolovee 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.
9-1
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 9.4.0.
B. 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 property/vehicle 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.
Drues - 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.
Drua Abuse - use of any controlled substance as defined in Colorado Statutes Title 12, and any applicable
amendments thereof, not pursuant to a lawful prescription.
EBT (Evidential Breath Testinq) - 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.
IlIeqal Druq - 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.
Imoairment - 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 Susoicion - based on specific, objective facts derived from the surrounding circumstances from
which it's reasonable to infer that further investigation is warranted.
Substance Abuse Professional (SAP) - may be a licensed physician or licensed or certified psychologist, social
worker, or Employee Assistance Professional with knowledge of and clinical experience in the diagnosis and
treatment of alcohol related disorders; or drug abuse counselors certified by NAADAC Certification
Commission. The SAP is responsible for evaluating employees with positive test results.
9-2
Safety Sensitive Position - If an employee is performing any of these activities with respect to a City vehicle to
which a C.D.L. applies or responsible for operating emergency vehicles, that person is considered to be
performing a safety-sensitive function:
· Any time waiting to be dispatched on a vehicle;
· Any time spent inspecting equipment or inspecting, servicing, or conditioning a vehicle;
. All driving time;
· Any time in a vehicle, other than when resting in its sleeper berth, if any;
· All time spent loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending
a vehicle being loaded or unloaded, being ready to drive a vehicle, or giving or receiving receipts for
shipments loaded or unloaded;
· All time spent by an employee following required procedures after being involved in an accident involving
injury, death or property damage of any kind; and
· All time repairing, obtaining assistance for, or staying by a damaged vehicle.
Substances Releasina Toxic Vaoors - 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.
Workina 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.
Workolace - 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
1. Alcohol Concentration - An employee may not report for or remain on duty while having an alcohol
concentration of 0.04 or greater. Police Officers while on duty but not in uniform, may drink while
performing in authorized undercover operations and/or when serving as the subject of an educational
seminar or class that addresses alcohol use and/or intoxication.
2. Alcohol Possession and On-Duty Use of Alcohol. - An employee may not possess or use alcohol while on-
duty, including while operating a city vehicle or a personal vehicle on behalf of the City, with the exception
of circumstances as described in Section 9.4.C.2.
3. Pre-Dutv 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 Followina 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 Druas - 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 Reauired 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 Drua 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. Tamoerina with a Reauired Test - An employee may not tamper with, adulterate, alter, substitute or
otherwise obstruct any testing process required under this policy.
9. Possession. Transfer. or Sal~ - 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:
1. Post-Hire Offer - A candidate for employment considered to be a prospective appointee, shall be required
to undergo pre-employment drug testing upon a conditional offer of employment and prior to his/her
appointment as a City employee in the position of 1) armed police officer; 2) positions having access to
police property evidence; 3) positions requiring the possession of a Commercial Driver's License or the
operation of Commercial Vehicles as prescribed by state or federal regulations; and, 4) positions which
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.
2. Annual Phvsical Examination - As part of an employee's annual physical examination, if applicable.
3. Promotion or Transfer - Whenever an employee is promoted or transferred to a position identified in
9.4.0.1. unless the employee is already serving in a position as described in 9.4.0.1.
4. Reasonable Susoicion - Any employee shall submit to a drug and/or alcohol test when the City reasonably
suspects that this policy (except the prohibitions against possession, transfer or sale of alcohol) may have
been or are presently being violated. A referral for testing will be based on contemporaneous, articulate
observations. Such referrals will be made by supervisory personnel or designee that have received training
concerning the signs and symptoms of drug and alcohol use, and confirmed by a second trained
supervisor. When reasonable suspicion exists, the affected employee will be questioned and observed. A
decision to request a specimen will be based upon eye-witness reports, facts of the event and observed
physical and behavioral characteristics of the affected employee. The employee will be interviewed in a
private area.
a. Verification - A reasonable suspicion request will be documented in writing with a copy provided to the
affected employee.
b. Relief of Duty - The employee will be placed on paid leave until the results of the drug and/or alcohol
test are complete and verified. If the test results are negative, the employee will be compensated
during the waiting period for all work time lost. If the test results are positive, employees will be allowed
to use PTO, compensatory time, ESL or other paid leaves during the period of absence to eliminate
any loss of income.
c. Transportation Assistance - At least one member of the City management team or designee and/or
Human Resources staff will accompany the employee to the collection site and will provide the
employee with transportation to his/her home after testing is completed. A City vehicle, whenever
possible, should be used for transporting the employee. If the e~ploxer deem~ the employee's
behavior is belligerent and/or the employee refuses and demands to dnve 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
Jess than 0.02 or 24 hours have elapsed following the determination that there is reasonable suspicion
to believe that the employee has violated this policy concerning the use of alcohol.
5. Post Accident - Substance testing is required whenever an employee is involved in an accident while
operating a City of Wheat Ridge vehicle or when operating his/her own vehicle while performing work for
the City of Wheat Ridge which results in: a death; an injury that warrants outside medical attention; and/or
equipment/vehicle is disabled.
a. Testing should occur as soon as possible, but may not exceed eight (8) hours after the accident for
alcohol testing and thirty-two (32) hours after the accident for drug testing.
b. 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 Dutv - Employees who have violated this policy, including those who have tested positive on a
drug or alcohol test, and, who under the discipline policy, are allowed to return to work, must test negative
prior to being released for duty. A return to duty test following alcohol misuse may not exceed an alcohol
concentration of 0.02. If an employee tests positive for drugs or has an alcohol test that indicates a blood
alcohol level of .04 or greater from a random, reasonable suspicion, or post-accident test, or engages in
prohibited conduct as outlined in this Policy, the employee will be immediately removed from duties. The
employee will not be permitted to return to work unless he/she:
a. Has been evaluated by a qualified Substance Abuse Professional; and,
b. Has a verified negative result on a return-to-duty alcohol, (.02) and/or drug test; and,
c. If recommended by a Substance Abuse Professional, has properly followed any rehabilitation
prescribed. Upon completion of a recommended rehabilitation program and successful return to work,
an employee will be subject to follow-up random testing in accordance with 9.4.D.8.
7. Random Basis - As prescribed by City policy for employees performing safety-sensitive functions,
a. Testing must be either just before, just after, or during the safety-sensitive function.
b. Initial rate at testing must be equal to an annual rate of 50% of the employees performing safety-
sensitive functions for drugs and 25% for alcohol. Selection is through a scientifically valid method,
spread reasonably and unpredictably through the year.
8. Follow Uo - 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-Testina - Employees who test positive for drugs may request, at their expense, a second test of the
remaining portion of the split sample within seventy-two (72) hours of notification of a positive test result by
the Medical Review Officer.
E. REFUSAL TO SUBMIT TO A REQUIRED TEST - No employee shall refuse to submit an alcohol or drug test as
directed under this policy. Refusal to submit to a test shall be considered insubordination and shall be deemed
the same as a positive test result. A refusal to submit shall include, but is not limited to:
1. A failure to provide adequate breath for testing without a valid medical explanation after the employee has
received notice of the requirement for breath testing in accordance with the procedures manual;
2. Failure to provide adequate urine for drug testing without a valid medical explanation after the employee
has received notice of the requirement for urine testing in accordance with the procedures manual;
3. Engaging in conduct that obstructs the testing process
F. CONFIDENTIALITY AND RECORD RETENTION - All records related to drug and alcohol testing will be maintained in
a secure location with controlled access. 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 reauest
in writinQ.
9-5
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.
1. Physical examinations and/or tests as described in this policy will be performed by medical personnel
selected by the City of Wheat Ridge.
2. Applicants and/or employees who are required to take the examination(s) as described in this section shall
sign a release and consent form to permit such testing and analysis, and the release of test results to those
individuals involved in the selection and hiring process with a need to know such test results. Refusal or
failure to sign the release and consent form or submit to such testing and analysis, will result:
a. If an applicant - the candidate shall be ineligible and disqualified from City employment opportunity for
six (6) months.
b. If an employee - the employee shall be subject to discipline, up to and including termination from City
employment.
3. With the exception of random testing, an employee will be removed from active duty and be placed on
administrative leave while awaiting the results of the test(s) as described in this policy.
9.6. TRAINING
All City of Wheat Ridge supervisory employees shall receive training to ensure 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. Any employee found to have possessed, used or been under the influence of illegal drugs or alcohol while on
duty shall be subject to disciplinary action, up to and including termination from City employment. All
employees, regardless of disciplinary action taken, will be advised of resources available to the employee in
evaluating or resolving problems associated with drug use or alcohol misuse.
B. A controlled substance in an individual's system, during working hours, if not medically prescribed, of more than
a trace (trace = less than 0.04% for intoxicating beverages) as evidenced by a drug or alcohol test administered
pursuant to a statutory or regulatory requirement or a previously established written drug or alcohol policy of the
employer and conducted by a medical facility or laboratory licensed to conduct such test, may disqualify the
former employee from eligibility for unemployment compensation benefits.
9.8. EMPLOYEE ASSISTANCE PROGRAMNOLUNT ARY REFERRAL
A. The City supports employees who volunteer for treatment of alcohol or drug abuse. Employees are
encouraged to seek treatment voluntarily and to utilize the Employee Assistance Program. Any employee who
comes forth and notifies the City of alcohol or drug abuse problems will be given assistance.
B. Such a program may not interfere with the tests required by these rules. For example, a driver may not identify
himself/herself as unfit to drive after having been notified of a random or reasonable suspicion test and expect
to avoid the consequences for a positive test or a refusal to test. In addition, voluntarily seeking assistance
does not excuse any failure to comply with all of the provisions of this policy or other policies of the City.
C. ESL, PTO, or leave of absence without pay may be granted for treatment and rehabilitation as in other
illnesses. Insurance coverage for treatment will be provided to the extent of individual coverage.
Confidentiality of information will be maintained as much as possible at all times.
9-6
SECTION 10: SAFETY POLICY, EQUIPMENT, ACCIDENTS AND INJURIES
City of Wheat Ridge Personnel Policies
Section(s) Revised: 10.4.A. Approved by Council: 11/27/06 Effective: 01/01/07
10.1. SAFETY STATEMENT
The City of Wheat Ridge aspires to provide every City employee with safe and healthful working conditions, so far
as reasonably possible.
A. All employees have the duty to comply with the City's safety and health standards that are applicable to their
own actions and conduct, and to notify their supervisor of any safety hazards or safety problems.
B. It is the intent of the City to post safety rules and regulations and promote safety through a regular safety
campaign.
C. It is the responsibility of each employee to assist management to follow the intent of this rule. To this end,
employees are expected to accept their own responsibilities for safe conduct, maintain safe conditions with
orderly housekeeping, report unsafe conditions they cannot correct themselves, use tools and equipment
properly, maintain tools and equipment in good condition and report defects as needed, and apply the safety
practices and procedures in which they have been taught.
D. Employees are required to report all injuries to their supervisors promptly as described in Section 10.7. Failure
to do so may cause loss under the Worker's Compensation Act, and result in disciplinary action up to and
including dismissal.
10.2. REQUIRED DRIVER'S LICENSES
A. It is the City of Wheat Ridge's policy and requirement for employment that every employee position with driving
duties requires a motor vehicle record (MVR) meeting the grading requirements outlined below. This MVR
policy applies both to drivers of company owned vehicles, as well as, employees using personal vehicles in the
course of company business.
B. MVRs, on persons whose position requires a driver's license, will be examined prior to the start of employment
and at least annually thereafter. Said applicant/employee will be required to sign a release form each time a
driving history is requested. For a position with driving duties, any job offers or for continued employment shall
be contingent upon an MVR meeting the required standards as outlined below:
1. All operators must have a valid driver's license for at least three (3) years.
2. In the past three (3) year period, driving records must contain no major violations and no suspensions for
moving violations. All MVRs will be reviewed to complete the three (3) year driving history and the
conviction date will be used to determine if the violation or suspension is in the three (3) year period.
MOTOR VEHICLE GRADING CRITERIA (last 3 years)
Number of
MINOR Violations
o
o Clear
1 Acceptable
2 Acceptable
3 Borderline
4 Poor
Any MAJOR Violation Poor
I Minor Violation:
Any minor violation other than a major except:
· Speeding (20 mph or less over posted - some ·
~a~sare1~ ·
· Motor vehicle equipment, load or size.
requirement ·
· Improper failure to display license plates ·
· Failure to sign or display registration ·
· Failure to have driver's license in possession
(if valid license exists)
Number of at-fault accidents
1 2
Acceptable Borderline
Acceptable Borderline
Borderline Poor
Poor Poor
Poor Poor
Poor Poor
3
Poor
Poor
Poor
Poor
Poor
Poor
Major Violations
Driving under influence of alcohol/drugs
Failure to stop/report an accident
Reckless driving/speeding contest
Driving while impaired
Mailing a false accident report
Homicide, manslaughter or assault arising out of the
use of a vehicle
· Driving while license is suspended/revoked
· Careless driving
· Attempting to elude a police officer
10-1
3. In reference to the table above, no new driver will be hired with a "borderline" or "poor" MVR as minimum
requirements; and for continued employment in positions with driving duties, driving records must remain
"acceptable" or "clear," as outlined in the chart.
C. These standards must be maintained to drive on City business. Any exceptions to these guidelines must be
referred to senior management for written approval. The auto insurance carrier will be consulted on any/all
MVRs not meeting the minimum criteria.
D. If moving from another State, a current Colorado license is required within thirty (30) days of hire.
E. Suspension, revocation, denial, or cancellation of license - In such circumstances, it is the responsibility of all
employees, required by the nature of their position to possess a valid motor vehicle operator's license, including
a Commercial Driver's License (C.D.L.), to notify their supervisor and Human Resources immediately upon the
disqualification from driving. The employee must refrain from operating a City vehicle under these
circumstances. Any deviation from this policy may result in discipline up to and including dismissal.
1. Immediately upon notification of the suspension, revocation, cancellation, denial of an employee's license
or other disqualification, the employee shall be prohibited by the supervisor from driving or operating any
City vehicle or equipment that requires the possession of a valid driver's license.
2. The supervisor, Department Director and the Human Resources Manager will examine the alternatives
available for the re-assignment of the employee to an available vacant position not requiring a driver's
license for which the employee is qualified.
a. Should such a vacancy exist for which the employee is qualified, the employee may be offered the
opportunity to transfer to the position at a rate of pay commensurate with the pay range of the other
position classification but not necessarily at the same rate of pay the employee had attained in the
previous position.
b. Except as provided to the contrary by the ADA, if there are no such other vacant positions available, or
if the only available positions require the possession of a valid driver's license, the employee shall be
terminated from employment.
3. If an employee has his/her driver's license privileges restored, and is currently employed by the City, the
employee may be returned to his/her former position if a vacancy exists. If no vacancy exists when the
employee's license is restored, the employee may reapply for the position previously held when the next
available vacancy occurs. However, the employee is required to compete with any other applicants for the
vacant position as described in Section 2 of these Policies and to undergo any testing as required by the
selection procedures and requirements.
10.3. USE OF CITY VEHICLES AND PROPERTY
A. Operation of a City-owned vehicle is restricted to official City business or City-authorized activities and
functions and operation of said vehicle is restricted to City employees.
B. Other City property shall not be used for private purposes without pre-authorization from the Department
Director. No City employee shall use or permit the use of City vehicles for any private purposes unless
specifically authorized, in writing, by the City Manager.
10.4. USE OF PRIVATE VEHICLES
A. An employee who is authorized by the City Manager, Department Director, or supervisor to operate a private
vehicle on official City business shall be reimbursed for mileage for such usage at a rate prescribed by the
Deputy City Manager.
B. If an employee becomes involved in an accident while operating his/her personal vehicle on City business, the
employee's personal auto insurance coverage is the primary policy.
C. Traffic citations and parking tickets received while operating a vehicle on City business are the responsibility of
the employee.
10-2
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:
1. Notify and report the accident to the appropriate law enforcement officials.
2. Report the accident to his/her immediate supervisor as soon as possible, but no later than the next
calendar day after the accident.
3. Refrain from any discussion of the accident with anyone other than the representatives of the employee's
own insurance company, (if personal vehicle is involved), the law enforcement, his/her supervisor,
Department Director, and the person(s) responsible for the City's risk management.
4. The employee, (or supervisor if employee is unable), shall file a Police Report as soon as is reasonably
possible and not later than twenty-four (24) hours following the accident if it results in a personal injury,
other than self, or damage to a City vehicle, equipment or property. In addition, documentation outlining
the event, date, time, and names and addresses of all involved may be required to be submitted to the
Administrative Services Department. Forms for completion may be obtained from the Department Director.
5. The employee, (or supervisor if employee is unable), shall follow procedures as outlined if a work-related
injury is sustained as a result of an accident.
B. The City reserves the right to impose discipline and/or corrective action upon employees involved in incidents
that result in property damage or personal injury. The City also reserves the right to seek recovery from such
employees, any damages permitted by law relating to such losses.
C. An employee will be required to take a drug and/or alcohol test in cases of death; an injury that warrants
outside medical attention; and/or equipment/vehicle is disabled as a result of an accident, (refer to Section
9.4.0.5.).
10.6. REPORTING OF WORK-RELATED INJURIES AND ILLNESSES
The following procedures shall be followed to report work related injuries and illnesses. Failure to report an injury
or illness as required by these procedures may result in loss of a day's compensation for each day's failure to
report. Further, the employee's failure to report may result in the reduction or loss of worker's compensation
benefits from the provider.
1. Employees are required to report work-related injuries and illnesses to their supervisor as soon as possible
and not later than twenty-four (24) hours after an occurrence or knowledge of an occurrence. If the
employee's condition does not permit this reporting, the supervisor shall be responsible for reporting as
required by this section.
2. Employees who are injured on the job must report to the City-designated medical facility as described in
Section 10.8. of these Policies.
3. Upon reporting an injury, whether medical attention is required or not, the employee and supervisor shall
complete the "Employer's First Report of Injury" form provided by Human Resources. The form must be
reviewed and signed by the employee's supervisor and Department Director.
4. The appropriate copies of the First Report of Injury shall be forwarded to Human Resources within forty-
eight (48) hours of the reported injury or illness. A "Supervisor's Statement" must be submitted with an
evaluation statement from the medical facility, if medical attention was rendered. Medical bills cannot be
paid until receipt of this report.
5. Employees should forward all bills relating to the injury to Human Resources for processing and payment.
10.7. CITY-DESIGNATED MEDICAL FACILITY
A. Employees must receive any necessary medical care for work-related injuries and illnesses from City-
designated health care providers or facilities. Information for specific designated facility should be available at
your work facility. For questions, contact Human Resources.
B. In life-threatening emergencies or if the designated facility is closed, employees may receive care at the
nearest emergency medical care facility as directed by attending medical personnel.
C. Failure to use the City's designated medical provider, with the exception of 10.8.(B)., may result in a reduction
or loss of City injury leave benefits and/or worker's compensation benefits from the provider.
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10,8, ALTERNATIVE DUTY
A. It is the City's policy to return employees to an active work status as soon as medically possible following an
injury or illness. Human Resources is responsible for coordinating an employee's return to work.
B. Employees who are on injury leave or sick leave are required to maintain contact with their supervisor and
provide medical information as requested by Human Resources so that an evaluation of their fitness for duty
can be made. An employee's failure to maintain contact, provide requested medical information or submit to an
examination by a City-selected physician, if requested, may result in disciplinary action up to and including
dismissal. Exceptions to this policy may be made when an employee is unable to communicate due to the
nature of the injury/illness. For Injury Leave benefits, see Section 5 of these Policies.
C. Human Resources, in conjunction with the Department Director, the employee's and/or the City's physician
shall make a recommendation regarding the employee's fitness to return to regular duty. If the employee is
unable to perform the essential functions of his/her regular position, but is qualified to perform other work, the
Human Resources Manager may recommend alternative duty or make reasonable accommodations.
1. A temporary alternative duty assignment will be made within the employee's regular department if such
work is available as determined and approved by the Department Director. If such work is not available,
the employee may be assigned work in another department.
2. A reassignment of duties shall be reviewed and compensation will be established based on a labor market
study of said duties, the employee's experience and longevity, as well as, the circumstances of the
reassignment.
D. Once it is determined that the employee is capable of performing in a temporary alternative duty capacity and
such work is available, the employee shall not be eligible to receive injury or sick leave beyond the date of the
determination.
E. Temporary alternative duty assignments, if available, may last up to ninety (90) calendar days. Prior to or
concurrent with the 90th day of alternative duty, a recommendation will be made by Human Resources after
consultation with the appropriate Department Director(s) and physician(s) regarding the employee's future work
status. Alternatives available to the City may include, but are not limited to:
1. Placing the employee in a disability retirement status;
2. Continuing the alternative duty assignment for a specified time;
3. Returning the employee to his/her regular work assignment with or without reasonable accommodation(s);
4. Transferring the employee to some other position in the City for which he/she is medically and
occupationally qualified; or
5. Terminating the employee from employment.
10.9. SAFETY EQUIPMENT
The City will provide safety equipment, as it deems necessary and appropriate, to employees whose positions
require such safety equipment and may make its use mandatory in certain situations. Employees are required to
report to their supervisor, at the earliest opportunity possible, any unsafe working condition that comes to their
attention. Any failure to do so may result in discipline up to and including dismissal.
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SECTION 11:
City of Wheat Ridge Personnel Policies
DISCIPLINARY/CORRECTIVE ACTION AND APPEAL PROCEDURE
Section(s) Revised: 11.4A4.b., 11.4A6., 11.8.0.2.
Approved by Council: 11/27/06 Effective 01101/07
11.1. DISCIPLINE OR CORRECTIVE ACTION
The City expects all employees to perform their job duties to the highest professional and business standards at all
times. Whether or not an employee's performance, conduct or behavior warrants disciplinary or corrective action is
within the judgment and discretion of the City, as is the appropriate type of discipline or corrective in a particular
instance. The City does not intend by this Policy to create any expectation that any employee will be assured of any
particular form of action, such as warning or notice, or progressive discipline, prior to dismissal. The City therefore
reserves the right, in all instances, to review each situation independently and make a decision on what it deems to
be appropriate action in all cases, up to and including discharge. Action taken by management in an individual
case should not be assumed to establish a precedent in other circumstances.
11.2. APPLICATION OF DISCIPLINE/CORRECTIVE ACTION
The Disciplinary/Corrective Action and Appeal Procedure applies to all classified employees and does not include:
the City Manager, Elected Officials, temporary, seasonal, volunteer, Federal/State or specially funded intern
employees, employees in a trial service status or as otherwise specified herein.
11.3. DEFINITIONS
A. Disciplinary Authority - shall be the City Manager or his/her designee, Department Directors, Human
Resources Manager, Division Managers, and Supervisors, within the limits of authority as set forth in 11.7.
B. Disciplinary Action - refers to action taken by the disciplinary authority against an employee for cause,
including, but not limited to, reprimand, suspension, demotion, or discharge.
C. Corrective Action - refers to action taken by the disciplinary authority against an employee for cause, including,
but not limited to training, re-training, or return to trial service.
D. Business Day - for the purposes of this Policy, a time period of 8:00 am to 5:00 pm on a day of the week
except Saturday or Sunday or City recognized holiday.
E. Workday - An employee's scheduled daily hours of employment.
11.4. TYPES OF DISCIPLINE OR CORRECTIVE ACTION
A. Consistent with the type and severity of reasons or grounds for disciplinary and/or corrective action, the
disciplinary authority, to include the City Manager, Department Directors, Division Managers, and Supervisors
may take the following actions or any other appropriate action affecting current pay, status, or terms of
employment:
1. Verbal Reorimand: Initial action may consist of the supervisor verbally warning the employee concerning
his/her work performance and counseling the employee on how to improve. A record of this discussion is
made by the supervisor and placed in the departmental employee's personnel record, (not the employee's
Personnel file as maintained in Human Resources).
2. Reorimand - 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. Return to Trial Service Period: Generally deemed as a corrective action, if an employee's performance is
failing and he/she is not meeting the expectations of the department, the employee's supervisor, with the
approval of the Department Director, may place the employee, regardless of their status, on a Return to
Trial Service status. During this period, the employee does not accrue time for compensation review or
promotion; is not allowed to compete in promotional examinations or recruitment; and may be denied
movement through the pay plan until improvement is shown. This action places the employee in a review
status, for a period of not less than three (3) months and should not exceed six (6) months duration. The
employee should be, reviewed at least every thirty (30) days. If the supervisor determines further extension
is appropriate, approval must be received by the Department Director and the employee must be informed
of the extended date, as well as, the reasons for the further extended review period. An employee placed
on Return to Trial Service may be discharged for failure to meet performance requirements.
4. Susoension: A disciplinary authority may suspend an employee from employment, with or without pay.
a. Exempt employees may be suspended without pay for one (1) or more days in accordance with
applicable law. A suspension without pay shall not exceed sixty (60) workdays.
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b. A disciplinary authority may need to temporarily remove an employee from the work place promptly
because of a possibility of violence, disruption or work, insubordination, damage to property or persons
of if the employee is under the apparent influence of intoxicants or drugs or for any other reason which
requires prompt removal. The employee is placed on leave with pay, referred to as Administrative
Leave as outlined in Section 5.17. Such action may be imposed by the City Manager, Department
Director, Division Manager or Supervisor.
5. Demotion: A disciplinary demotion results in an employee's change in status to a lower pay step in the
same classification or to a position in a different classification with less responsible duties, lower
qualifications, and a lower maximum rate of pay. No employee is demoted to a classification for which the
employee does not possess the minimum qualifications.
6. DismissallDischaroe: A dismissal/discharge is a permanent separation from employment with the City. An
employee who has been discharged from City service is paid his/her compensation accumulated to the
effective separation date, any accumulated compensatory time and accrued PTO leave in accordance with
Section 5.6.B.5. If an employee receives a dismissal/discharge from employment with the City as a
disciplinary action, he/she will not be eligible for rehire.
7. Other: Actions which may be appropriate from time to time may include mandatory training, re-training or
other corrective measures.
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 11.9:
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. 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, Gob
abandonment results when an employee does not show up for work and/or does not provide reasonable
communication before his/her scheduled work shift);
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4. Failure to maintain specified departmental or other physical fitness levels;
5. 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;
6. Entry of a plea of guilty or nolocontendere or entry into a deferred judgment and sentence or conviction for
a felony, a crime of moral turpitude, or any other crime which involves the abuse of public office; or
consistent with the terms of Section 24- 34-402.5, C.R.S.;
7. Any employment, activity, or enterprise which involves the use for private gain of the City's time, facilities,
equipment, supplies, prestige, influence, badge, uniform, or privileged or confidential information, (See
Section 4.4 for prior approval stipulation);
8. Falsification or material omission in the application process for employment, or falsification or material
omission of any City-related record;
9. Use of undue influence to gain, or attempt to gain, promotion, leave, favorable assignment or other
individual benefit or advantage;
10. Failure to notify the supervisor of traffic violations or change(s) in driver's license status when it is required
as an essential function of the employee's job;
11. Discourteous behavior or treatment of 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 or anti-discrimination law and/or City Policy 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.
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11.7. AUTHORITY TO TAKE DISCIPLINARY AND/OR CORRECTIVE ACTION
The City Manager or designee, Department Directors, Division Managers, and Supervisors may take disciplinary
and/or corrective action against an employee under their control for one or more of the reasons or grounds for
discipline and/or corrective action specified above in Section 11.6, or for such other causes as may be deemed
necessary in the given situation.
A. Suoervisors shall have the authority to give an official reprimand to an employee under their supervision and
relieve an employee of his/her duties in an emergency situation, pending further action by a higher level of
authority. Certain supervisors, upon approval by their Department Director, may suspend, with or without pay,
for one (1) day. A supervisor may recommend a Return to Trial Service, suspension, demotion, or discharge
against an employee under their supervision to their next chain of command.
B. Division Manaaers shall have the authority to reprimand and suspend, with or without pay, for up to two (2)
working days. A Division Manager may recommend a Return to Trial Service, suspension of more than two (2)
days, demotion, or discharge to his/her Department Director.
C. Human Resources Manaaer shall have the authority to make recommendations of any type of disciplinary
and/or corrective action to the Department Director in cases of discrimination, harassment, and/or workplace
violence claims.
D. Deoartment Directors shall have the authority to reprimand, discharge, demote, suspend with or without pay,
and place an employee on a Return to Trial Service period. All disciplinary and/or corrective actions may be
altered at the discretion of the Department Director and/or designee.
11.8. DISCIPLINARY OR CORRECTIVE ACTION PROCEDURE
A. Return to Trial Service - A disciplinary authority may, after receiving the approval of the Department Director,
place the employee on a Return to Trial Service status. The disciplinary authority shall meet with the employee
to discuss the reasons for this action; areas of concern and unacceptable performance levels; and, provide
them with an outline of expected behavior/performance, performance standards, training and/or re-training
plan, established timelines to review progress, and whatever deadlines the employee must meet. At the end of
the initial deadline, if the supervisor determines further extension is appropriate, approval must be received by
the Department Director and the employee must be informed of the extended date, as well as, the reasons for
the further extended review period. All material pertaining to a Return to Trial Service action will be forwarded
to Human Resources to be placed in the employee's personnel file; and the employee for their reference and/or
response. The employee may not appeal this action, however, may make a written response that will also be
kept in their personnel file,
B. Reorimand - A disciplinary authority may reprimand an employee orally or in writing. Oral reprimands should
be appropriately documented. For written reprimands, a copy of the reprimand shall become a permanent
record in the employee's Personnel file. The employee shall be provided a copy of any written reprimand and
shall be permitted to make a written response which shall also be kept in the employee's personnel file.
C. Susoensions for two (2) work davs or less for disciplinary reasons, (not to include temporary or immediate
suspension) - Prior to imposing the suspension, the disciplinary authority shall meet with the employee to
discuss the matter and any proposed action. If the discussion to suspend is made by a disciplinary authority
other than the Department Director, the employee may request a review of the action by the Department
Director. The decision of the Department Director shall be final.
D. Susoension. Demotion and Discharae. - 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.
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2. Within seven (7) business days of receipt of the recommendation, the Department Director shall conduct
whatever review he/she considers necessary and appropriate. In the event he/she determines that
disciplinary action may be appropriate based on his/her review, or if the Department Director is the initial
disciplinary authority, the Department Director shall notify the employee in writing that he/she is considering
disciplinary action and state the reasons therefore. This written notification, titled Notice of Consideration
of Disciplinary Action, shall 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.
3. Within seven (7) business days of the employee's receipt of the written notification, the Department
Director shall meet with the employee and review any written response submitted by the employee, and
shall give consideration to the oral and/or written responses. The employee is not entitled to any
representation, including legal counsel, at this meeting. At the Department Director's discretion,
Supervisors will be present. Thereafter, and within seven (7) business days, the Department Director shall
determine what disciplinary action, if any, shall be taken. In the event disciplinary action is taken, the
Department Director shall issue a memo titled, Notice of Discharge or Demotion or Suspension of More
Than Two Days, including a statement of reasons therefore and the effective date of the action. If a
temporary and immediate suspension was previously imposed, the Department Director may convert it to a
suspension without pay for non-exempt employees as part or all of the disciplinary action. If the
disciplinary action is discharge, demotion or suspension of more than two (2) days, the notice of
disciplinary action shall advise the employee of his/her appeal rights. The disciplinary action shall be
effective as stated in the notice of disciplinary action without regard to any subsequent appeal.
E. Time Limits - Should the administration herein defined as supervisory and management personnel need
additional time to complete the review in order to determine disciplinary action, the Department Director shall
submit to the City Manager a written request for an extension of time.
11.9. APPEALS
A. Employees, except those identified in 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.
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.
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City of Wheat Ridge Personnel Policies
SECTION 12: DEPARTURES FROM EMPLOYMENT
Section(s) Revised: 12.4.E. Approved by Council: 11/27/06 Effective: 01/01/07
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.
12.4. 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.
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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 PTO or ESL 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, to the extent allowed by law, 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
12.10,
OPTIONAL CONTINUATION OF MEDICAUDENTAL COVERAGE
In compliance with the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), the City allows
individuals covered under the dental and/or medical plans to elect continuation of their coverage in the event they
become ineligible for regular City health care coverage. Additional information is available through the Human
Resources Office.
A. Coverage may be continued, at full cost to the individual, for up to 18 months if the individual becomes ineligible
due to one of the events listed below.
1. Layoff;
2. Reduction in scheduled work hours;
3. Voluntary termination of employment with the City;
4. Dismissal from the City's employ, (other than for gross misconduct);
5. In the event a covered individual is totally disabled as defined by the Social Security Act at the time of the
qualifying event, continuation coverage may be extended to twenty-nine (29) months total. To qualify, the
City must receive notice of the disability within the initial eighteen (18) month period.
B. Dependents may continue their coverage at full cost for up to thirty-six (36) months upon the occurrence of the
following qualifying events:
1. Death of the City employee under whose health/dental plan the dependent is covered;
2. Divorce or legal separation from the City employee under whose health/dental plan the dependent is
covered;
3. Ineligible due to age or marriage.
4. Employee becomes eligible for Medicare benefits.
C. The employee must notify the City within sixty (60) days of a qualifying event.
D. The City will notify the affected individual(s) of their right to continue coverage within forty-five (45) days of the
occurrence of the event (or notification thereof).
E. To continue coverage, the individual must apply in writing within sixty (60) days of the later of:
1. The date the coverage ends, or
2. The date notification of the right to continue was received.
F. In order to continue coverage, affected individuals must pay the total premium as determined by Human
Resources. This premium must be paid within forty-five (45) days after the date the continued coverage is
elected. Subsequent premiums must be submitted to the City's Human Resources Office by the 15th of the
month prior to the month of coverage. As required by law, the City allows a grace period of thirty (30) days after
the due date.
G. The continued coverage will begin on the day after the date coverage would have ended. It will end when the
first of the following events occur:
1. The plan terminates;
2. The period allowed for continued coverage ends;
3. The period for which premiums were paid ends; or
4. The date the individual(s) become covered, as an employee(s) or dependent(s) under another group plan
unless the plan contains an exclusion or limitation with respect to any pre-existing condition of the covered
individual(s).
12-3
City of Wheat Ridge Personnel Policies
SECTION 15:
ANTI-HARASSMENT AND WORKPLACE VIOLENCE
Section(s) Revised: 15.1.C.2. & 3, 15.1.E., 15.2.B.
Approved by Council: 11/27/06 Effective 01101/07
15.1. PROHIBITING HARASSMENT
A. Purpose
It is the aspiration of this City to provide a working environment free from harassment of its employees based
on race, color, religion, gender, national origin, age, disability, veteran or marital status, in compliance with the
applicable law. All employees are expected to avoid any behavior or conduct toward any other employee that
constitutes harassment. Harassment is extremely serious misconduct and may result in discipline, up to and
including dismissal. Harassment may also subject the harasser to personal, legal and financial liability.
Harassment of employees by non-employees is also prohibited.
B. Defined
1. Harassment - May take many forms. It includes slurs, comments, jokes, innuendoes, unwelcome
compliments and advances, cartoons, pranks, and/or other verbal or physical contact that does any of the
following:
a. Has the purpose or effect (intended or unintended) of creating an intimidating, hostile, or offensive
working environment;
b. Has the purpose or effect of unreasonably interfering with an employee's work performance; or
c. Other wise adversely affects an employee's employment opportunities.
2. Sexual Harassment - Occurs when the verbal and physical conduct described above are sexual in nature
or directed at a person because of his or her gender. Sexual harassment exists in the workplace in the
following situations, although it is not limited to these situations:
a. When submission to the conduct is, either explicitly or implicitly, a term or condition of employment;
b. When submission to, or rejection of, the conduct is used as a basis of an employment decision
affecting an employee;
c. When the conduct unreasonably interferes with an employee's job performance;
d. When the conduct creates a work environment that is intimidating, hostile, or offensive.
C. Reporting Procedure
1. An employee who feels they or other employees have been subjected to harassment of any kind, are
encouraged to immediately identify the offensive behavior to the harasser and request that it stop. This
includes actions by other City staff members, members of the public, customers, suppliers, or other
persons encountered at work.
2. If the employee is uncomfortable in addressing, the matter directly with the harasser, or if the harasser is
confronted and does not stop the behavior, then the matter should immediately be reported to a staff
member of the Human Resources Office, his/her Department Director, or the Deputy City Manager,
regardless of the time of the occurrence. The matter should be reported regardless of whether or not the
harasser has been confronted.
3. All alleged incident of harassment must be referred to Human Resources for investigation. This notification
should be no later than the first regular business day following the complaint. If any staff member of the
Human Resources Office is the subject of the complaint, the matter should be referred to the City Manager
for investigation.
D. Investigation Process - All complaints are promptly investigated. Investigations include interviews with the
individuals involved and any witnesses who are available. To the extent possible, any investigation will be
handled in confidence. However, the City cannot promise anonymity to persons who report harassment.
E. Retaliation - The City will not tolerate retaliation against any individual who brings a harassment complaint in
good faith. An employee who believes he/she has been retaliated against shall advise Human Resources.
Human Resources shall take appropriate action to investigate and address complaints of retaliation.
15-1
F. Corrective Action - The City will take appropriate corrective action, including disciplinary measures when
justified, to remedy all violations of this policy. Disciplinary measures may include dismissal from City service.
G. Employees have the right to file charges concerning certain forms of harassment, including sexual and racial
harassment, with the Equal Employment Opportunity Commission, (federal agency). Fair Employment
Practices Agency, (state or local agency) and the Colorado Civil Rights Division, (state agency).
15.2. WORKPLACE VIOLENCE
A. Purpose
Because all employees have the right to work in a pleasant and non-intimidating environment, the City of
Wheat Ridge prohibits workplace intimidation, threats, or violent acts. This includes, but is not limited to:
. Intimidating, threatening or hostile behaviors;
· Physical/verbal abuse;
· Vandalism, arson;
Sabotage;
· Use of weapons;
. Carrying weapons onto our premises (this policy excludes law enforcement officials authorized to carry
weapons);
. Offensive comments regarding violent events and/or behavior; or,
. Any other act, which in management's opinion is inappropriate to the workplace.
B. Reporting Procedure - Any behavior listed above should be immediately reported to Human Resources.
C. Investigation Process
1. Complaints will receive immediate attention, and the situation will be investigated. Based on the results of
the inquiry, action will be taken which management believes is appropriate. Employees should directly
contact law enforcement personnel if they believe there is an imminent threat to the safety and health of
employees or property.
2. If there is a reasonable suspicion that an employee has engaged in conduct listed in this Policy,
management reserves the right to conduct, without notice, searches and inspections of employees,
employees' personal belongings or employer-provided materials/equipment.
15-2
INTRODUCTION
DEFINITIONS
SECTION 1
1.1.
1.2.
1.3.
1.4.
1.5.
1.6.
1.7.
1.8.
1.9.
1.10.
1.11.
1.12.
1.13.
SECTION 2
2.1.
2.2.
2.3.
2.4.
2.5.
2.6.
2.7.
2.8.
2.9.
City of Wheat Ridge
PERSONNEL POLICIES
TABLE OF CONTENTS
...... ... ... ...... ...... ... ...... ...... ... ...... ...... ... ...... ...... ... ... ...
01-08
GENERAL PROVISIONS
Purpose... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....
Scope of Application... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
Persons Covered.................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1-1
1-1
1-1
Authority of City Manager... ... ... ... ... ...... ... ...... ... ... ... ...... ......... 1-1
Administration of Policies and Procedures........................... ..... 1-1
Amendment and Revision... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 1-1
Administrative Guidelines and Regulations......... ......... ...... ....... 1-1
Equal Opportunity Policy... . .. .. . . . . .. . . .. . . . . .. . . . .. . . . . . . . .. . . . . .. . ... . .. .. . 1-2
Employee Committees... ... ... ... ... ... ... ...... ... ... ...... ... ... ...... ... ... 1-2
Privileges Reserved... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 1-2
Compliance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ... ... ... ...... 1-2
Severability... ... ... ... ...... ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... 1-2
Defense and Indemnification of Public Employees..................... 1-3
RECRUITMENT, SELECTION, EMPLOYMENT
Purpose... ... .,. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 2-1
Citizenship.. . ... ... .. . . .. .. . .. . ... ... .. . .. . .. . .. . . .. ... .. . ... .. . . .. .. . ... .. . ... . .. . 2-1
Nepotism... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... 2-1
Method of Filling Vacancies... ... ............ ..................... ............ 2-1
Application............................................. ............................ 2-1
Selection Process................................. ........................... ... 2-1
Ineligibility or Disqualification........................... ...................... 2-2
Employment Lists... ... ... ... ... ... ... ... ... ... ... ... ... .., ... ... ... .,. ... ... .... 2-2
Classes of Appointments... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2-3
Temporary Appointment...... . . . . .. .. . . .. . . . . .. ....... . .. . .. . . . . . . .. .. . . .. . . . .. 2-3
Temporary Re-Assignment..... ... ... ... ... ... ... ... ...... .... ... ... ... ... ..... 2-3
Reappointment. . . .. .. . .. .. . .. . . . . . .. .. . . .. . .. . .. . .. .. . . .. .. . ... .. . . . . ... .. . . . . . . . 2-3
Transfer.... ... ... ... ... ... ... ... ... ... ... ... ... ,.. ... ... ... ... ... ... ... .., ... ... ... 2-3
Promotion... .,. .... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 2-3
Demotion... ... ... ... ... ... ... ... ... .,. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2-3
2.10.
2.11.
2.12.
2.13.
2.14.
SECTION 3
3.1.
3.2.
3.3.
3.4.
3.5.
3.6.
3.7.
3.8.
3.9.
3.10.
3.11
3.12
SECTION 4
4.1.
4.2.
4.3.
4.4.
4.5.
4.6.
4.7.
4.8.
4.9.
SECTION 5
5.1.
5.2.
5.3.
SA.
5.5.
Appointment of Applicants... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 2-4
Trial Service Period... .., ... ... ... ... ... ... .., ... ... ... ... ... ... ... ... ... ... .... 2-4
Orientation of Employees... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 2-4
Payment for Travel for Interview Purposes... ... ... ... ... ... ... ... ... .... 2-4
Relocation Expenses... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...., 2-4
EMPLOYER PRACTICES & EXPECTATIONS
Employee Courtesy... ... ... .,. ... ... ... ... ... ... .,. ... ... ... ... ... ... ... ... .... 3-1
Hours of Work... ... ... ... .... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ..... 3-1
Attendance. . . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . .. . . . . . . . .. . .. .. . .. . . .. . . . . . . .. . .. . . .. 3-1
Pay Periods/Pay Days... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3-1
Automatic Deposit... .. . .. . . . . . .. .. . . .. . . . .. . . .. . .. .. . .. . . . . .. . .. . . . . . .. . . . . . . .. . 3-1
Oed uctions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-1
Attire and Appearance... ... .., ... ... ... ... ..... ... ... ... ... ... ... ... ... ... .... 3-2
Smoking/T obacco Policy... ... . . . . .. . .. ... . .. . .. .. . . . . . . . . . . . .. . . . . . . . .. . . . .... 3-2
Periodic Physical Examinations... ... ... ... ... ... ... ... ... ... .,. ... ... ... .... 3-3
Computer & Electronic Media Usage... ... ... ... ... ... ... ... ... ... ... ... ... 3-3
Purchasing Policy............................................................ . .. 3-4
Employment Verifications/References... ... ... ... ... ... ... ... ... ... ... ... 3-4
EMPLOYEE ETHICS AND PERSONAL ACTIVITIES
Purpose......... ... ................................................... ............. 4-1
I ncompatible Personal Activities of City Employees... . . . . . . . . . . . . . .. .. 4-1
Employee's Personal Financial Affairs... ...... ...... ............... ....... 4-1
Off-Duty Employment... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 4-1
Employee Political Activities... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 4-1
Solicitation of Employees... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4-2
Personal Mail and Use of City Telephones........................... .... 4-2
Employee Privacy... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4-2
Conflict of Interest............................................................... 4-2
BENEFITS, PROGRAMS AND LEAVES
Guidelines... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 5-1
Employee Assistance Program... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 5-1
Retirement. .. ... . . . . . . .. . . . . . . . . .. ... .. . . . . . .. .. . . . . . . . . .. . .. .. . .. . . .. ... . .. .. . . .. . 5-2
Official Holidays...... ... ... ... ... ... ... ... ... ... ... ...... ... ... ... ... ... ... ...... 5-2
Religious Holiday Observance... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 5-3
5.6.
5.7.
5.8.
5.9.
5.10.
5.11.
5.12.
5.13.
5.14.
5.15.
5.16.
5.17.
5.18.
5.19.
5.20.
5.21.
5.22.
5.23.
SECTION 6
6.1.
6.2.
6.3.
6.4.
6.5.
6.6.
6.7.
6.8.
Personal Time Off (PTO) .., ... ,.. ... ... ... ... ... ... ... .,. ... ,.. ,.. .., ... .,.. 5-3
Extended Sick Leave (ESL) ..................,.............................. 5-5
Shared Leave .................................................................... 5-6
Family & Medical Leave...... ... ... ... ... ... ... ... ...... ... ... ... ...... ... ..... 5-7
Domestic Violence Leave... .. . . .. .. . . .. .. . . . . .. . . . . .. . . . . . . . .. . . . . . .. .. . . . . ... 5-9
On-the-Job Injury................................................................ 5-9
Disability Leave... .. . . .. .. . . .. .. . . . . . . . . . . . . . .. . . .. .. . ... .. . . .. . . . .. . . . . . .. .. . ... 5-11
Maternity Leave... . . . ... . . . . .. .. . . . . . . . . . . . . . . . . .. . . . . . .. .. . . .. . . . ... . .. .. . . . . ... 5-12
Military Leave... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5-12
Educational Leave... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5-13
Exempt Status Leave (formerly Administrative) ........................ 5-13
Administrative Leave (formerly Investigative) .......................... 5-14
Suspension of Leaves... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 5-14
Court Appearance... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5-14
Ti m e Off for V oti ng .. . . .. .. . . .. .. . .. . . .. .. . . .. . .. . .. .. . . .. .. . .. . .. . .. . .. . .. . .. . .. 5-14
Unauthorized Leave............... .. . . .. .. . .. . . .. . .. ... ... . .. . .. .. . ... .. . ... . .. 5-14
Leave Without Pay... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5-15
Closure of City Facilities....................................................... 5-15
COMPENSATION
Pay Practice... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 6-1
Pay Adjustments... .., ... ... ... ... ... ... ... ... ... ... ... ... ... .,. ... ... ... ... ..... 6-1
Employment Rate for New, Rehired, or Re-appointed Staff.......... 6-1
Pay Upon Additional Responsibilities (Interim Pay)..................... 6-1
Simultaneous Personnel Actions... ... ... ... ... ... ... ... ... ... ... ... ... ..... 6-2
Change in Status... ... ... .., ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 6-2
Promotion.......................................... .................. .............. 6-2
Reclassification... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 6-2
Demotion.. . . .. .. . .. . .. . ... . .. ... ... .. . . .. ... .. . .. . ... .. . .. . . .. .. . .. . . .. .. . .. . . .. ... 6-2
Lateral Change... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 6-2
Reversion While in Trial Service Period......... .. .. .. .. ... .... .. .... .. .... 6-3
Performance Appraisals... .., ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 6-3
Performance Recognition... ... ... ... ... ... ... ... ... ... ... ... ... .,. ... ... ...... 6-3
6.9.
6.10.
6.11.
6.12.
SECTION 7
7.1.
7.2.
7.3.
7.4.
7.5.
7.6.
7.7.
7.8.
7.9.
7.10.
SECTION 8
8.1.
8.2.
8.3.
8.4.
8.5.
8.6.
SECTION 9
9.1.
9.2.
9.3.
9.4.
Overtime and Compensatory Time........................... ............... 6-4
Incident Response Pay - (Call-Back & On-Call) 6-5
Multiple City Positions... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 6-5
Provisions Applicable to Department Directors & City Manager..... 6-5
CLASSIFICATION
Classification Policy............ . .. ... . .. .. . . .. . .. . .. . . . . ., . . . . . . .. . . .. ... . . . .. . . 7-1
Preparation and Maintenance...... ............ .............................. 7-1
Classification Plan Review... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 7-1
Classification Specification Review... ... ... ... ... ... ... ... ... ... ... ....... 7-1
Reclassification Results........................ ................................ 7-2
Request of a New Classification... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7-2
Establishment of a New Classification... ... ... ... ... ... ... ... ... ... ... .... 7-2
Classification of Temporary Employees............ .. .. .. .. ... ... .. .. . .. ... 7-3
Classification of Emergency Employees... ... ... ... ... ... ... ... ... ... ..... 7-3
Unauthorized Positions...... ................................................... 7-3
EDUCATIONAL PROGRAMS & WORK-RELATED TRAVEL
Policy Statement... .. . ... . .. ... .. . . .. ... .. . ... .. . ... . .. .. . .. . . .. ... .. . .. . ... .. . .. 8-1
Educational Programs and Tuition Reimbursement.................... 8-1
Training Programs Established by the City............................... 8-1
Conferences, Workshops, Special Training or Seminars...... ... .... 8-1
Work-Related Travel... ... ... ... ...... ... ... ... ... ...... ... ...... ...... ... ...... 8-2
Tuition Assistance Program... ...... ... ... ... ... ... ... ... ... ... ... ... ... ...... 8-3
SUBSTANCE ABUSE POLICY
Purpose.................................... ......... ............................... 9-1
Policy... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ... ...... ......... ... .... 9-1
Drug-Free Work Place... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9-1
Drug & Alcohol Testing... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 9-2
Definitions..................... ............... ..................................... 9-2
Prohibited Conduct...................................................... ... ..... 9-3
Circumstances Requiring Tests... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 9-4
Refusal to Submitto a Required Test... ... ................................ 9-5
9.5.
9.6.
9.7.
9.8.
SECTION 10
10.1.
10.2.
10.3.
10.4.
10.5.
10.6.
10.7.
10.8.
10.9.
SECTION 11
11.1.
11.2.
11.3.
11.4.
11.5.
11.6.
11.7.
11.8.
11.9.
11.10.
SECTION 12
12.1
12.2
12.3.
12.4.
12.5.
12.6.
12.7.
Testing Policies... ... ... '" ... ... ... ... ... '" ... ... ... ... ... ... ... ... ... ... ... ... 9-6
Training... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... 9-6
Corrective Action... " . .. . . .. . .. ... ... . , . .. , .. . . , . ... ... ... .. . .. . . .. . . . .. . . . . .. . .. 9-6
Employee Assistance ProgramNoluntary Referral... ... ... ... ...... ... 9-6
SAFETY POLICY, EQUIPMENT, ACCIDENTS & INJURIES
Safety Statement... . . . .. . .. . . .. . .. . . . .. . . .. .. . .. . .. . ... .. . . .. .. . . .. . . . . . . . .. . . . . 10-1
Required Driver's Licenses......... ... ... ... ... ... ... ...... ... ... ...... ... ... 10-1
Use of City Vehicles and Property.................. ........................ 10-2
Use of Private Vehicles... ... ... ... ... ... '" ... ... ... ... ... ... ... ... ... ... ... ... 10-2
Vehicle Equipment Accident & Damage & Employee Injuries........ 10-3
Reporting of Work-Related Injuries and Illnesses............... ... ..... 10-3
City-Designated Medical Facility... ... ... ... ... ... ... ... ... ... ... ... ...... ... 10-3
Alternative Duty.................................... .. . . . . . .. . . . ... .. . .. . . . . .. . . .. 10-4
Safety Equipment... ............... ......... ...... ............................... 10-4
DISCIPLINARY/CORRECTIVE ACTION AND APPEAL
PROCEDURE
Discipline or Corrective Action... ... ...... ... ... ... ... ... ... ... ... ... ... ...... 11-1
Application of Discipline/Corrective Action................................ 11-1
Definitions............................................................ ........ ...... 11-1
Types of Discipline or Corrective Action. .. .. . ...... . .. .. ....... .. ..... .... . 11-1
Non-Appealable Actions... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... ... ... 11-2
Reasons or Grounds for Disciplinary and/or Corrective Action....... 11-2
Authority to Take Disciplinary and/or Corrective Action... ......... ... 11-4
Disciplinary or Corrective Action Procedure............. .................. 11-4
Appeals... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11-5
Time Limits............ ............................................................ 11-5
DEPARTURES FROM EMPLOYMENT
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1
At-Will Employment... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... 12-1
Resignation Process.................. ......... ................................. 12-1
Lay-Off.............................................................................. 12-1
Disciplinary Action... ... ...... ... ... ... ... .,. ... ... ... ... ... ... ... ... ... ... ... ... 12-2
Retirement... ... ... ... .,. ...... ... ... ......... ... ... ... ... ...... ... ... ... ... ... .... 12-2
Termination Based on Position Requirements........................... 12-2
12.8.
12.9.
12.10.
SECTION 13
13.1.
13.2.
13.3.
13.4.
13.5.
SECTION 14
14.1.
14.2.
14.3.
14.4.
14.5.
14.6.
14,7.
14.8.
14.9.
SECTION 15
15.1.
15.2.
SECTION 16
16.1.
16.2.
16.3.
Exit Interview... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
Final Pay...........................................................................
Optional Continuation of Medical/Dental Coverage (COBRA).......
PROBLEM SOLVING PROCEDURE
Purpose... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... '" ... ... ... ... ....
Open-Door Guideline... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .....
Problem Solving Procedure................................. ..................
Time Limits... ... ... ... ... ... ... ... ... ...... ... ... ... ... ... ...... ... ....... ... .....
Appeal for Complaints of Discrimination ....................................
EMPLOYEE PERSONEL SERVICES
Purpose... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....
Personnel Records and Files... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....
"Official" Public Employee Personnel File... '" ... ... ... ... ... ... ... ... ...
Confidential Files... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....
General Personnel Records... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ......
Review of Official Employee Files... ... ... ... ... ... ... ... ... ... ... ... ... ....
Release of Official Employee File Information...........................
Changes in Personnel Data...................................................
Destruction of Records... ... ... ... ... ... ...... ... ......... ... ... ... ... ... ... ...
ANTI-HARASSMENT AND WORKPLACE VIOLENCE
Prohibiting Harassment...... . .. . . . . . . . . . . . . .. . .. . . .. .. . . .. .. . ... . . . . . . ... .. . ..
Workplace Violence... . . . .. . . .. ... ... .. . . .. . . . .. . ... .. . .. . . .. .. . . . . .. . .. . . . . . ..
WHISTLEBLOWER POLICY
Whistle Blowing... . .. .. . . . . .. . . .. . .. .. . .. . . . . . .. .. . . . . . . . .. . . .. . . . . .. .. . .. . . . . . ..
Protection from Retaliatory Actions..................... ...... ... ...........
Whistleblower Responsibilities... ... ... ... ... ... ... ... ... ... ... ... ... ... .....
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DEFINITIONS
ADA: Americans with Disabilities Act, is Federal legislation which protects the rights of qualified persons with
disabilities.
ACCRUED PERSONAL TIME-OFF (PTO) LEAVE: The hours of leave an employee has earned from their
anniversary date to a particular month that has not yet been added to the employee's records.
ACCUMULATED PERSONAL TIME-OFF (PTO) LEAVE: The hours of leave an employee has in their records.
ADMINISTRATIVE AUTHORITY: The official or officials with the primary administrative responsibility for a
department or unit within the City service as delegated by the City Manager.
ADMINISTRATIVE GUIDELINES: Written guidelines, procedures, departmental guidelines or operating
procedures established by the City Manager to clarify or supplement portions of the Personnel Policies or other
day-to-day operations of the City. In the event of any conflict between any such Administrative Guidelines and the
terms, explicit or implicit, of these Policies, the terms of these Policies shall control.
ADMINISTRATIVE LEAVE: An employee may be suspended from work for the purpose of conducting an
investigation or other inquiry into allegations or charges of wrong-doing.
ADVANCEMENT: A salary increase within the limits of the pay range established for a classification.
ALLOCATION: The official assignment of an individual position to the proper classification according to the duties
performed and authority exercised.
ANNIVERSARY DATE: The date of initial hire or in the case of reinstatement, the date of reinstatement of regular
employment in a budgeted City position and the date from which PTO leave, extended sick leave (ESL), and
longevity will be computed.
APPEAL: The employee's challenge to a decision made by a level of authority with prescribed procedures as
outlined in the Personnel Policies.
APPEAL PROCEDURE: The established procedure to follow when an employee files an appeal.
APPLICANT: A person who has filed a completed employment application form for City employment and
submitted all required documents as stated in the job announcement(s).
APPOINTING AUTHORITY: The City Manager, or the City Manager's designated representative who has the
authority to make appointments to fill positions.
APPOINTMENT: The offer to and acceptance by a person for a position according to this Policy Manual.
APPOINTMENT DATE: The date on which an employee is placed in the position which the employee is holding.
APPRAISAL DATE: The date, as established in the Performance Review System in force, an employee is
scheduled to receive a written review of his/her work performance.
ALTERNATIVE DUTY: A reassignment of duties, as a result of injury and/or illness, established within the
conditions set forth by a physician and subject to the availability of prescribed duties.
ARMED FORCES: Includes the Army, Navy, Marine Corps, Coast Guard, Air Force and their auxiliaries.
AT WILL EMPLOYMENT: A condition where an employment relationship may be terminated at any time by either
party, with or without cause or notice.
BEREAVEMENT LEAVE: Personal time off from work granted to an employee to attend funeral services and other
activities connected with the death of an immediate family member.
BUDGETED POSITION: A position that is funded in the City's annual budget.
BUREAu/DIVISION: A major unit of a department with the City organization.
BUSINESS DAY: A daily period of time that commences at 8:00 am and concludes at 5:00 pm on any day of the
week with the exception of Saturday or Sunday.
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CANDIDATE: An applicant who is participating in the recruitment for a position.
CERTIFIED EMPLOYEE: An employee who has successfully completed a trial service period and is, therefore,
certified to serve in the position which he is holding.
CHILD: A person younger than 18 years of age or a person older than 18 years of age and incapable of self care
due to a mental or physical disability. An employee's child includes a biological, adopted, foster, or step-child for
whom the employee has day-to-day responsibility.
CITY: The City of Wheat Ridge, Colorado.
CITY COUNCIL: The City Council of the City of Wheat Ridge.
CITY DEPARTMENT: A major functional subdivision of City government that is accountable through the
Department Director to the City Manager.
CITY MANAGER: The chief administrative officer of the City or his/her designee during his/her absence.
CITY SERVICE: The performance of official duties and responsibilities for the City.
CIVILIAN PERSONNEL: Employee(s) not serving in the capacity as defined in Law Enforcement Personnel.
CLASS or CLASSIFICATION: A grouping of positions or jobs sufficiently similar in duties, authority and
responsibilities that, a) the same descriptive titles can be used; b) the same aptitude or proficiency tests can be
used for selection and appointment; c) the same pay range can be applied to all positions within the class.
CLASSIFICATION TITLE: A name assigned to a position that indicates a particular level of rank and specific
duties and responsibilities.
CLASSIFIED EMPLOYEE: All employees of the City except those holding positions as listed in the Unclassified
Section.
CLASSIFIED SERVICE: The aggregate of all positions under the City of Wheat Ridge other than those specifically
excluded under the scope provisions of these Polices and Procedures.
COBRA: The Consolidated Omnibus Budget Reconciliation Act of 1985, which provides for an employee or
eligible dependent to continue group health care coverage for a specific period of time at his/her expense, following
termination of coverage for reasons other than the employee's termination from his/her position for gross
misconduct.
COMPENSATION: The salary/wage, and all other forms of valuable consideration earned by, or paid to, any
employee in remuneration for services in any position.
COMPENSATION SCHEDULE: The array of pay ranges applying to classifications.
COMPENSATORY TIME: Authorized time off granted to certain qualifying employees, in lieu of overtime pay, for
hours worked above the standard work schedule.
CONTROLLED SUBSTANCE: A drug or other substance or an immediate precursor which is defined as a
controlled substance under the Colorado Controlled Substance Act, Colorado Revised Statutes. Includes, but is
not limited to, marijuana, marijuana concentrate, cocaine, and any scheduled drugs as defined by the DEA and/or
Statute.
CORRECTIVE ACTION: An action taken by the disciplinary authority against an employee that may include but
not be limited to, training, re-training, placement in a Return to Trial Service status.
COVERED EMPLOYEE: A person in a position covered by the overtime provisions of the Fair Labor Standards
Act, also referred to as a "non-exempt" employee.
DEMOTION: Changing an employee from one class of work to a different class having less responsible duties,
lower qualifications, and a lower maximum rate of pay.
DEPARTMENT DIRECTOR: The individual responsible for the operation/administration of a City department as
appointed by the City Manager or Council. The term Department Director shall also include the City Clerk and the
City Treasurer.
DEPARTMENT GUIDELINES: Guidelines issued by a Department Director and approved by the City Manager
designed for specific types of activities within a department's operation.
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DEPENDENCE: Habituation to, abuse of, and/or addiction to a drug, including alcohol.
DISABILITY: A physical/mental impairment that substantially limits one or more major life activities to include
caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
DISCIPLINARY ACTION: An action taken by the disciplinary authority against an employee that may include but
not limited to, either individually or in combination, an official reprimand, disciplinary probation, suspension, salary
reduction, demotion or discharge.
DISCIPLINARY AUTHORITY: The person having the authority to impose disciplinary action on an employee.
DISMISSAL AND/OR DISCHARGE: A disciplinary termination of employment.
DIVERSITY MANAGEMENT: The policy of the City that seeks equality in employment opportunities and access to
services and programs for all applicants and employees regardless of race, religious creed, ancestry, gender, age,
marital status, physical or mental disability, national origin, or any other protected status, and that honors and
supports cultural and other work force differences as an enhancement to productivity and service.
DIVISION/BUREAU: A major unit of a department within the City organization.
DIVISION MANAGER: An employee who manages multiple programs and staff in a major unit/division within a
City department and who is directly responsible to a Department Director.
DOMESTIC PARTNER: An unmarried adult, unrelated by blood (closer than would prohibit marriage in Colorado
pursuant to the Colorado Revised Statutes), with whom an unmarried employee has an exclusive committed
relationship, maintains a mutual residence and shares basic living expenses.
DRINK OR DRINKING: The consumption or ingestion of any beverage containing any alcoholic content
whatsoever, except for the reasonable ingestion of medications containing alcohol, which ingestion shall be subject
to the restrictions set forth in these Policies.
DRUG: Any substance which is recognized as a drug in the official United States pharmacopoeia or a supplement
thereof; intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animal;
and other than food, is intended to affect the structure of any function of the body of man or animal.
DRUG USE: The ingestion or consumption of any drug, whether prescription or non prescription, or any legal, or
illegal, controlled substance.
EFFECTIVE DATE: The date at which a personnel action (change in pay, reclassification, change in job title, etc.)
is to occur.
ELIGIBILITY: A candidate whose name is recorded on an eligibility or reinstatement list.
ELIGIBILITY LIST: A roster of persons who have been found qualified through a testing procedure for appointment
to a specific position or classification.
EMPLOYEE OR INCUMBENT: A person legally occupying a position in the City service.
EMPLOYEE (POSITION) STATUS:
· REGULAR FULL-TIME: An hourly or salaried position designated as such by the City budget, that has been
registered for work at a minimum of forty (40) hours per week on a year-round basis. A full-time employee will
receive benefits as outlined in the Personnel Policies.
· REGULAR PART-TIME: An hourly position which is classified or advertised as such, that has been assigned a
consistent number of work hours per week, not to exceed 39 or less than 20 hours per week on a year-round
basis. An employee in such status will be eligible for benefits on a pro-rated basis, as outlined in the Personnel
Policies. Regular part-time employees are paid at the equivalent full-time hourly rate of the range in the
classification to which they are appointed.
. INTERMITTENT/PART-TIME: Designated to an employee who works an irregular number of hours as needed by
the employment unit or whose standard workweek is less than twenty (20) hours per week, on a year-round
basis. The employee is not eligible for City benefits except those required by law.
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.
TRIAL SERVICE: All hired or promoted employees will serve in an initial 'Trial Service" period in which they must
prove their ability to perform the duties of the appointed position. For all employees serving in the capacity of
sworn police personnel, the trial service period is 12 consecutive months; for employees serving in the capacity
of civilian personnel, the trial service period is six (6) consecutive months. A Return to Trial Service status may
be issued to an employee who has received an unsatisfactory evaluation, (see Trial Service Period).
SEASONALlTEMPORARY - A temporary position that is advertised as such, that is needed to supplement the work
force for a part of a calendar year or until completion of a project. The employee is not eligible for City benefits
except those required by law.
EMERGENCY EMPLOYEE: A person employed to meet emergencies for a temporary period in a position not
specifically authorized or funded in the budget.
CONTRACTUAL - A position established by a written agreement between the employee and the City Manager
and/or City Council for which funds mayor may not be budgeted. Independent contractors shall not be
considered contractual employees of the City.
FEDERALLY. STATE. OR SPECIALLY FUNDED - A position that is federally, state, or specially funded. Employees in
said status mayor may not be eligible for benefits as determined by program specifications and as required by
law.
.
.
.
.
.
INTERN - Such positions may be made available to individuals on a paid or unpaid basis for the benefit of
acquiring practical work experience in municipal government and performing services for the City. Employees
in said status are not eligible for City benefits except those required by law.
EMPLOYMENT-AT-WILL: See the definition for "At-Will".
EVALUATION DATE: The date, as established in the Performance Review System in force, an employee is
scheduled to receive a written review of his/her work performance.
EXEMPT EMPLOYEE: A person in a budgeted position exempt from the overtime provisions of the Fair labor
Standards Act as an executive, administrative, or professional employee.
EXEMPT STATUS LEAVE: leave approved for employees in positions exempt from the Fair labor Standards Act
to compensate for unusual, non-customary work demands.
FAIR LABOR STANDARDS ACT (FLSA): A federal law, enacted by the United States Congress in 1938, which
sets minimum wage, overtime pay, equal pay, record keeping, and child labor standards for employees who are
covered by the Act.
FAMILY MEDICAL LEAVE ACT (FMLA): A law enacted on February 5, 1993, which entitles qualified employees
up to 12 weeks of unpaid leave per a twelve (12) month period for the birth, adoption or placement for foster care of
a child, to care for a spouse or an immediate family member with a serious health condition, or when unable to
work because of a serious health condition.
FINAL EARNED RATING: The final percentage score attained by a candidate in an examination for a budgeted
position, computed by adding the percentages earned in each part of the examination.
FRINGE BENEFITS: All benefits authorized by the City other than the direct salary paid to a given employee such
as Personal Time-Off leave, Extended Sick leave, paid holidays, insurance coverage, etc.
GENDER: Males or females as a group, a sex-based category. Note: the terms of this Personnel Policy apply in
the same manner to both men and women.
GRIEVANCE: A complaint initiated by an employee concerning working conditions.
HIS OR HER: Whenever the masculine or feminine is used in these Policies, such designation isn't intended to
reflect a specific gender, but is used only for administrative conveniences.
HUMAN RESOURCES: A division of the organization assigned with the responsibilities of interpreting and
administering the philosophies, personnel policies, procedures and practices related to the management of the
work force within the organization.
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IMMEDIATE FAMILY MEMBER: Those individuals related to an employee as follows: spouse or domestic
partner; biological, step-, adopted, or foster: children, grandchildren, parent(s), grandparent(s), brother(s), and
sister(s), or other relative who is residing in the same household as the employee.
INJURY LEAVE: Leave granted to an employee who has suffered a job-related injury or illness as determined by
the City, its worker's compensation or other insurance carrier.
IN-RANGE HIRING: The authorization to hire an employee at a rate of pay higher than the entry level in the pay
range assigned to the position.
INSUBORDINATION: An action demonstrating non-submittal or compliance to authority, insolence, defiance,
disobedience or display of rebelliousness
INTERIM APPOINTMENT: An interim appointment made to fill a job vacancy due to a position that is temporarily
vacant.
INTERIM PAY: Compensation that may be paid to an employee who serves in an interim appointment.
INTERMITTENT LEAVE SCHEDULE: Leave, taken by an employee in conformance with an approved leave
schedule under the Family and Medical Leave Act, that results in a reduction in the regular hours worked by the
employee on an intermittent basis over a consecutive 12-month period. An employee on an intermittent leave
schedule will work some portion of his/her regular work hours during the consecutive 12-month period.
INTOXICATION (IMPAIRMENT): A condition an employee is in when unable to perform or is hindered in the
performance of his/her duties because the employee has been drinking.
JOB DESCRIPTION: See Position Description.
JOB VACANCY: A position currently not occupied which the City Manager had determined should be filled.
LAW ENFORCEMENT PERSONNEL: An employee meeting the following criteria:
1. The employee is a uniformed or plain-clothed member of a body of officers and subordinates who are
empowered by statute or local ordinance to enforce laws designed to maintain public peace and order and to
protect both life and property from accidental or willful injury and to prevent and detect crimes;
2. The employee has the power to arrest; and
3. The employee is presently undergoing or has undergone or will undergo on-the-job training and/or a course of
instructions and study which typically includes physical training, self-defense, firearm proficiency, criminal and
civil law principles, investigative and law enforcement techniques, medical aid and ethics.
LAY-OFF: The separation of a regular or regular part-time employee from City service without fault or delinquency
on the employee's part. Reorganization, privatization, the lack of work, or the lack of funds may result in the
placement of the employee's name on a layoff list.
LAY-OFF LIST: An eligibility list of names of persons arranged in accordance to policy who have had regular
employment and have been separated from City service.
LEAVE WITHOUT PAY OR ABSENCE WITHOUT PAY: A leave or absence from work for which no pay is due
unless otherwise provided by these Policies.
MARKET RATE OF PAY: A rate or range of pay for specific positions as defined by a study of a specific labor
market as determined by the City Manager.
MAY: As used in these Personnel Policies, "may" is permissive.
MILITARY DUTY: Training and service performed by an inductee, enlistee, reservist, or any entrant into any of the
Armed Forces of the United States and their auxiliaries.
MILITARY LEAVE: Leave from an employee's job to fulfill military obligations.
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NON-EXEMPT EMPLOYEE: See Covered Employee.
NOLO CONTENDERE: A plea that does not admit guilt but is subject to punishment as though a guilty plea had
been made.
OCCASIONAL DUTIES: Tasks an individual may infrequently be required to perform in cases of emergency or
under conditions as the need arises and in the discretion of the Supervisor.
OPEN EXAMINATION: An examination open to all qualified persons including City employees.
ORAL BOARD: An interviewing board composed of persons who are experienced either in the field of work for
which the examination is being conducted or in the technique of evaluating and rating candidates.
P ARENT: Biological or adoptive parent, or a stepparent.
PAY RANGE: The official range of pay established by the compensation schedule for a classification.
PERFORMANCE APPRAISAL OR EVALUATION: An appraisal or evaluation of the quality, quantity,
effectiveness, and efficiency of work performed. The appraisal/evaluation is to communicate with the employee
about performance, expectations, department standards, provide positive feedback, define specific areas needing
improvement, and to develop a specific growth plan to address learning needs. At minimum, informal
appraisals/evaluations are encouraged frequently; formal appraisals/evaluations are made annually.
PERSONNEL: All persons employed in City Service.
PERSONNEL MANAGEMENT: The process of defining and proposing policies for managing City staff and the
implementation of those policies in collaboration with responsible managers and supervisors.
POLICY: An approved course of action established by the City Manager or other appropriate authority.
POSITION: The official rank within a given classification and held by an employee with a descriptive title.
POSITION CLASSIFICATION AND COMPENSATION PLAN: The City's official plan that classifies budgeted
positions and sets compensation rates.
POSITION DESCRIPTION: A detailed statement about the general responsibilities, essential functions, specific
duties, and minimum qualifications of a specific position within a given classification, as well as, decision-making
responsibilities, level of supervision received and exercised, working conditions, and equipment operated.
PRIMARY DUTIES: Those tasks that an individual is required to perform on a regular basis which constitutes the
major portion of the job.
PROBATIONARY PERIOD: See Trial Service Period.
PROBLEM SOLVING: A procedure established whereby an employee may formally submit a complaint to
management if he/she believes an aspect of his/her work environment has developed which adversely affects
his/her working conditions. This does not include disciplinary action, contents of a performance review;
establishment of classification, payor fringe benefits, or general City policy or procedure. See Section 13.
PROMOTION: Advancement in rank, grade, or position whereby an employee vacates their position to receive the
employment status in a higher classification with a higher rate of pay and increased responsibility. Promotions
must involve a definite increase in duties and responsibilities, conform to the compensation pay principles, and
shall not be made merely to affect an increase in the employee's compensation.
PROMOTIONAL EXAMINATION: An examination for an unfilled budgeted position within the City that is open only
to active employees of the City that are not serving in a Trial Service status, (initial or as a "Return").
PROMOTIONAL LIST: A list of employees who have been successfully tested for promotion to a more responsible
position or positions.
PUBLIC EMPLOYEE: An officer, employee, or servant of the public entity, whether or not compensated, elected,
or appointed, but does not include an independent contractor or any person who is sentenced to participate in any
type of useful public service.
RANGE: The distance between the minimum and maximum rates of pay within a given classification.
RATE OF PAY: See Compensation.
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REAPPOINTMENT/REINSTATEMENT: The rehire, within one (1) year, of a former employee who was
involuntarily dismissed because of lack of work, lack of funds, or reorganization, or exhaustion of paid leave to his
former classification or comparable classification having the same or lower pay Jevel without examination, or the
rehire of an employee who has been dismissed for disciplinary reasons and whose dismissal has been rescinded.
RECLASSIFICATION: The reassignment of an individual job or position from one class of work into a different
class of work as a result of a classification review (audit) and/or amendments to the classification plan based on
changes in duties and responsibilities, excluding any action which is disciplinary in nature.
REHIRE: The appointment to the City service of a former employee of the City in any classification.
RELATIVE: Any person related to the employee including spouses, children, brothers, sisters, half-brothers and
sisters, stepbrothers and sisters, parents, stepparents, aunts, uncles, nephews, nieces, first cousins, grandparents,
grandchildren, and the spouses of the above.
REPRIMAND: An oral or written notice to an employee informing the employee of an action or course of conduct
on their part that is cause for disciplinary action.
RETIREMENT: Official retirement from a budgeted position and City service when the requirements of the
employee's retirement system are met. The definition for Retirement may be expanded in accordance with
Administrative and/or Departmental Guidelines.
SALARY DATE: The date on which an employee's rate of pay becomes effective and on which advancements
within the pay plan are based.
SALARY/PAY: As used in these Policies and Procedures, the use of "salary" also means "pay" and "pay" means
"salary" .
SELECTION TECHNIQUES: Methods by which the suitability of job applicants are compared in order to determine
whether to appoint any of the applicants, and if so, which applicant or applicants to appoint.
SENIORITY: Total length of continuous time served in an employee's current position during which there has not
been a break in service due to a resignation (excluding military), dismissal or retirement.
SEPARATION DATE: The last day of an employee's work in City service, after which no pro leave or extended
sick leave (ESL) is accrued or used.
SEXUAL HARASSMENT: Unsolicited or unwelcome sexual advances, requests for sexual favors and other verbal
or physical conduct of a sexual nature.
SHALLIWILL: As used in these Policies and Procedures, "shall" and "will" are mandatory and generally reserved
for policies governed by federal or state laws.
STAFFING PATTERN: Number of positions authorized for a department or division thereof, the classification, pay
range and title of each position.
STANDARD WORK SCHEDULE: The standard work schedule for full-time employees shall be forty (40) hours per
week except City police officer whose hours shall be regulated pursuant to the emergency personnel provisions of
the Fair Labor Standards Act and except for employees who are exempt from the Fair labor Standards Act. The
work period for non-exempt City police officers shall be twenty-eight (28) days consisting of one hundred and
seventy-one (171) hours.
STAND-BY STATUS: An employee required during impending need to be available by a pager or telephone
number known to the employee's immediate supervisor and/or the Police Department. Such an employee is
prepared to report for duty within a time limit, as established by their department, and is considered to be on stand-
by duty until relieved by the employee's supervisor.
SUPERVISOR: An employee who has been delegated to direct, control, and evaluate the work of one or more
employees and who, in the interest of the employee, has the authority to recommend to hire, promote, suspend,
dismiss, lay-off, recall, or discipline other employees, or has the responsibility to direct such actions.
SUSPENSION: The temporary separation of an employee from his/her position, with or without loss of pay, for
pending disciplinary action, disciplinary action, or for another reason as determined necessary by the employee's
supervisor, and for a defined period of time.
SWORN PERSONNEL: See Law Enforcement Personnel
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TENURE: Status of an employee, after a trial service period indicating the position or employment is regular.
TERMINATION OR SEPARATION: Either voluntary or involuntary separation of an employee from his/her position
with the City resulting from death, dismissal, lay-off, resignation, retirement, or disability.
TERMINATION DATE: The last day of an employee's work in City service. No PTO or ESL is accrued or used
from that date forward.
TRAINING, EDUCATION, AND DEVELOPMENT: The training and educational programs as established or
budgeted by Department Directors or the City Manager for personnel in City service. Training and educational
programs give opportunities for employees and volunteers to gain knowledge, skills, and abilities to perform more
effectively in City service.
TRANSFER - Movement of an employee from one position or class of work to a different position or class of work
at the same pay range, or changing an employee from one position or class of work to a different department or
division in the same pay range.
TRIAL SERVICE PERIOD:
· Initial Assianment - A working test or orientation period during which an employee demonstrates, by actual
performance, the employee's suitability for the duties of the position to which the employee has been
appointed. The trial service period is for a minimum of twelve (12) consecutive months 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, following original
appointment or promotion; or a period not to exceed six (6) consecutive months following an unsatisfactory
evaluation for all employees. A new employee serving in a Trial Service period does not have access to the
disciplinary/corrective action and appeal procedure.
· Return to Trial Service - An employee. regardless of exempt status, whose performance is failing and is not
meeting the department's expectations may be placed in 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 a
promotional selection process; and may be denied movement through the pay plan until improvement is shown.
This period is not less than three (3) months and should not exceed six (6) months duration.
UNAUTHORIZED LEAVE OF ABSENCE: Failure of an employee to notify and receive permission from their
immediate supervisor in advance of absence or failure of an employee to report for work at the beginning of their
next regularly-scheduled work period. An unauthorized leave of absence includes all or any portion of a workday
for which notice and approval have not been provided.
UNCLASSIFIED POSITION: Seasonal, temporary, volunteer, Federal/State or specially funded intern positions;
positions in a trial service status; and, high level, administrative positions are exempted from certain provisions of
the Policies and Procedures concerning appointment, disciplinary action and appeal, tenure and separation. The
administrative positions include: Elected officials, Department Directors, City Manager, Municipal Court Judges.
UNDER THE INFLUENCE OF A DRUG OR ALCOHOL (IMPAIRED): An employee who is unable to perform or is
hindered in the performance of his/her duties because of the ingestion or consumption of alcohol or any drug or
controlled substance, whether or not prescribed by a physician.
VETERAN: A person who has served in the active armed forces of the United States and who has been released
or separated from such service other than by dishonorable discharge.
WAR VETERAN: Any person who has received the Armed Forces, Marine Corps, or Navy expeditionary medal for
opposed action on foreign soil. This person may belong to any branch of the Armed Forces of the United States. A
"period of war" includes World War I, World War II, the Korean conflict, the Vietnam era, and the period beginning
on the date of any future declaration of war by the US Congress and ending on the date prescribed by Presidential
proclamation or concurrent resolution of Congress. (RCW 41.04.005)
WEIGHT: The fixed numerical value given to each part of a recruitment examination for an unfilled budgeted
position. Such a value sets the relative worth of each part and is used in computing a general average.
WORKER'S COMPENSATION: The insurance or benefits statutorily required to be provided to employees injured
on the job.
WORKDAY: An employee's scheduled daily hours of employment.
WORKWEEK: An employee's schedule of work hours within an appointed week.
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ITEM NO:
III \
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REQUEST FOR CITY COUNCIL ACTION
~~
COUNCIL MEETING DATE:
November 27,2006
TITLE:
MOTION TO ADOPT THE 2007 CITY COUNCIL REGULAR
MEETING CALENDAR
D PUBLIC HEARING
[gI BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date:
D ORDINANCES FOR 2ND READING
)
Quasi-Judicial:
D
Yes
[gI
No
~~
City ~r ..,
EXECUTIVE SUMMARY:
At the November 20,2006 Study Session direction was given to bring the adoption of the 2007 City
Council Calendar forward to the regular City Council meeting. The Wheat Ridge City Council may
adopt by motion. The calendar initially includes scheduled meetings for regular City Council
Meetings, Study Sessions, and City of Wheat Ridge holidays. The proposed calendar is Attachment 1.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The regular meetings of the Wheat Ridge City Council are based on the City Council Rules and the
City Charter. It should be noted that three Study Sessions in January, February, and September that fall
on holidays when the City is closed have been scheduled for Tuesday. A Regular City Council
Meeting in November is scheduled for Tuesday, November 13,2007 in order to comply with the City
Charter for the administration of the oath for newly elected officials. The second meeting in December
is cancelled as it falls on Christmas Eve. Due to a consensus at the November 20, 2006 Study Session,
the November 5, 2007 Study Session is cancelled. Adopting the regular meeting calendar for the year
is more efficient and enables the Mayor, Council and staff to schedule other events and travel in
advance. The Council will be able to amend the schedule by motion throughout the year, if necessary.
ALTERNATIVES CONSIDERED:
Alternative 1: Amend the proposed calendar within the parameters of the current Council Rules and
Charter.
Alternative 2: Do not adopt the 2006 City Council Regular Meeting Calendar
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to adopt the 2007 City Council Regular Meeting Calendar."
or,
"I move to deny the adoption of the 2007 City Council Regular Meeting Calendar for the following
"
reasons
Attachments:
1. Proposed 2007 City Council Regular Meeting Calendar.
i\IOND~\Y TUESD~\Y \X'EDNESD~\Y THURSIHY FRID.\Y S.\TURD.\Y SLJND.\Y
~-anuary 2007 City Council Calendar
2 3 4 5 6 7
1
City Hall Closed:
New Year's Day
-.
9 10 11 12 13 14
8
City Council
6:30: Pre-Meeting
7:00: Meeting
16 17 18 19 20 21
15
6:30: CC Study 6:00 Dinner with
City Closed Session Lakewood City
MLK, Jr. Day (Chambers) Council Abrusci's
3244 Y oungfield
24 25 26 27 28
22 23
City Council
6:30: Pre-Meeting
7:00: Meeting
29
30
31
6:30: CC Study
Session
(Chambers)
February 2007 City Council Calendar
;\IOND.\'{ TUESDAY \\'EDNESD~\Y THURSDAY FRID~\Y S.\TURD~\Y SUND.\Y
1
2
3
4
5 6 7 8 9 10 11
Leadership Jefferson
6:30: CC Study County: 8:00 - 5:00
Session City of Lakewood
(Chambers)
12 13 14 15 16 17 18
City Council
6:30: Pre-Meeting
7:00: Meeting
19 20 21 22 23 24 25
City Closed 6:30: CC Study
Presidents Day Session
(Chambers)
26 27 28
City Council
6:30: Pre-Meeting
7:00: Meeting
March 2007 City Council Calendar
1
2
3
4
5 6 7 8 9 10 11
6:30: CC Study
Session
(Chambers)
12 13 14 15 16 17 18
City Council
6:30: Pre-Meeting
7:00: Meeting
19 20 21 22 23 24 25
6:30: CC Study
Session
(Chambers)
26 27 28 29 30 31
City Council
6:30: Pre-Meeting
7:00: Meeting
April 2007 City Council Calendar
MONDAY TUESD.\Y \X/EDNESD"\Y THURSD.\Y FRID.\Y S.\TURD.\Y SUND.\Y
2 3 4 5 6 7 8
6:30: CC Study
Session
(Chambers)
9 10 11 12 13 14 15
City Council
6:30: Pre-Meeting
7:00: Meetin~
16 17 18 19 20 21 22
6:30: CC Study
Session
(Chambers)
23 24 25 26 27 28 29
City Council
6:30: Pre-Meeting
7:00: Meeting
30
1
"Ntay 2007 City Councll Calendar
:)
2
~
-- \\3
-- \ 12
-- 11
9 10 \
7 8
6~30~ CC St\1d)T ~~
Session \ 20
(Chatnbets)
11 18 19
16
14- 15
\ \
Citj Council J--~ -----
6~30: pte_Meeting ~ ---------r; \ 27
7:00: Meeting 25 26
\
21 22 2)
6~30~ CC St\1d)T
Session
(Chatnbets) ---------\-; ------
\ :)1
28 29
Citj Closed
"M-etnotial DaY
1
June 2007 City Council Calendar
1
2
3
4 5 6 7 8 9 10
6:30: CC Study
Session
(Chambers)
11 12 13 14 15 16 17
City Council
6:30: Pre-Meeting
7:00: Meeting
18 19 20 21 22 23 24
6:30: CC Study
Session
(Chambers)
25 26 27 28 29 30
City Council
6:30: Pre-Meeting
7:00: Meeting
\IOND.\Y TUESD.\Y \,\'ED"\"ESD.\Y THURSD.\Y FRID.\Y S.\TURD.\Y SUND.\Y
July 2007 City Council Calendar
1
2 3 4 5 6 7 8
6:30: CC Study
Session City Hall Closed
(Chambers) Independence Day
9 10 11 12 13 14 15
City Council
6:30: Pre-Meeting
7:00: Meetin~
16 17 18 19 20 21 22
6:30: CC Study
Session
(Chambers)
23 24 25 26 27 28 29
City Council
6:30: Pre-Meeting
7:00: Meetin~
30 31
August 2007 City Council Calendar
i\IOP;D.\Y TUESIHY \,\'EDP;ESD.\Y THURSD.\Y FRID.\Y S.\TURD.\Y SUP;D.\Y
1
2
3
4
5
6 7 8 9 10 11 12
6:30: CC Study
Session
(Chambers)
13 14 15 16 17 18 19
City Council
6:30: Pre-Meeting
7:00: Meeting
- - - -
20 21 22 23 24 25 26
6:30: CC Study
Session
(Chambers)
27 28 29 30 31
City Council
6:30: Pre-Meeting
7:00: Meeting
\..... 200"1 OhT Council Ca.lendar
Septero.~er I~]
---
--- \9
--- \8
--- \ 7
:; 6
3 4-
\ 6~3()~ CC Study
City fiall Closed Session ~ __________ \ 16
(Chatnbets)
Labor DaY
13 14 1
12
10 11
\
City Council -----------t; ------ \ 23
6~30~ 'Pre-Meeting
'1~OO~ Meeting - 21
19 20
17 18
6~3()~ CC Study -----------t; ------
Session \ 30
(Chatnbets)
27 28
2:; 26
24-
City Council
6~30~ 'Pre-Meeting
'1~OO~ Meeting
October 2007 City Council Calendar
1 2 3 4 5 6 7
6:30: CC Study
Session
(Chambers)
8 9 10 11 12 13 14
City Council
6:30: Pre-Meeting
7:00: Meeting
15 16 17 18 19 20 21
6:30: CC Study
Session
(Chambers)
22 23 24 25 26 27 28
City Council
6:30: Pre-Meeting
7:00: Meeting
29 30 31
November 2007 City council calendar
3
2
- - \11
- \ 9 \ 10
~ \ 8
6 7
:> \
Stud)' Session \ELBG110t'l
canceued DAY \
\ 1:> 16 \ 17 \ 18
13 14
12
City UaII Closed' \ City Council .
"\7 ete,an- D'Y 6,31)' pw~e- \
7~OO~ "Meet;in.g
23 \ 24 \ 25
21 22
19 20
6~:;O~ Cc Stud)' City 1-1a\1 Closed
'thankSgiving
Session DaY
(Cha1Xlbefs)
29 \ 30
27 28
26
City council
6~30~ Pte~"MeeUng
7~OO~ "Meeting
December 2007 City Council Calendar
~IONDA Y TUESD.\ Y \'CEDNESD.\Y TIlURSD.\ Y FRID.\ Y SXrURD.\ Y SUND.\ Y
1
2
3 4 5 6 7 8 9
6:30: CC Study
Session
(Chambers)
10 11 12 13 14 15 16
City Council
6:30: Pre-Meeting
7:00: Meetin~
17 18 19 20 21 22 23
6:30: CC Study
Session
(Chambers)
24 25 26 27 28 29 30
Christmas Eve: City Hall Closed
No meeting Christmas Day
31
ITEM NO: II f. \-
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
November 27,2006
TITLE:
REVISION TO THE COUNCIL RULES AND PROCEDURES
REGARDING APPOINTMENT PROCEDURE OF THE
MAYOR PRO- TEM/COUNCIL PRESIDENT
o PUBLIC HEARING
I:8J BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial: 0 [gI
Yes No
C?~\~--
~
EXECUTIVE SUMMARY:
~.t~
City Manage:tX" ('
By request of Council President Stites, a general discussion of the current Council Rules and
Procedures was held at the November 20, 2006 Study Session. City Council may review the Rules at
any time upon request of any member of Council. Consensus was carried to place on the agenda a
proposed Council Rule change to strike all references to Council President and assign all current
Council President duties to the Mayor Pro Tern.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
If a motion is carried, the voting procedure will be changed to eliminate the motion for appointment of
a Council President.
AL TERNA TIVES CONSIDERED:,
Not to amend the Council Rules and Procedures.
FINANCIAL IMP ACT:
N/A
RECOMMENDED MOTION:
"I move to amend the Council Rules and Procedures to strike all references to Council President and
assign all current Council President duties to the Mayor Pro Tern, to take effectively immediately"
or,
"I move to deny the submitted amendment to the Council Rules and Procedures."
Report Prepared by: Pam Anderson, City Clerk
Attachements:
I. City of Wheat Ridge Council Rules of Order and Procedure.
City of W leat Ridge
City Counci
Ru_es of Order and Procec ure
CITY COUNCIL
RULES OF ORDER AND PROCEDURE
Table of Contents."..,.,....,................. ...... ....,....."..,.....",.,.....,....,.,............ ,1
Authority.."."",.,.",.,..".,.,...............................,..,....,..........,.,..... 1
,
General Rules........................ . , . ... ... ... ... ... ... . .. '" ... ... .. , . .. .. , . .. .. , '" .. 1
Absence from Meetings... ... ...." ...,.. ...... .., '........ ,.,. ,.,., ... ...... ..1
Right of the Floor... ... ." ... ... ... ... ,.. '" ...... ,., ... ... ...... ... ... .., ....... .1-2
Elected Officials' Matters.,....,...................,..,..."..........,...,....,.,.......2
City Attorney............,..............".,..,....,....,.........,..........,...,. ,2
City Clerk......................................."......."............,....,.........,.....,....,.2
Parliamentarian... ... ... .. . .,. ., , ... .., . .. ... ... ... , .. . ., . ., .., ., . . " ... . ,. .. . . .. .2
Types of Meetings... ................,....,......,."..."....,..,.................,.........,...,...,...2
Business Meetings... ...."...... '" ... ... ,., ...... ....,..., ...... ...'.. .., .., ,..2-3
Special Meetings and Emergency Meetings... ... ... ... ...... ...... ...... 3
Adjourned Meetings...................".."",............."..,...,..,..,............,.... 3
Executive Sessions ..,.,.............".,..,..,...,..,.........,....,.,.,..".., 3
Informal Meetings.., ...,.. ... ." ..."",. ... ,... ,.. ,.",.., ... .., ,..." ..,.,.." .3-4
Attendance at Meetings of other Organizations and Social Gatherings.....4
Chairman, Mayor Pro-Tern, Council President and their duties...............4
Chairman. .. . .. .. . .. . .. . .. . , .. .. . . , . . .. .. . , . . . .. .. . . .. . .. . .. . .. .. , . .. .. . , , , , .. .. , . .. 4
Mayor Pro-Tern.. . ... '" .. , .. . ... .. . ... .. , '" '" ... ... .., .. . .. , ... .. . . .. .. , .. , ... ..4
Council President....................,." ... ., , , ,. ... .,. . ,. .. . . ., ,.. , .. , . , , .. ... ..5
Preservation of Order... ... '" '" ...... ... ... .., ... ... ... ... ... ... ... .,. ... ......5
Point of Order.,...,...,......."....,.....,..............,..., .'....................5
Order of Business and the Agenda... ... ", ... ... ,.. ... ..........., .., ...,.,...,.. ... ,5
Order of Business". ." .,. .,. .,. ........, ... ,..,., ,.. ,.. ...." ...".,.. .,. .,. ." .,5
Agenda ... ." ... '" '" ." '" ... .., ... .., ... ... .,. ". .., ." ,.. ,., ,., .,. .., ... ,.. '" .,.6
Agenda Items ... ". ... ...,......... ,. ..".. ." .., ... ... .., ,.; .,. ,.. .,.... ... ...... .6-7
Public Hearings....,..,.."............,.,..".,.."..,..,....,.,.."."""..",...7
Ordinances on First Reading... ...... ... ......... ...... ...... ...... ... .... .....7-8
Time of Adjournment... . ., . ., .. , .., ." .., .,. ,.. , ., . ,. .., ,.. ., , " , .., , , , ,. , .". , .,8
Ordinances, Resolutions, and Motions..,... '" ..,.".,..".,. .,. ... ...... .,. ...,.. .,.8
Reconsideration .., .,.. ,. ..,... ... ... ,..... ." ..,.., ... ......, ,. .., ,.........., ....8
City Attorney to Approve... .. , .., .. . ... ,.. ... .,. ... ,.. ... ... ., , . .. ... .., .., ,. , . ..8-9
Citizens' Rights"........,...."..,."...".,..,......,."..,...,...,.........,....,......". 9
Citizens' Right to Speak.., ... ... ... ...... ... ..' ... ... .., ... .., ..' ... ... ... ... ...... 9
Citizens' Right to Speak on Agenda Items....................,....,.......... 9
Written Communications." ... ..' ." '., .., '" '" ". .,. .,. ... ,., ,., ." .,. ". ,.. ."..9
Suspension and Amendment of these Rules... .., .., ... ,.. ,.. .,. .,. ,...,. ... ... ....' ,9
Suspension of Rules.... " ... .,. .,. ". .., ...... ... '" '" ... .., ... ..., " .,. ." ...,...9
Amendment of Rules.,. ... '" ...", .,. .,. .., ...... ,.. .,. ,.. ...",.". '..... ,..,. ... .9-1 0
Review... '" ". '" .,. '" .., ...... ... ... ". .,. .., ... ....,. ". .,. ". .., .., .., ... ... ". ." ,10
Appropriations.. . . .. ... .., , . . .. . . ,. ." , ., ., , ,.. .. , .. . ... , .. , .. ... ... , , . ". .,. . .. . " ,.. ., . ,.. . . . .10
II
RULES OF ORDER AND PROCEDURE
FOR THE CITY COUNCIL
OF THE CITY OF WHEAT RIDGE COLORADO
AUTHORITY:
The Charter of the City of Wheat Ridge provides that the Council may determine its own
rules of procedure for meetings. The following set of rules shall be in effect upon their
adoption by the Council until such time as they are amended or new rules adopted in the
manner provided by these rules,
GENERAL RULES
A. ABSENCE FROM MEETINGS:
In the event that a Council Member is absent from a meeting, the member shall
notify the City Clerk, and the City Clerk will duly notify the City Council at the
beginning of the meeting why said Council Member is absent.
B. RIGHT OF THE FLOOR:
1, The presiding officer must first recognize each Council Member
requesting to speak on an agenda item unless limited by a motion to limit
debate or for calling the question,
2, Speakers shall confine themselves to the question under discussion. All
discussion must be germane to the agenda item.
3. Members of Council shall avoid personal attacks and refrain from
impugning the motives of any member's argument or vote.
4, Each Council Member shall have the right to speak two (2) times for up to
five (5) minutes each time to ask questions on each agenda item,
Answers to questions will be included in the time and the time will not be
cumulative. Before a vote, each Council Member shall have an additional
three (3) minute period to make a summation.
5, No Council Member shall be allowed to speak more than once upon any
one agenda item until every other member choosing to speak thereon
shall have spoken.
6. Once a vote has been taken, there shall be no further discussion on that
motion or Agenda Item unless a motion to reconsider is adopted.
7. In the event of an amendment, the maker of the amendment shall have
one (1)- three (3) minute period to make the amendment and speak to the
02/13/06
1
amendment. All other members of Council shall have one (1)- two (2)-
minute period to speak to the amendment.
C. ELECTED OFFICIALS' MATTERS:
This is the time that elected officials and staff may make comments on any
subject. Time limit per elected official and staff will be five (5) minutes.
D. CITY ATTORNEY:
The City Attorney, or acting City Attorney, shall attend all meetings of the
Council unless excused by the City Council and shall, upon request, give an
opinion, either written or oral, on the question of law.
E. CITY CLERK:
The City Clerk, or designated representative, shall attend all meetings of
Council and shall keep the official minutes.
F. PARLIAMENTARIAN:
1. The City Council President shall also function as the Council
Parliamentarian,
2. The Parliamentarian shall advise the Chair and members of Council on
parliamentary rules,
TYPES OF MEETINGS
A. BUSINESS MEETINGS:
1.
The Council meets in the Municipal Building for Business, Study,
Adjourned, and Special Meetings, unless otherwise specified.
2.
Council Business Meetings are held the second and fourth Mondays of
each month at 7:00 PM unless otherwise specified,
3.
Study Sessions are the first (1st) and third (3rd) Monday of each month
at 6:30 p,m., unless otherwise specified.
4.
Study Sessions shall be for the purpose of discussion of concepts and
ideas, No formal business shall be conducted, Consensus votes
during all Study Sessions are non-binding, and unless the issue is
disposed of at a Business, Adjourned, or Special Meeting, may be
amended or reconsidered in that or any future Study Session.
02/13/06
2
B. SPECIAL MEETINGS AND EMERGENCY MEETINGS:
Special meetings are called by the City Clerk on written request (Charter-Sec,
5,2).
C. ADJOURNED MEETINGS:
Any Meeting of the Council may be adjourned to a later date and time,
provided that no adjournment shall be for a period longer than the next
Council Business Meeting.
D. EXECUTIVE SESSIONS:
1. The Council may meet in Executive Session on a vote of a majority of
City Council in a regular business meeting (Charter-Sec 5.7).
2. No notes may be taken during an Executive Session except by the
City Clerk and/or City Attorney,
3. If at any time during the session, a Council Member feels that a matter
is being discussed other than that stated, that member should so state
and may request that the session be terminated. Upon consensus
vote of Council Members present, the session shall be terminated.
E. INFORMAL MEETINGS:
1. Five (5) or more members of Council may attend informal meetings
held for the purpose of acquiring information and discussion topics
provided that public notice of the meeting is posted in the location
establishing for posting of all Wheat Ridge meetings at least 72 hours
prior to the meeting, listing the topic of the meeting, its location, time,
and date. The location of this posting shall be the bulletin board
outside the City Court room in City Hall.
a) Copies of the notice shall be given to all City Council Members,
the City Clerk, at least 72 hours before the meeting.
2.
b) The City Clerk is responsible for the posting of the Meeting.
Any THREE or FOUR Council Members may attend informal meetings
held for the purpose of acquiring information and discussing topics.
SUCH MEETINGS MUST BE OPEN TO THE PUBLIC, BUT NO
NOTICE IS REQUIRED UNLESS FORMAL ACTIONS WILL BE
TAKEN.
02/13/06
3
3, Meetings involving no more than two Council Members, whether in
person or by telephone, shall not be subject to any of the requirements
in this Rule F.
4. In no event, shall any vote or other action or decision be taken. This
Rule (E) (4) shall not apply to standing Council Committees.
5. All Meetings shall be open to members of the public and the press,
F. ATTENDANCE AT MEETINGS OF OTHER ORGANIZATIONS AND SOCIAL
GATHERINGS:
1. The purpose for this rule is to permit the City to be represented by its
elected officials at meetings of other groups or organizations, including,
without limitations, intergovernmental organizations, neighborhood
organizations, business and service organizations, and other
organizations or groups with whom the City has a relationship,
2, Any member of Council and the Mayor may attend meetings of other
groups without prior notice, provided however, that any such meeting, if
attended by three or more members of the Council, is open to the public,
pursuant to Section 24-6-401, et seq., C,R.S,
3. Social gatherings, at which the discussion of public business is not the
central purpose, shall not be subject to any of the requirements of Rule F.
CHAIRMAN. MAYOR PRO-TEM. COUNCIL PRESIDENT AND THEIR DUTIES
A. CHAIRMAN:
1. The Mayor shall preside over the meetings of the Council.
2. In the absence of the Mayor, the Mayor Pro-Tem shall preside.
In the absence of both the Mayor and the Mayor pro-Tem, the
Council President shall preside,
B. MAYOR PRO- TEM
1.
At the first or second business meeting in November of each
year, the Council shall nominate, by paper ballot, and elect, by
motion upon a majority vote, a Council President and a Mayor
Pro Tem, who shall serve until their successor is elected,
2.
If presiding, the Mayor Pro-Tern shall have the voting privileges
of a regular Council Member.
02/13/06
4
C. COUNCIL PRESIDENT:
1, The Council President shall be elected at the same meeting as
the Mayor Pro-Tem and in the same manner as the Mayor Pro-
Tem,
2. The Council President's duties shall include reviewing and
setting the Agenda on Wednesday prior to Council Meetings
and determination of emergency items at Council Meetings,
The Council president shall have the authority to pull any item
off the Agenda with the exception of an item placed on the
Agenda by two (2) Council Members.
3. In the absence of the Council President, the Mayor Pro-Tem
shall review the Agenda,
4. The Council President shall arrange for, and coordinate the
orientation of all newly elected officials within two months after
the election.
D. PRESERVATION OF ORDER:
The Chairman shall preserve order and decorum, prevent personal
attacks or the impugning of members motives, confine members in
debate to questions under discussion, be responsible for conducting
meetings in an orderly manner, assure that the majority opinion may
be expressed and that the majority be allowed to rule.
E. POINT OF ORDER:
The Chairman shall determine all Points of Order, subject to the rights
of any Council Member to appeal to the Council.
ORDER OF BUSINESS AND THE AGENDA
A. ORDER OF BUSINESS
The general rule as to the Order of Business in regular Council
Business Meetings is stated thus:
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
PROCLAMATIONS AND CEREMONIES
CITIZENS RIGHT TO SPEAK
02/13/06
5
02/13/06
APPROVAL OF AGENDA
CONSENT AGENDA
PUBLIC HEARINGS, ORDINANCES ON 2ND READING, FINAL
SITE PLANS
ORDINANCES ON 1 ST READING
DECISIONS, RESOLUTIONS, AND MOTIONS
COMMITTEE REPORTS
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
EXECUTIVE SESSION (AS NEEDED)
ADJOURNMENT
B. AGENDA
1. The order of business of each meeting shall be as contained in the
Agenda prepared by the City Clerk,
2, For good cause shown, and by majority vote of the City Council during
any City Council meeting, the order of business for that meeting may
be changed. The City Manager and City Attorney may propose to add
items to the Agenda under "Approval of Agenda".
3. Agenda shall be listed by topic of subjects to be considered by the
Council and shall be distributed by 5:00 p,m. on the THURSDAY prior
to the Monday of Council Meetings. In the event of a holiday, the
material shall be distributed not later than noon on the FRIDAY prior to
the Monday meeting.
4. The City Clerk's Office shall be notified of the sequence of the
Agenda items by noon on the WEDNESDAY preceding the Monday
on which Council meets. All backup material and documents shall be
filed with the Clerk's office by 5:00 p.m. on that day in order to be
included in the Council packet.
5. ORDINANCES TO BE WRITTEN BY THE CITY ATTORNEY, OR
STAFF, SHALL BE APPROVED BY A MAJORITY VOTE OF
COUNCIL MEMBERS PRESENT, BEFORE IT CAN BE
INCLUDED IN THE AGENDA.
6. If a Council Member asks that an item be added to the Agenda, it
is the responsibility of that Council Member to provide backup
material for the Council packet as to the subject or arrange for that
backup material to be prepared. No item may be included in the
Agenda without proper backup,
6
02/13/06
7. A majority vote of City Council Members present may also add or
delete an item from the agenda at the beginning of the Council
Meeting. In Business Meetings, this must be done before Public
Hearings and Second Readings.
8. The first option of introducing Agenda items at a Council Meeting shall
go to a representative of the Council District to which the Agenda item
pertains. Council Agenda items not specific to a Council District may
be introduced by any member requesting such privilege from the Chair
in advance of the meeting or requesting to introduce the item at the
meeting.
C. AGENDA ITEMS
Each Council Member shall be allowed to originate only two (2) items per
month to be added to the Agenda of regularly scheduled Council Business
Meetings.
1. Standing Council committees may place items on council Agendas
for further action or discussion.
2. Motions made by Council Members, which are not in the Council
packet, must be submitted to the City Clerk and Mayor in writing
during the Council Meeting so it may be repeated, and included in the
minutes.
3. City Council Meeting (either by Council Members or City Manager),
These items can be requested for scheduling under the elected
officials portion of the agenda,
4, City Manager - administrative and operational items,
D. PUBLIC HEARINGS:
All speakers must sign up on the appropriate roster, indicating whether they
intend to speak in favor of, or in opposition to a particular Agenda Item, The
Council shall not entertain a motion for the final disposition of the matter until
the City staff and applicant have made their presentations, if any, and the
public hearing has been closed, provided, however, that motions regarding
the conduct, scheduling or continuation of the public hearing itself shall be
proper at any time.
E.
ORDINANCES ON FIRST READING
7
02/13/06
It is the goal and desire of City Council to allow all interested parties to
provide input during the Public Hearing/2nd Reading on all proposed
ordinances, A full, complete, and open discussion of all proposed ordinances
is encouraged during the Public Hearing.
Therefore, public comment and staff presentations will occur only during the
Public Hearing/2nd Reading. First Reading will be for the purposes of setting
proposed ordinances for publication, and establishing a date for the Public
Hearing/2nd Reading. Amendments to a proposed ordinance can be made
during a First Reading, following the guidelines for offering amendments in
the City Council Rules of Order and Proceed,
F. TIME OF ADJOURNMENT
At 11 :00 P.M., the City Council shall complete action on the Agenda item then
under discussion and shall adjourn the meeting, Prior to such adjournment,
the Council may take any or all of the following actions:
1. Acting by % majority vote, complete all or portions of the remaining
Agenda,
2. Acting by a majority vote, schedule any unfinished items for future regular
Council Business Meeting.
3. Acting by majority vote, continue the meeting to a later date and time
certain,
ORDINANCES. RESOLUTIONS. AND MOTIONS
A. RECONSIDERATON:
1. A motion to reconsider can be made only by a Council Member originally
voting with the prevailing side.
2, Such motions shall be made only at that or the next regularly scheduled
Council Business Meeting. A continued or rescheduled meeting shall be
considered at a next scheduled Council Business Meeting for the purpose
of Reconsideration.
3. If not reconsidered at that time, the issue cannot be placed on any agenda
for six (6) months.
4. A motion to reconsider shall require an affirmative vote of a majority of the
entire Council.
5, A COUNCIL MEMBER WHO HAS BEEN ABSENT FROM A PRIOR
MEETING MAY VOTE ON A RECONSIDERATION PROVIDED SUCH
COUNCIL MEMBER HAS LISTENED TO THE TAPE OF THAT AGENDA
ITEM IN THE CITY CLERK'S OFFICE PRIOR TO THE MOTION FOR
RECONSIDERATION.
B. CITY ATTORNEY TO APPROVE:
8
02/13/06
All Ordinances and Contracts shall be U Approved as to Form" by the City
Attorney.
CITIZENS'RIGHTS
A. CITIZENS' RIGHT TO SPEAK:
1. Any person may speak for a maximum of three (3) minutes on any
item other than Agenda items,
2, Speakers must sign the Public Comment Roster.
3. Citizens Right to Speak shall always precede all other official
business except Call to Order, Pledge of Allegiance, Roll Call,
Approval of Minutes and proclamations or Ceremonies,
4. There shall be no restriction on the number of citizens who wish to
speak.
S, The content of any speaker's comments cannot be censored.
6. Persons in attendance shall be allowed to donate time to other
speakers to a maximum of nine (9) minutes, including the three (3)
minutes the original speaker has.
7. The Chair will entertain no written comments unless a member of
the public is present to read them into the record. A Council
Member may read written comments into the record with the
approval of the majority of the Council present.
B. CITIZENS' RIGHT TO SPEAK ON AGENDA ITEMS:
Any person desiring to speak on an agenda item must sign the
appropriate roster in Council Chambers and confine their remarks to
the relative item, There shall be no time limit applied.
C. WRITTEN COMMUNICATIONS:
All written communications to Council must be signed. If not signed,
the written communications may not be accepted.
SUSPENSION AND AMENDMENT OF THESE RULES
A. SUSPENSION OF RULES:
Any provision of these Rules not governed by City Charter or
Code of Laws may be temporarily suspended by a three-
quarters (3/4) majority vote of Council Members present.
B.
AMENDMENT OF RULES:
9
These Rules may be amended, or new Rules adopted by a majority
vote of Council Members, provided that the proposed amendments or
new Rules shall have been submitted in writing to Council at a
preceding meeting,
C. REVIEW:
These Rules will be reviewed by Council within three months of an
election or filling of a vacancy of Member(s) of Council. Council may
review these Rules at any time upon request of any member of .
Council.
APPROPRIATIONS
Council cannot approve an appropriation under City Manager's
Matters, City Attorney's Matters, or Elected Officials' Matters,
02/13/06
10
ITEM NO:
~\
REQUEST FOR CITY COUNCIL ACTION
-'-~".,,,
-[:~,;;,\( "1
.'~. (~"."".
\~':;: ,. ',.,..,,
L~..~~
COUNCIL MEETING DATE:
November 27,2006
TITLE:
COUNCIL BILL 28-2006. AN ORDINANCE AMENDING SECTION
5-77 OF THE WHEAT RIDGE CODE OF LAWS TO ADOPT THE
2005 NATIONAL ELECTRICAL CODE.
~ PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date: October 23,2006)
I:8J ORDINANCES FOR 2ND READING
Quasi-Judicial: D
f/i~ mi
~
No
Community Development Director
~~
City Manag>"f ,.,.
EXECUTIVE SUMMARY:
This ordinance is to adopt the 2005 National Electrical Code (NEC), This is the most recent electrical
code to be adopted by the State of Colorado Electrical Board.
At first reading concern was expressed about one of the amendments that required all abandoned or
unused wiring and conduit to be removed. The ordinance was sent to study session on November 6,
2006 and consensus was reached to delete the amendment requiring removal of unused wiring and
conduit. This change has been made to the ordinance.
This code edition was reviewed and recommended for adoption by the Building Code Advisory Board
in a recent meeting.
Adoption of the code will require all new construction to be completed in accordance with the code.
Adoption implements Council's goals of preparing for growth and opptortunites by making
devlopment requirements known and ensuring better quality housing stock by implementing the lastest
electrical code.
COMMISSION/BOARD RECOMMENDATION:,
The Building Code Advisory Board has reviewed and approved the proposed code edition. The State
of Colorado is currently using the NEe 2005 for their electrical code. The current electrical code
used by the City is the NEC 2002 edition,
STATEMENT OF THE ISSUES:
The purpose of this Code is the practical safegarding of persons and property from hazards arising
from the use of electricity. This is an update to the 2002 National Electrical Code.
The amendment requiring removal of unused or abondoned wiring or conduit has been removed.
There are provisions in other codes that permit the Chief Builidng Official to require removal of
unused wiring or conduit if it presents a safety hazard.
ALTERNATIVES CONSIDERED:
Do not adopt the new electrical code.
FINANCIAL IMPACT:
There will be no financial impact to the City by adopting of this code,
RECOMMENDED MOTION:
I move to approve Council Bill 28-2006, an ordinance adopting the 2005 National Electric Code on
second reading, and that it take effect 15 days after final publication,
Report Prepared by: Chad Root
Reviewed by: Alan White
Attachments:
1. Council Bill 28-2006.
I:\Building\Codc changes\200S NEe CAF 2nd.doc
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 28-2006
Ordinance No.
Series of 2006
TITLE:
AN ORDINANCE ADOPTING THE NATIONAL
ELECTRICAL CODE 2005, NFPA 70: NATIONAL
ELECTRIC CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section 5-77 National Electrical Code, Wheat Ridge Code of Laws is hereby
amended as follows:
(a) Adopted, The National Electrical Code, ~ 2005 Edition, Copyright by the
National Fire Protection Association, Batterymarch Park, Quincy,
Massachusetts, 02269 is hereby adopted by reference thereto and incorporated
into this chapter as though fully set out herein as the electrical code for the
city, Except as otherwise provided in this chapter, such code is adopted in full,
including the index and annex contained therein. One copy of said National
Electrical Code shall be filed in the office of the clerk and may be inspected
during regular business hours,
(b) Amendrnents. The National Electrical Code, adopted by this section is hereby
amended as follows (section numbers refer to section numbers of the National
Electrical Code):
Section Article 31 0.2(b) is amended by adding a new sentence to read:
"Aluminum conductors under size 8 are not allowed."
&eettor. 3-31.12, "1J'-::;;:;c ~rc~-F-E:":r.i~-te::l," i:; ~~nded by the addition of the
fellJ'l/i::g-pY."agJPh-fBt
"tB) T3.8Se type: :k:::E 3~u:;:;d ir. a3:" group A, E, E., ~" ~, !, :;"'1, ~ GR:
D 1 "~~n-~"'f''' (as defined \...., f\...f' T Tn;-f"flT. \....,_;1 ding Cod^- 190.7 D ;l;+....C~) "
....... .... v--~Uf'_I..........J Jj ................ J 1:)...L0 .& J..::r....... _,.... ...- I ~'-C:L'CI n .
Article 517.2 Definitions is amended by adding a new sentence under the
definition for Health Care Facilities that states: Health Care facilities shall
include Hospices.
Article 300.1 Scope (A) All Wiring Installation is modified to read as follows:
300,1 Scope (A) All Wiring Installation. This article covers wiring methods
for all wiring installations unless modified by other articles,
ATTACHMENT 1
(c) Purpose. The purpose of this section is to provide minimum standards to
safeguard life or limb, health, property, and public welfare by regulating and
controlling the design, construction, quality of materials, use and occupancy,
location and maintenance of all buildings, structures and utilities and certain
equipment specifically regulated herein,
(d) Electrical permit fees, Electrical permit fees shall be as follows: All fees shall
be computed on the dollar value of the electrical installation, including time
and material (total cost to the customer) and such fees shall be computed
based upon Section 107 and Table I-A City of Wheat Ridge building permit
fees ef.t:hs lJ-::.;.foF.:T: Building Code at time of obtaining the pem1it.
( e) Items of work for which a permit is required under this chapter which are
commenced before a permit is secured shall be assessed fees for permits in
triple amounts prescribed in the permit's fee schedule. This penalty shall be in
addition the investigation fee referenced in section 107.5.1 ofthe Uniform
Building Code.
Section 2. Safetv Clause. The City Council hereby finds, determines, and declares that
this ordinance is promulgated under the general police power of the City of Wheat Ridge,
that it is promulgated for the health, safety, and welfare of the public and that this
ordinance is necessary for the preservation of health and safety and for the protection of
public convenience and welfare, The City Council further determines that the ordinance
bears a rational relation to the proper legislative object sought to be attained.
Section 3. Severabilitv: Conflicting Ordinances Revealed. If any section, subsection or
clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the
validity of the remaining section, subsections and clauses shall not be affected thereby.
All other ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 23rd day of October, 2006, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for November 27th. 2006, at 7:00 o'clock p.m., in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of , 2006
2
SIGNED by the Mayor on this
ATTEST:
Pamela Y. Anderson, City Clerk
1 st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
day of
,2006
JERRY DITULLIO, MAYOR
APPROVED AS TO FORM
GERALD DAHL, CITY ATTORNEY
3
ITEM NO: 3 ,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
November 27,2006
TITLE:
COUNCIL BILL 29-2006. AN ORDINANCE AMENDING THE
WHEAT RIDGE CODE OF LAWS BY ADDING SECTION 5-88 TO
ADOPT THE 2005 NATIONAL FIRE PROTECTION
ASSOCIATION 99, STANDARDS FOR HEALTH CARE
FACILITIES.
I2J PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date: October 23,2006)
~ ORDINANCES FOR 2ND READING
Quasi-Judicial: 0 I2J
Yes No
1JAA tilt ~
Community Development Director
CitY~~
EXECUTIVE SUMMARY:
This proposed ordinance adopts the National Fire Protection Association 99, Standards for Health
Care Facilities and makes one amendment to the standards to include hospices under the definition of
health care facilities.
This code edition was reviewed and accepted by both the Arvada and Wheat Ridge fire Districts. This
edition of the NFP A 99 was also adopted by the State of Colorado. The Building Code Advisory
Board reviewed the proposal and recommended adoption of the ordinance.
This item was presented to Council as a staff report at the June 19,2006 study session where Council
directed staff to bring forward the ordinance for first reading.
Adoption of the ordinance will implement Council's goal of preparing for growth and opprtunities by
adopting updated standards fo rhelath care facilities.
COMMISSION/BOARD RECOMMENDATION:,
The Building Code Advisory Board has reviewed and recommended adoption of the proposed code
edition.
STATEMENT OF THE ISSUES:
The State of Colorado is currently using the NFP A 99, Standards for Health Care Facilities. Currently
the City of Wheat Ridge has no codes that are adopted pertaining to Health Care Facilities.
This code is being adopted to establish criteria to minimize the hazards of fire, explosion, and
electricity in health care facilities providing services to the general public, The NFP A 99 is a sister
code to the 2005 NEe.
AL TERNA TIVES CONSIDERED:
Do not adopt the ordinance,
FINANCIAL IMPACT:
There will be no financial impact to the City by adopting this code edition.
RECOMMENDED MOTION:
"I move to approve Council Bill 29-2006, an ordinance adopting the NFP A 99, Standards for Health
Care Facilities on second reading, and that it take effect 15 days after final publication."
Report Prepared by: Chad Root
Reviewed by: Alan White
Attachments:
1. Council Bill 29-2006.
I:\Building\Code changes\2005 NFP A 9<) ard CAF 2nd.doc
TITLE:
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 29-2006
Ordinance No.
Series of 2006
AN ORDINANCE ADOPTING THE 2005 EDITION OF THE
NFPA 99 HEALTH CARE FACILITIES CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section 5 of the Wheat Ridge Code of Laws is hereby amended by the
addition of section 5-88 to read as follows:
(a) Adopted. The NFP A 99 Standards for Health Care Facilities 2005 Edition,
Copyright by the National Fire Protection Association, Batterymarch Park,
Quincy, Massachusetts, 02269 is hereby adopted by reference thereto and
incorporated into this chapter as though fully set out herein as the
electrical code for the city. Except as otherwise provided in this chapter,
such code is adopted in full, including the index and annex contained
therein, One copy of said Standards for Health Care Facilities 2005
Edition shall be filed in the office ofthe clerk and may be inspected during
regular business hours.
(b) Amendments. NONE
Section 2. Safetv Clause. The City Council hereby finds, detennines, and declares that
this ordinance is promulgated under the general police power of the City of Wheat Ridge,
that it is promulgated for the health, safety, and welfare of the public and that this
ordinance is necessary for the preservation of health and safety and for the protection of
public convenience and welfare, The City Council further determines that the ordinance
bears a rational relation to the proper legislative object sought to be attained.
Section 3. Severabilitv: Conflicting Ordinances Revealed, If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining section, subsections and clauses shall not be
affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to ~
on this 23rd day of October ,2006, ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge and Public Hearing and consideration on
ATTACHMENT 1
final passage set for November 27,2006, at 7:00 o'clock p,m., in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of , 2006
SIGNED by the Mayor on this
day of
,2006
JERRY DITULLIO, MAYOR
ATTEST:
Pamela Y. Anderson, City Clerk
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1 st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
2
ITEM NO: 4- I
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
November 27,2006
TITLE:
A REQUEST FOR A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR PROPERTY LOCATED AT 5220 QUAIL STREET
(CASE NO. WZ-06-08 & WS-06-02/WILSON)
r;gj PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1ST READING (Date:)
D ORDINANCES FOR 2ND READING
Quasi-Judicial:
[gj
Yes
D
No
j~ (jJkt
Community Development Director
City5t;;d
EXECUTIVE SUMMARY:
Wilson Community Development is requesting consideration of a Final Development Plan and Final
Subdivision Plat. The property is currently zoned Planned Residential Development (PRO) and is
located at 5220 Quail Street. The subject parcel is approximately 6,39 acres in size. A rezoning request
and Outline Development Plan were reviewed and approved by City Council in July 2006, The
existing Outline Development Plan allows single family residential. The site currently contains one
existing single family residence, which would be removed if these requests were approved,
The Final Plat subdivides the property into 25 buildable single family lots. Two new streets are being
dedicated to the City to serve the subdivision. Along the subject property frontage, Quail Street would
be improved from a two-lane dirt road to a paved roadway.
This request relates to City Council goals ofthe City being prepared for growth and opportunities and
providing quality housing stock.
Planning Commission heard the requests on November 16, 2006, and recommended approval of each
request with conditions,
COMMISSION/BOARD RECOMMENDATION:
Planning Commission heard the request on November 16, 2006, and recommended approval of each
request with some conditions. Staff and the applicant agree with all ofthe recommended conditions.
Final Development Plan
Planning Commission recommended approval of the Final Development Plan for the following
reasons:
I. The Final Development Plan meets the development standards as listed on the Outline
Development Plan,
2. The Final Development Plan meets the requirements for Final Development Plans, as
defined in Article III of the Code of Laws.
With the following condition:
1. The detention area shown as "tract B" on the Final Development Plan must consist of
sod ground cover. This tract shall be a partial credit towards the fee in lieu of parkland
dedication.
Final Plat
Planning Commission recommended approval of the Final Plat for the following reasons:
1, All requirements of the Subdivision Regulations have been met.
2. All required utility easements are being provided.
3. Adequate infrastructure will be constructed with the development to serve the proposed
use.
With the following conditions:
1. The drainage report shall be approvable prior to recordation of plat.
2. The lateral ditch serving Mr. Wheling to the west of Quail Street should not be
impeded or impinged by expansion of Quail Street. It is the developer's responsibility
to keep the ditch intact and functional during development of the site.
STATEMENT OF THE ISSUES:
Parkland dedication or a fee in lieu of parkland dedication is required with all residential subdivision
plats, More typically, a fee in lieu is paid, but in the past the City has allowed open space in a
subdivision as credit to the parkland dedication. The applicant has discussed the possibility of
including tract "B" as a landscaped amenity, which would then be a credit towards the parkland
dedication fee. The Final Development Plan shows hydro seed as the groundcover in this tract.
City Council should decide iftract B should be allowed as a partial or full credit towards the parkland
dedication fee. It should be noted that for the tract to be a fully functional open space area, sod should
be installed and play equipment should be included. Staff is recommending that the tract be treated
with sod and partial credit given. This tract will not be dedicated to the City; it will be maintained by
the established homeowner's association.
One neighbor did attend and speak at the Planning Commission hearing, This neighbor has water
rights in the ditch which runs on the west side of Quail Street. He was concerned about the impact to
his water rights with the widening of Quail Street. Quail Street will be widened to east, not to the west
towards the ditch. The widening should not impact the ditch. The applicant agreed to work with the
neighbor to ensure his water rights were not impacted.
AL TERNA TIVES CONSIDERED:
Do not approve the Final Development Plan and Final Plat.
FINANCIAL IMPACT:
The City has received a one-time application fee for the land use application. Building permit fees and
use taxes will be collected during construction of each single family structure. Once constructed, the
City will receive property tax revenue from the development.
RECOMMENDED MOTIONS:
There are two separate requests associated with this application. Two separate motions are required,
Final Development Plan
"I move to approve Case No. WZ-06-08, a request for approval of a Final Development Plan for
property located at 5220 Quail Street, for the following reasons:
1. The Final Development Plan meets the development standards as listed on the Outline
Development Plan.
2, The Final Development Plan meets the requirements for Final Development Plans, as
defined in Article III of the Code of Laws.
With the following condition:
1. The detention area shown as "tract B" on the Final Development Plan must consist of
sod groundcover. This tract shall be a partial credit towards the fee in lieu of parkland
dedication. "
Final Plat
"I move to approve Case No. WS-06-02, a request for approval of a twenty five lot subdivision
plat for property located at 5220 Quail Street, for the following reasons:
1. All requirements ofthe Subdivision Regulations have been met.
2. All required utility easements are being provided.
3. Adequate infrastructure will be constructed with the development to serve the proposed
use,
With the following conditions:
1. The drainage report shall be approvable prior to recordation of plat.
2. The lateral ditch serving Mr. Wheling to the west of Quail Street should not be
impeded or impinged by expansion of Quail Street. It is the developer's responsibility
to keep the ditch intact and functional during development ofthe site."
Report Prepared by: Travis Crane
Reviewed by: Alan White
Attachments:
1. Planning Commission Staff Report (with exhibits)
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Planning Commission
CASE MANAGER: Travis Crane
CASE NO. & NAME: WZ-06-08 & WS-06-02/Wilson DATE OF MEETING: November 16,2006
ACTION REQUESTED: A request for a Final Development Plan and Final Plat
LOCATION OF REQUEST: 5220 Quail Street
APPLICANT (S): Steve Wilson
OWNER (S): Charles and Jill Richardson
APPROXIMATE AREA: 278,650 sq. ft. (6.39 ac.)
PRESENT ZONING: Planned Residential Development (PRD)
ENTER INTO RECORD:
( )
(X)
(X)
COMPREHENSIVE PLAN
ZONING ORDINANCE
SUBDIVISION REGULATIONS
(X)
(X)
CASE FILE & PACKET MATERIALS
DIGITAL PRESENTATION
Subject
Property
~~ \ (\%-~~
low "",shy Ro.Id."tl.. V
Arvad a
-.jJlll/ IIIII1 !I' \ \1 I I\b:
Location Map
~
light Industrial
Arvad.
Low O..-sIIY RKldentla
....ad.
MNAOA
All notification and posting requirements have been met; therefore, there is jurisdiction to hear
this case.
ATTACHMENT 1
Planning Commission
WZ-06-08 & WS-06-02/Wilson
I. REQUEST
The applicant is requesting approval of a Final Development Plan and Final Subdivision Plat
(Exhibit 1, Letter of Request). The current Planned Residential Development zoning
designation allows single family residential uses, The applicant wishes to construct 25 single
family homes, The property contains an existing single family residence, which ultimately
would be removed. The applicant has received proper consent from the property owners to
pursue this application,
The property is bounded by Quail Street to the west and Ridge Road to the south, The property
slopes from northwest to southeast and is 6.3 acres in size.
II. FINAL DEVELOPMENT PLAN
The Final Development Plan (FDP) shows a general layout of the lots to be created by the plat,
street alignment, common landscape areas and typical building elevations (Exhibit 2, FDP),
The FDP conforms to the general layout and development standards as established in the
Outline Development Plan, The FDP does not detail plans for each individual lot. Any
structure constructed on the property will require a building permit. The permits will be
reviewed in accordance with the development standards established on the Outline
Development Plan.
Site Plan
Page two of the FDP shows a conceptual site layout. The lots are between 7,380 square feet
and 10,443 square feet in size, The average lot size in the subdivision is 7,895 square feet.
There are two tracts ofland shown directly north of Ridge Road which will be used for
detention. These tracts will be fully landscaped and maintained by the homeowner's
association.
Minimum Lot Size/Width
The ODP specifies that the minimum lot size shall be 6,250 square feet in size. The minimum
lot width shall be 25 feet at the frontage (the front property line) and 40 feet at the front setback
line. All lots meet the minimum lot size established on the Outline Development Plan,
Landscaping
The Final Development Plan addresses landscaping to be installed in common areas - the two
tracts of land to be used as detention facilities. There will be 18 trees located around the
perimeter oftract A and 15 trees located around the perimeter of tract B. Tracts A & B will be
fully landscaped. Each residential lot must conform to the landscape standards established on
the Outline Development Plan, which are consistent with the landscaping standards for
residential properties in the Code of Laws.
Elevations
Page 3 of the Final Development Plan shows some typical building elevations, These
elevations are representative of the standards established on the Outline Development Plan.
These are typical elevations - all proposed structures must meet the architectural standards
established on the Outline Development Plan, The Outline Development Plan requires a
minimum amount of brick or stone on the front elevation, staggered setbacks and increased
standards for houses adjacent to open space or right-of-way.
Planning Commission
WZ-06-08 & WS-06-02/Wilson
2
III. FINAL PLAT
The plat will subdivide the property into 25 lots to be developed with single family structures
(Exhibit 3, Final Plat). The number and size of lots are consistent with what was shown on the
Outline Development Plan, and all lots meet the minimum size requirements established on the
Outline Development Plan, There are 2 new roads shown on the plat: a new north/south road
called Pierson Court and a new east/west road called West 53rd Avenue, These new roads will
become dedicated right-of-way.
West 53rd Avenue is shown as being 25 feet wide. Chapter 26 states that any street proposed on
the boundary of a development may be 25 feet wide, or half the 'normal' right-of-way width of
50 feet. This street will be signed 'no parking', If the property to the north of the subject parcel
were to redevelop, the other half of the street would be constructed.
Pierson Court is shown with a total right-of-way width of 46 feet. Even though the Code
requires a minimum right-of-way width of 50 feet for neighborhood streets, the ability exists to
reduce the right-of-way width to as little as 40 feet. The 46-foot width will accommodate two
through lanes and parking on each side of the street.
The right-of-way widths for the new streets were shown on the Outline Development Plan, The
right-of-way widths shown on the Final Development Plan and Plat are consistent with the
widths shown on the Outline Development Plan,
There is additional right-of-way dedication required on Quail Street and Ridge Road. Twenty
five feet of right-of-way will be dedicated on the east side of Quail Street. Twenty feet of right-
of-way will be dedicated on the north side of Ridge Road, Curb, gutter and sidewalk will be
installed around the perimeter of the subdivision with one exception: only curb and gutter will
be constructed on the north side of West 53rd Avenue. Curb and gutter will be installed on the
west side of Quail Street.
Parkland Dedication
A fee in lieu of parkland dedication is required for any residential subdivision, The applicant
has indicated he might be amenable to create a park amenity in tract B. In the past, detention
areas have been treated as a credit towards the fee in lieu of parkland dedication, in effect
serving as a small amenity for the adjacent residents, Staff requests that if this tract B is to be
credited towards the parkland dedication fee, that sod be installed as the groundcover, The FDP
shows tract B to be covered with hydroseed, a surface which is not conducive to play areas.
Staff recommends that ifpartial credit is given for tract B towards this parkland dedication fee,
the tract should be landscaped with sod.
IV. AGENCY REFERRAL
All responding agencies have indicated that they can serve the property, and the applicant will
bear the cost of upgrading any service to the property.
A final drainage report and plan has been reviewed by the Public Works Department. While
some minor issues need to be resolved, Public Works is satisfied that the applicant will detain
all drainage onsite to be released at historic flow rates and will mitigate any negative impacts
to surrounding properties.
Planning Commission
WZ-06-08 & WS-06-02!Wilson
3
V. NEIGHBORHOOD MEETING
The required neighborhood meeting was held on March 15,2006. There were five attendees at
the neighborhood meeting. General questions ranged from roadway improvements proposed to
the effect on wells in the area, There was a large amount of discussion regarding the proposed
density. Some of the attendees felt that there would be too many lots created and one- or two-
acre lots would be more appropriate. A meeting synopsis has been included as Exhibit 4.
VI. STAFF CONCLUSION & RECOMMENDED MOTION(S):
Staff concludes that the Final Development Plan and Final Plat conform to the standards
established on the Outline Development Plan. Each request will require a separate motion.
FINAL DEVELOPMENT PLAN
OPTION A:
"I move to recommend APPROV AL of Case No. WZ-06-08, a request for approval of a Final
Development Plan for property located at 5220 Quail Street, for the following reasons:
1, The Final Development Plan is consistent with the Outline Development Plan.
2, The Final Development Plan meets the standards established in Chapter 26,
Article III of the Wheat Ridge Code of Laws,
With the following condition:
1, The detention area shown as "tract B" on the Final Development Plan must
consist of sod groundcover, This tract shall be a partial credit towards the fee in
lieu of parkland dedication,
OPTION B:
"I move to recommend DENIAL of Case No. WZ-06-08, a request for approval of a Final
Development Plan for property located at 5220 Quail Street, for the following reasons:
1.
"
Planning Commission
WZ-06-08 & WS-06-02/Wilson
4
FINAL PLAT
OPTION A:
"I move to recommend APPROV AL of Case No. WS-06-02, a request for approval of a 25-10t
subdivision plat for the property located at 5220 Quail Street, for the following reasons:
1, All requirements of the Subdivision Regulations have been met.
2, All required utility easements are being provided.
3, Adequate infrastructure will be constructed with the development to serve the
proposed use,"
With the following condition:
1. The drainage report shall be approvable prior to recordation of the plat.
OPTION B:
"I move to recommend denial of Case No, WS-06-02, a request for approval of a 25-10t
subdivision plat for the property located at 5220 Quail Street, for the following reasons:
1.
"
Planning Commission
WZ-06-08 & WS-06-02/Wilson
5
WILSON
COMMUNITY DEVELOPMENT
September 19, 2006
Mr. Travis Crane
Senior Planner
City of Wheat Ridge
Dear Travis,
I am pleased to submit this application for approval of Quail ridge Final Plat and Final
Development Plan together with required fees and supporting material and plans,
This application and plans are consistent with the City's recent approval of the Rezoning
and Overall Development Plan for the same property.
Weare not seeking City approval of detailed construction plans at this time. However, at
the urging of Dave Brossman, we have included with our application fairly detailed
engineering plans and supporting, detailed studies for drainage, utilities and streets. Mr,
Brossman urged us to submit plans that are sufficiently detailed as to allow staff to
determine the overall feasibility of the Final Plan and FDP, without having to review
'final' engineering and construction plans prior to Planning Commission and Council
consideration of our Final PlatlFDP application,
I am looking forward to working with you and other City staff on the City's review of
this application.
Sincerely,
~~~
Cc: Charles, Jill Richardson
EXHIBIT 1
162 S. Corona St. · Denver, CO 80209
(303) 345-5019. Email: wilsoncd@qwest.net
ITEM NO: 5,
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE:
November 27,2006
TITLE:
COUNCIL BILL 30-2006, AN ORDINANCE AMENDING SECTION
5-84 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO
THE PRESCRIPTIVE ENERGY CODE (CASE NO. WCA-06-05)
o PUBLIC HEARING
D BIDS/MOTIONS
o RESOLUTIONS
~ ORDINANCES FOR 1 ST READING (Date: November 27,2006)
o ORDINANCES FOR 2ND READING
Quasi-Judicial: D
~wii
~ommunity Development Director
I:8J
No
~ O-,Y"e/
CityMana~ i.
EXECUTIVE SUMMARY:
Council adopted the 2003 International Building Codes in 2004, including the 2003 International
Energy Conservation Code (IECC). As an option to complying with the International Energy Code,
the City adopted the Prescriptive Energy Code. The Prescriptive Energy Code allows an owner to
install a 90% efficient furnace in lieu of performing the energy audits (RES check or COMcheck)
required under the IECC.
This item was discussed by Council at a study session on November 6, 2006. The consensus of
Council was to bring forward an ordinance amending the Prescriptive Energy Code to require correct
sizing of furnaces under ACCA/ ANSI Manual J and the performance of REScheck or COMcheck.
Exemptions from the requirements would be allowed in cases of hardship as determined by the
Building Official. The sizing requirement in combination with performing REScheck or COMcheck
provides several options for owners to consider in meeting the energy conservation requirements of the
code when replacing furnaces. The proposed ordinance amends the prescriptive energy accordingly.
Adoption of this ordinance implements Council's goals of providing better quality housing stock and
planning for growth and opportunities.
COMMISSION/BOARD RECOMMENDATION:
The Building Code Advisory Board recommended adoption of the Prescriptive Energy Code with the
90% efficient furnace option.
STATEMENT OF THE ISSUES:
Other than requiring contractors to perform the necessary calculations to install the correct size furnace
(in terms ofBTUs), the proposed ordinance essentially reverts to the IECC for energy conservation
requirements, meaning that the performance of RES check and COMcheck would be required. This is
exactly the requirement now which does not seem to meet the entire intent of Council's study session
discussion and consensus.
There has been significant misinformation circulating about the City's requirement. The current
requirement is that REScheck and COMcheck must be performed. In lieu ofthis, an owner can opt to
use a 90% furnace, or request a hardship determination. REScheck and COMcheck allow 80%
furnaces to be used if the entire structure receives a passing grade. This could include replacing
windows, installing storm doors, and performing any number of energy saving actions while using an
80% furnace. Many owners and contractors do not want to take the time to perform these audits and
possibly will not have the information to completely perform REScheck.
The cost of the 90% furnaces has been a major concern. Some ofthe additional cost is the cost of the
unit, but also the cost of installing new venting, The installation of an 80% furnace might require the
installation of new venting as well, increasing the cost of an 80% furnace. Also, we heard from the
furnace supplier that many contractors simply replace a furnace with the same size (BTU) furnace as
was removed. It could be that the cost of a smaller 90% furnace would equal the cost of a larger 80%
furnace,
Other options presented in the staff memo for the study session included:
. Requiring 90% furnaces for new construction only, and
. Repealing the International Energy Conservation Code, effectively having no requirement.
ALTERNATIVES CONSIDERED:
1. Require 90% furnaces only for new construction. All replacements would be allowed to be 80%.
2. Allow 80% furnace replacements for owner-occupied units only. Require 90% furnaces for new
construction, rental unit replacements, and all commercial replacements, unless REScheck or
COMcheck is performed.
3. Require 80% furnaces in all instances.
Staffrecommends requiring 90% furnaces for all new construction, unless REScheck or COMcheck
indicates an 80% furnace will meet the requirements ofthe IECC. All replacements would be allowed
to be 80% furnaces. In all instances, sizing ofthe furnace would be required by the contractor. The
Building Official would be authorized to make hardship determinations as is now the case.
I:\Building\Code changes\PEC Amendment 1st CAF.doc
FINANCIAL IMPACT:
There could be a change in the amount of building permit revenue and use tax collected by the City,
but it is difficult to predict if it will be an increase or decrease.
RECOMMENDED MOTION:
"1 move to adopt Council Bill 31-2006 on first reading, order it published, second reading set for
Monday, December 11, 2006 at 7:00 p.m, in the City Council Chambers, and that it take effect 15 days
after final publication."
To amend the ordinance as proposed, add one of the following amendments:
Option A:
90% furnaces shall be required for all new construction, unless REScheck or COMcheck indicates an
80% furnace will meet the requirements ofthe IECC, All replacement furnaces will be allowed to be
80% furnaces. In all instances, sizing of the furnace will be required by the contractor. The Building
Official is authorized to make hardship determinations,
Option B:
80% furnace replacements shall be allowed only for owner-occupied units. 90% furnaces shall be
required for new construction, rental unit replacements, and all commercial replacements, unless
REScheck or COMcheck indicates an 80% furnace will meet the requirements of the IECe. In all
instances, sizing of the furnace will be required by the contractor. The Building Official is authorized
to make hardship determinations.
Option C:
80% furnaces shall be required for all new construction and replacement installations,
Report Prepared by: Alan White, Community Development Director
Reviewed by:
Attachmen ts:
1, Study Session Minutes
2. Council Bill 30-2006
1:\Bui1ding\Code changes\PEC Amendment 1st CAF.doc
....---'
STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO
November 6. 2006
Mayor DiTullio called the Study Session Meeting of November 6, 2006 to order at 6:30 p.m.
Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda
Sang, Larry Schulz, Mike Stites, and Terry Womble. Also present: Deputy City Clerk, Christa
Jones; City Manager, Randy Young; Chief of Police, Dan Brennan; Director of Community
Development, Alan White; Chief Building Inspector, Chad Root; Building Code Advisory Board
members: Sharon Younger, Kenneth Adams, Ralph Santangelo, John Kellow and James
Molnar.
Item 1.
Staff Reports
a) Resolution Methamphetamine Clean-up
b) Radio System - Signal Amplifier at Wheat Ridge Middle
School
c) Proposed Police Mobile Incident Command Post
a) Chief Brennan asked for consensus to move forward with a Resolution to
designate the JCDHE as the governing body over methamphetamine lab cleanup
as described in 25-18.5. Consensus was 8 in favor.
b) Chief Brennan asked for consensus to move forward with a Resolution
implementing the BDA project utilizing existing city funds from the radio project
reserves. Consensus was 8 in favor.
c) Chief Brennan asked for consensus to remodel and equip an existing police
department vehicle as a Command Post multi-functioning vehicle and bring this
forth as a budget amendment item. Consensus was 8 in favor.
Item 2.
Furnace & Shingles Code (Joint Meeting with Building Code Advisory
Board)
Item 3.
Council Bill 38-2006 - An Ordinance Adopting the National Electrical Code
2005, NFPA 70: National Electric Code
Chad Root gave a power point presentation on shingles, furnaces and wiring.
Mike Denison of Trane Heating and Cooling Systems gave presentation on furnaces.
ATTACHMENT 1
_------.....--~,(fj'f>'\~~1<,!f;:'~~'I'.l,:"'";'!~,.7f<'S;,'
""~;.-.,~~{: .:.-~, .::" 'f~,';:;'.'r ~~./ ,:
"j;.,
STUDY SESSION NOTES: November 6, 2006
Page -2-
Questions and comments followed.
Mr. White suggested that instead of having the 90% requirement, language be added to say Perforr
RES check or COM Check and he is trying to bring in the load calculations as well. Put that in as th
2 options in the Prescriptive Energy Code. Then it is truly is a choice. Do your load calculations ani
maybe only need a 70% or 80% furnace to meet the load calculation. That in combination with ston
doors gets you past RES check. It would give all kinds of options to meet the National Energy COdE
We don't want to repeal the International Energy Conservation Code.
Consensus was 8 in favor to look at Mr. White's recommendations on first reading.
Council member Berry asked for consensus to create two different wind zones (110 and 100 mph) fc
different areas of the City as outlined in the study. Consensus was 8 in favor.
Councilmember Gokey asked for consensus to pass the NEC in its original entirety, excluding the
removal of conduit and extra wire. Consensus was 5 in favor with the Mayor breaking the 4-4 ti
Consensus was 8 in favor to bring this back to Council at Mr. White's discretion.
Item 4.
Regulation of Social Clubs
Chief Brennan and Alan White presented the staff report. Consensus was 8 in favor
to have the City Attorney, Alan White and Chief Brennan work on an Ordinance
addressing both zoning changes and licensing requirements and bring it back to City
Council for discussion.
Item 5.
Code Enforcement Administrative Hearings
Chief Brennan, Alan White and Kersten Armstrong presented the staff report.
Consensus was 8 in favor to bring this forward to a study session in form of a program
for Council to look at.
Meeting adjourned at 10:05 p.m.
~~~~
Christa Jones, Deputy Cit~lerk
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 30-2006
Ordinance No.
Series of 2006
TITLE:
AN ORDINANCE AMENDING SECTION 5-84 OF
THE WHEAT RIDGE CODE OF LAWS
PERT AINING TO THE PRESCRIPTIVE ENERGY
CODE.
WHEREAS, the City Council of the City of Wheat Ridge finds it in the public
interest to encourage energy conservation; and
WHEREAS, the City Council adopted a Prescriptive Energy Code in December
2004 which went into effect in January 2005; and
WHEREAS, the City Council desires to amend said Prescriptive Energy Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Section 5-84(b) of the Wheat Ridge Code of Laws is hereby amended
as follows:
(b) Amendments. The energy conservation code adopted by this section is hereby
amended, , . . .
Chapter 1. Administration
101.2 Scope
Exception:
1. Builder may use the City of Wheat Ridge Prescriptive Energy Code as
adopted by the City of Wheat Ridge instead of the 2003 Energy Conservation
Code.
The Prescriptive Energy Code requirements for the City of Wheat Ridge are listed below.
In lieu of compliance with the Prescriptive Energy Code, energy calculations provided by
a registered Colorado Engineer demonstrating compliance with the International Energy
Code will be accepted prior to issuance of a building permit.
ATTACHMENT 2
1:\Building\Code changes\PEC Amendment
Space Heating System Performance
Gas Furnaces
Gas boilers (including snow melt boilers)
9()o/v L'\E.JE Sized according to
ACCAI ANSI Manual J and meet
REScheck or COMcheck
~...F~S Sized according to
ACCAI ANSI Manual J and meet
REScheck or COMcheck
Section 2, Safetv Clause. The City Council hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of
Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and
that this ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare, The City Council further determines that
the ordinance bears a rational relation to the proper legislative object sought to be
attained.
Section 3, Severabilitv; Conflicting Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining section, subsections and clauses shall not be
affected thereby, All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed,
Section 4. Effective Date, This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
to on this day of , 2006, ordered published in full in a
newspaper of general circulation in the City of Wheat Ridge and Public Hearing and
consideration on final passage set for ,2006, at 7:00 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of to , this day of , 2006
SIGNED by the Mayor on this
day of
,2006
JERRY DITULLIO, MAYOR
1:\Building\Code changesIPEC Amendment Ord,doc
ATTEST:
Pamela Y. Anderson
1st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
I:\Building\Code changes\PEC Amendment Ord.doc
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
ITEM NO: C; I
REQUEST FOR CITY COUNCIL ACTION
~.~...........
~~
COUNCIL MEETING DATE:
November 27,2006
TITLE:
COUNCIL BILL 31-2006~ AN ORDINANCE AMENDING SECTION
5-85 OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO
THE INTERNATIONAL RESIDENTIAL CODE (CASE NO. WCA-
06-06)
o PUBLIC HEARING
o BIDS/MOTIONS
o RESOLUTIONS
I:8J ORDINANCES FOR 1 ST READING (Date: November 27,2006)
o ORDINANCES FOR 2ND READING
Quasi-Judicial: D [8J
Yes No
j(~~
CitrM~~
Community Development Director
EXECUTIVE SUMMARY:
Council adopted the 2003 International Building Codes in 2004, including the 2003 International
Residential Code (IRC). Chapter 3 of that Code establishes the requirements for building planning
and an amendment approved at the time of adoption was a wind speed of 110 miles per hour, 3-second
wind gust. The 3-second wind gust was a new measure of wind speed adopted in the international
codes. Previous codes used a sustained wind speed.
This amendment was adopted because the IRC indicates that the Front Range is in a special wind
region. The 110 mph requirement comes from the results of a wind study commissioned by a number
ofPront Range communities in 2005. This study concluded that about half of the City was susceptible
to 3-second wind gusts of 110 miles per hour.
This item was discussed by Council at a study session on November 6, 2006. The consensus of
Council was to bring forward an ordinance amending the IRC to create two wind load requirements in
the City: 110 miles per hour west of Kipling and 100 miles per hour east of Kipling. The proposed
ordinance amends the prescriptive energy accordingly.
Action on this item implements Council's strategic goals of providing better quality housing stock and
planning for growth and development.
COMMISSION/BOARD RECOMMENDATION:,
The Building Code Advisory Board recommended adoption of the 110 miles per hour requirement.
STATEMENT OF THE ISSUES:
At the time of adoption ofthe 3-second wind gust standard, many products had not been tested. Now
that tests have been completed, many products now meet the 110 mph 3-second wind gust
requirement.
The dividing line between the 110 and 100 mph zones is Kipling, Golden and Lakewood have
adopted 100 mph, Arvada has four zones.
The 110 standard requires all structures to be engineered, including all wood-frame structures such as
single family structures and additions, carports, garages, sheds, and other minor structures, The 100
mph standard does not.
The adoption of two wind speeds for the City, while technically implementing the results ofthe wind
study, will create confusion for the contracting community and staff. Retaining the 110 mph standard
will result in half of the City being over-designed and a 100 mph standard will result in half the City
being under-designed.
The wind speed requirement affects other areas of building planning, not just shingles. Other areas
affected are the structure, windows, sheer walls, and uplift on porches and carports. The design of
membrane structures and signs is also affected,
Other options presented in the staff memo for the study session included:
. Retain the 110 mph requirement.
. Lower the requirement to some other wind speed citywide,
ALTERNATIVES CONSIDERED:
1. Retain the 110 mph, 3-second wind gust standard.
2, Create two different zones as in the proposed ordinance.
3. Lower the requirement to 100 mph, 3-second wind gust.
Staff recommends that one standard be adopted for the entire City: 100 miles per hour, 3-second wind
gust, exposure C. Exposure C requires engineering for any structure over three stories,
FINANCIAL IMPACT:
There will be no financial impact to the City as a result of adopting this ordinance,
1:\Building\Code changes\Res Wind Speed Amendment 1st CAF.doc
RECOMMENDED MOTION:
"I move to approve Council Bill 31-2006 on first reading, order it published, pubic hearing set for
Monday, December 11,2006 at 7 :00 p.m. in the City Council Chambers, and that it take effect 15 days
after final publication."
To amend the ordinance as proposed, add one of the following amendments:
Option A:
Wind speed is 100 mph, 3-second wind gust, exposure C,
Option B:
To keep the wind speed citywide at 110 mph, 3 second wind gust, the motion should be to table the
council bill indefinitely.
Report Prepared by: Alan White, Community Development Director
Reviewed by:
Attachments:
1. Study Session Minutes
2. Council Bill 31-2006,
1:\Building\Code changes\Res Wind Speed Amendment 1st CAF.doc
.---'
STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO
November 6. 2006
Mayor DiTullio called the Study Session Meeting of November 6, 2006 to order at 6:30 p.m.
Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Lena Rotola, Wanda
Sang, Larry Schulz, Mike Stites, and Terry Womble. Also present: Deputy City Clerk, Christa
Jones; City Manager, Randy Young; Chief of Police, Dan Brennan; Director of Community
Development, Alan White; Chief Building Inspector, Chad Root; Building Code Advisory Board
members: Sharon Younger, Kenneth Adams, Ralph Santangelo, John Kellow and James
Molnar.
Item 1.
Staff Reports
a) Resolution MethamphetamirlE} Clean-up
b) Radio System - Signal Amplifier at Wheat Ridge Middle
School
c) Proposed Police Mobile Incident Command Post
a) Chief Brennan asked for consensus to move forward with a Resolution to
designate the JCDHE as the governing body over methamphetamine lab cleanup
as described in 25-18.5. Consensus was 8 in favor.
b) Chief Brennan asked for consensus to move forward with a Resolution
implementing the BDA project utilizing existing city funds from the radio project
reserves. Consensus was 8 in favor.
c) Chief Brennan asked for consensus to remodel and equjp an existing police
department vehicle as a Command Post multi-functioning vehicle and bring this
forth as a budget amendment item. Consensus was 8 in favor. '
Item 2.
Furnace & Shingles Code (Joint Meeting with Building Code Advisory
Board)
Item 3.
Council Bill 38-2006 - An Ordinance Adopting the National Electrical Code
2005, NFPA 70: National Electric Code
Chad Root gave a power point presentation on shingles, furnaces and wiring.
Mike Denison of Trane Heating and Cooling Systems gave presentation on furnaces.
ATTACHMENT 1
_________,.....,' ""'-""!""<""';t~iI$l""~'~Wi~'Il!i'~"'';!!l\'';~~^~
V",:.,:, ~~
.,~';:..._1~;,:.'
STUDY SESSION NOTES: November 6, 2006
Page -2-
Questions and comments followed.
Mr. White suggested that instead of having the 90% requirement, language be added to say Perforr
RES check or COM Check and he is trying to bring in the load calculations as well. Put that in as th
2 options in the Prescriptive Energy Code. Then it is truly is a choice. Do your load calculations an
maybe only need a 70% or 80% furnace to meet the load calculation. That in combination with ston
doors gets you past RES check. It would give all kinds of options to meet the National Energy COdE
We don't want to repeal the International Energy Conservation Code.
Consensus was 8 in favor to look at Mr. White's recommendations on first reading.
Councilrnember Berry asked for consensus to create two different wind zones (110 and 100 mph) fc
different areas of the City as outlined in the study. Consensus was 8 in favor.
Councilrnember Gokey asked for consensus to pass the NEC in its original entirety, excluding the
removal of conduit and extra wire. Consensus was 5 in favor with the Mayor breaking the 4.4 ti
Consensus was 8 in favor to bring this back to Council at Mr. White's discretion.
Item 4.
Regulation of Social Clubs
Chief Brennan and Alan White presented the staff report. Consensus was 8 in favor
to have the City Attorney, Alan White and Chief Brennan work on an Ordinance
addressing both zoning changes and licensing requirements and bring it back to City
Council for discussion.
Item 5.
Code Enforcement Administrative Hearings
Chief Brennan, Alan White and Kersten Armstrong presented the staff report.
Consensus was 8 in favor to bring this forward to a study session in form of a program
for Council to look at.
Meeting adjourned at 10:05 p.m.
.~~~~
Christa Jones, Deputy Cit~lerk
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 31-2006
Ordinance No.
Series of 2006
TITLE:
AN ORDINANCE AMENDING SECTION 5-85 OF
THE WHEAT RIDGE CODE OF LAWS
PERTAINING TO THE INTERNATIONAL
RESIDENTIAL CODE.
WHEREAS, the City Council of the City of Wheat Ridge finds it in the public
interest to provide minimum standards for the construction of residential structures in the
City; and
WHEREAS, the City Council adopted a the International Residential Building
Code in December 2004 which went into effect in January 2005; and
WHEREAS, the City Council desires to amend said Residential Building Code.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO, THAT:
Section 1. Section 5-85(b) of the Wheat Ridge Code of Laws is hereby amended
as follows:
(b) Amendments. The residential code adopted by this section is hereby amended
as follows. . . . ,
Chapter 1. Administration
Chapter 3. Building Planning
R301.2 Table301.2. Add to table as follows:
Wind speed is 110 mph 3 second wind gust west of Kipling Street and 100 mph
east of Kipling Street
Section 2. Safetv Clause. The City Council hereby finds, determines, and
declares that this ordinance is promulgated under the general police power of the City of
Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and
that this ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that
1:\8uilding\Codechanges\Res Wind Speed A TT A CHMENT 2
the ordinance bears a rational relation to the proper legislative object sought to be
attained,
Section 3. Severabilitv: Conflicting Ordinances Repealed, If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise
invalid, the validity of the remaining section, subsections and clauses shall not be
affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 4. Effective Date. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
to on this day of , 2006, ordered published in full in a
newspaper of general circulation in the City of Wheat Ridge and Public Hearing and
consideration on final passage set for ,2006, at 7:00 o'clock p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final
reading by a vote of to , this day of , 2006
SIGNED by the Mayor on this
day of
,2006
JERRY DITULLIO, MAYOR
ATTEST:
Pamela Y. Anderson
APPROVED AS TO FORM BY CITY ATTORNEY
GERALD DAHL, CITY ATTORNEY
1 st Publication:
2nd Publication:
Wheat Ridge Transcript
Effective Date:
1:\Building\Code changes\Res Wind Speed Amendment Ord.doc
ITEM NO: 7 I
REQUEST FOR CITY COUNCIL ACTION
~~
COUNCIL MEETING DATE:
November 27, 2006
TITLE:
CITY COUNCIL APPOINTMENTS TO VARIOUS
METROPOLITAN BOARDS AND AGENCIES
o PUBLIC HEARING
~ BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi-Judicial: 0 ~
Yes No
('~ClA>>oc~Oc~
'eity Clerk ( ----,.
~ t..:)....Y e: I
City Manapi (
EXECUTIVE SUMMARY:
City Council appointments of representatives to metropolitan boards and agencies are required each
year, Appointments to the Denver Regional Council on Government (DRCOG), Jefferson County
Housing Authority, Jefferson County Community Development Block Grant (CDBG) Committee,
Jefferson County Board of Corrections, Police Seizure Fund and Jefferson Economic Council (JEC),
and Wheat Ridge 2020 will be made by City Council. Attachment I is a list describing each of the
boards and agencies,
COMMISSION/BOARD RECOMMENDATION:.
N/A
STATEMENT OF THE ISSUES:
In order for the Council appointee terms to coincide with the Wheat Ridge 2020 Board Elections,
the appointment for the I-year term will be made in November, with the appropriate term dates
and all future terms to be established accordingly, The City Clerk received a memorandum of
interest for re-appointment to Wheat Ridge 2020 from Councilor Karen Berry, and emails of
interest from Councilors Dean Gokey and Wanda Sang (see attqachments).
ALTERNATIVES CONSIDERED:,
Not designate a City of Wheat Ridge representative to the various metropolitan boards/agencies.
FINANCIAL IMPACT:
N/A
RECOMMENDED MOTION:
"I move to appoint to serve as the City's representative to DRCOG"
(Current- Larry Schulz; Alternate- Karen Berry)
"I move to appoint
Housing Authority,"
(Current- Lena Rotola)
to serve as the City's representative to Jefferson County
"I move to appoint to serve as the City's representative to the Jefferson
County Community Development Block Grant Committee."
(Current- Lena Rotola)
"I move to appoint
County Board of Corrections."
(Current- Janelle Shaver)
to serve as the City's representative to the Jefferson
"I move to appoint
Seizure Fund."
(Current- Mike Stites)
to serve as the City's representative to the Police
"I move to appoint to serve as the City's representative to the Jefferson
Economic Council."
(Current- Mayor DiTullio; Alternate: Karen Adams)
"I move to appoint to serve as the City's representative to the Jefferson
County- Wide Transportation Committee,"
(Current- Mayor Ditullio; Alternate: Larry Schulz)
"I move to appoint to serve as the City's representative to the Wheat
Ridge 2020 Executive Board, term to expire upon new Board Elections in December, 2007,"
or,
"I move to not appoint a representative from the City of Wheat Ridge to any particular board of all
"
Attachments:
I. Board! Agency Descriptions.
2. Berry Letter of Interest (Wheat Ridge 2020),
3, Gokey Email of Interest (Wheat Ridge 2020),
4. Sang Email of Interest (Wheat Ridge 2020).
Report Prepared by: Pam Anderson
Reviewed by: Randy Young
CITY OF WHEAT RIDGE
METROPOLIT AN BOARD/AGENCY APPOINTMENTS
Denver Re!!ional Council on Government IDRCOG):
The Denver Regional Council of Governments or DRCOG (pronounced Dr. COG) is a
voluntary association of 50 county and municipal governments in the Greater Denver
area. Through DRCOG, local governments work to address issues of regional concern.
Those issues include growth and development, transportation, the environment, provision
of services to the region's older population, and analysis of economic and development
trends. Besides promoting regional cooperation and coordination among local
governments, DRCOG resolves problems, performs regional planning, and provides
services to its members. Each member local government has an elected official as its
representative on the Board of Directors. Voting membership is restricted to local elected
officials: county commissioners, mayors, city council members or trustees.
DRCOG meets the 3rd Wednesday of the month at 7:00 p.m. (sub-committees and
one day-long retreat) Current member: Larry Schulz; Karen Berry, alternate.
Jefferson County-wide Transnortation Committee
This committee addresses county transportation issues, i.e. Northwest Corridor Plan.
Meets the 4th Wednesday of the month. Current member: Mayor DiTullio; Larry
Schulz, alternate,
Jefferson County Housin!! Authoritv
The mission of the JeffCo Housing Authority "After assessing the needs, provide
affordable housing throughout Jefferson County to the greatest number of eligible people
in the most efficient and cost-effective manner".
Meets the 3rd or 4th Wednesday of the month at 11:30 a.m. Current member: Lena
Rotola.
Community Develonment Block Grant Committee (CDBG)
The CDBG Committee is a federally funded grant that was created to improve the
physical, economic and social conditions for low and moderate-income residents or low-
income areas of Jefferson County. The grants may be used for: acquisition, disposition,
and rehabilitation, new construction of property, public facilities improvements, urban
renewal completion, relocation, home ownership, and housing services.
- 2-
Usually meets the 4th Thursday of the Month from 3:00-4:30 p.m. Current member:
Lena Rotola.
*Note: It is recommended that the same individual serves on the Jefferson County
Housing Authority and the CDBG Committee as they are related committees.
Jefferson Countv Board of Corrections
The Community Corrections unit screens and recommends placement of adult and
juvenile offenders diverted from incarceration and monitors offender progress and
program compliance. The unit also contracts with private community corrections service
providers for residential and non-residential services. Community Corrections supports
two volunteer boards appointed by the Jefferson County Board of Commissioners.
Information on offenders referred to Community Corrections is prepared and presented to
the Board of Corrections, The decisions of the Board are communicated to the courts, the
Department of Corrections and the Division of Youth Corrections.
Current Member: Janelle Shaver
Police Seizure Fund
Beginning with 1990, all proceeds from seizures and forfeitures of property pursuant to
C.R.S. 16-13-501 ("Colorado Forfeiture Act') are required to be placed in a separate fund
and used solely by the Police Department for purposes other that normal operating needs.
Meets periodically. Current member: Jerry D:~ulliot1Ik.--t' Sti k-s
Jefferson Economic Council (JEe)
The JEC is a public/private not-for-profit partnership serving Jefferson County and is one
of the oldest and largest economic development organizations in Colorado. The JEC
concentrates on creating, expanding, and retaining high-paying primary jobs that fuel the
economic health and vitality of our community. A 36-member Board of Directors,
consisting of21 voting members and 15 ex-officio members governs the JEC. The Board,
representing a broad spectrum of industries and city/county government, help shape and
direct economic policy in Jefferson County and the metro area, Members ofthe Board of
Directors also serve on several volunteer committees that guide the operations of the JEC
and study and act on business issues in Jefferson County, The appointment is an elected
official.
Meets on the 3rd Friday of the month; 7:30-9:30 p.m. Current member: Mayor
DiTullio; Karen Adams, Alternate.
- 3 -
Wheat Ridee 2020
Wheat Ridge 2020 is a community-based, nonprofit development corporation created to
facilitate and partner in neighborhood and commercial projects that implement the
Neighborhood Revitalization Strategy (NRS) adopted by Wheat Ridge City Council in
July 2005. Comprised of nine specific strategies, the NRS provides guiding principles for
future development to make Wheat Ridge a thriving community of choice.
Meets monthly at 7:30 a.m. on a week-day. Current Members: Karen Adams (2 year
term, 02/08), Karen Berry (1 year term, 02/07)
MEMORANDUM
TO: PAM ANDERSON, aTY aERK
FROM: KAREN BERRY
SUBJECf: APPOINlMENT TO WR2020 BOARD OF DIRECTORS
DATE: 11/21/2006
cc: aTY CDUNaL
Please accept this memo as my application to represent city council on the Board of Directors
for WR2020. As listed below, I have experience in project management and the management of
non-profits, including hiring key staff members such as directors. My experience includes growing
non-profits groups from small grass roots organizations into highly regarded self-sustaining
organizations with large budgets. This type of experience will be of great benefit to the city and
WR2020 during the first years of the organization.
PROFESSIONAL QUALIFICATIONS
2000 - Present
Vice-Chair. Board of Directors
Coalition for the Upper South Platte
Watershed Group
Lake George, CO
Responsibilities and Achievements:
. Supervise director and professional staff
· Responsible for budget of up to $1.3 million
. Developed relationships with diverse stakeholders, issue groups, and
regulatory agencies
. Successfully obtained grant funding and completed numerous
projects with diverse partners
1999 - Present
SUDervisor
Jefferson Conservation District
Lakewood, CO
Responsibilities and Achievements:
. Prepare and manage budget of up to $1.2 million.
. Developed relationships with diverse stakeholders, issue groups, and
regulatory agencies
. Supervise district employees,
. Successfully obtained grant funding and completed numerous
projects with diverse partners
2003 - Present
SKILLS
Sincerely,
~a~~~
Karen A Berry
President
Upper South Platte Watershed
Colorado Association of Conservation Districts
Lakewood, CO
Responsibilities and Achievements:
. Developed relationships with diverse stakeholders, issue groups, and
regulatory agencies
. Developing strategic plan for funding and hiring of watershed director
. Developed relationships with diverse stakeholders, issue groups, and
regulatory agencies
. Work with diverse stakeholders, issue groups, and regulatory
agencies to establish yearly priorities and funding mechanisms for
approximately 2 million in grant funding for watershed,
. Member, American Institute of Certified Planners
Councilmember District I
2
Janice Smothers
From: Debbie Meixner
Sent: Tuesday, November 21, 2006 8:25 AM
To: Janice Smothers
Subject: FW: WR2020
I guess this should go with the Council Action Form,
Debbie
From: Dean Gokey [mailto:egokey@comcast.net]
Sent: Tuesday, November 21, 2006 7:47 AM
To: Debbie Meixner
Subject: WR2020
Debbie,
I am asking my name be added to the list of candidates for WR2020 set up for reappointment.
Dean Gokey
11 /21/2006
Page 1 of 1
Page 1 of 1
Janice Smothers
From: sangjw@netzero,net
Sent: Tuesday, November 21, 2006 2:47PM
To: Janice Smothers
Subject: WR2020 Appointment
Hi Janice,
Consider this my application for appointment to WR2020.
I feel my 24 years of experience hearing from the citizens what the needs are for the City will more than
qualify me for the appointment.
Thank you,
Wanda Sang Council Member District II
11/21/2006
ITEM NO: 8,
REQUEST FOR CITY COUNCIL ACTION
~~
COUNCIL MEETING DATE:
November 27,2006
TITLE:
ELECTION OF MAYOR PRO- TEM AND COUNCIL
PRESIDENT
o PUBLIC HEARING
[gI BIDS/MOTIONS
o RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date:
o ORDINANCES FOR 2ND READING
)
Quasi -Judicial:
o
Yes
[gI
No
~ u\CLc
City Clerk 0'
---
City~('
EXECUTIVE SUMMARY:
The following is the current procedure in the Council Rules and Procedures for the annual election of
Mayor Pro-tern and Council President:
>- During a regular City Council meeting in November, paper ballots for nominations 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.
>- According to Section 3,2 of the Wheat Ridge Charter, the Mayor votes to break a tie in
the formal motion.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF ISSUES:
At the November 20, 2006 Study Session, a consensus was reached to bring forward a City Council
Rule change to the November 27,2006 regular City Council Meeting. The consensus was to strike all
references to Council President and assign all duties to the Mayor Pro Tern. If the item passes, the
motion for the appointment of the Council President will be eliminated.
FINANCIAL IMP ACT:
N/A
RECOMMENDED MOTION:
FIRST MOTION (Mayor Pro-Tern):
"I move to elect
election of their successor."
as Mayor Pro-Tern effective immediately, term to expire upon
or,
"I move to deny the election of
reasons
as Mayor Pro-Tern for the following
"
SECOND MOTION (Council President):
"I move to elect
election of their successor."
as Council President effective immediately, term to expire upon
or,
"I move to deny the election of
reasons
as Council President for the following
"
Report Prepared by: Pam Anderson
Reviewed by: Randy Young
pa:pa