HomeMy WebLinkAbout01/14/2008
6:30 p.m. Pre-Meeting
~~!ll~;\
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
Januarv 14. 2008
7:00 p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF December 10.2007
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. Award of RFP-07-32 Towing and Impounding Services.
B. Approval of the Revised Personnel Policies.
C. RESOLUTION 01-2008 DESIGNATING THE OFFICIAL PUBLIC
NOTICE LOCATION AND THE OFFICIAL NEWSPAPER OF
GENERAL CIRCULATION FOR THE CITY OF WHEAT RIDGE.
D. Payment to Murray Dahl Kuechenmeister & Renaud LLP for
December, 2007 City Attomey Services in the amount of $28,072.53.
CITY COUNCIL AGENDA: January 14, 2008
Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 2.
PUBLIC HEARING ON STREET WIDTH DESIGNATION FOR
1) 32ND AVENUE, ZINNIA STREET TO WRIGHT COURT
2) YOUNGFIELD STREET, FROM 500 FT SOUTH TO 600 FT NORTH OF 32ND
AVENUE
3) YOUNGFIELD FRONTAGE ROAD, 32ND AVENUE TO 600 FT NORTH AND
PORTION LOCATED BETWEEN INTERSTATE 70 AND THE LA QUINTA
PROPERTY.
Item 3.
COUNCIL BILL 27-2007 - AN ORDINANCE AMENDING SECTIONS 14-
15 AND 14-16 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
THE OFFICE OF MUNICIPAL COURT MARSHAL.
ORDINANCES ON FIRST READING
Item 4.
COUNCIL BILL 01-2008 - AN ORDINANCE CREATING A POSITION OF
ADMINISTRATIVE SUPPORT TO THE MAYOR, CITY COUNCIL, AND
CITY CLERK.
DECISIONS. RESOLUTIONS AND MOTIONS
Item 5.
Item 6.
Item 7.
Item 8.
RESOLUTION 02-2008 - A RESOLUTION AMENDING THE 2008
BUDGET TO REFLECT ACCEPTANCE OF THE WALMART
COMMUNITY INVOLVEMENT GRANT.
RESOLUTION 03-2008 - A RESOLUTION ADOPTING A POLICY
REGARDING FUTURE EXPENDITURE OF THE CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT JURISDICTIONAL ALLOCATION.
MOTION TO APPROVE ALLOCATION OF THE CITY'S
JURISDICTIONAL ALLOCATION OF FEDERAL HOUSING AND URBAN
DEVELOPMENT COMMUNITY BLOCK GRANT (CDBG) FUNDS TO THE
JEFFERSON COUNTY HOUSING AUTHORITY'S SINGLE FAMILY
REHABILITATION PROGRAM AND THE SENIOR RESOURCE
CENTER'S NEW BUILDING CONSTRUCTION FUND.
Approval of a contribution to Wheat Ridge 2020 (WR2020) in the amount
of $1,500,000 for the purpose of implementing the vision and mission of
the City Council as outlined in the Neighborhood Revitalization Strategy.
CITY COUNCIL AGENDA: January 14, 2008
Page -3-
Item 9.
Allocation of $40,000 from the 2008 General Fund Budget to the Wheat
Ridge Business District.
Item 10.
Appointment of City Board Member for Wheat Ridge Business District.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
December 10. 2007
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members
present: Karen Adams, Karen Berry, Dean Gokey, Tracy Langworthy, Mike Stites, and Terry
Womble. Also present: City Clerk, Michael Snow; City Treasurer, Larry Schulz; City Manager,
Randy Young; City Attorney, Gerald Dahl; Deputy City Manager, Patrick Goff; Director of
Public Works, Tim Paranto; Director of Parks and Recreation, Joyce Manwaring; staff; and
interested citizens.
Council Member Wanda Sang was absent.
APPROVAL OF MINUTES OF November 26.2007
Motion by Mrs. Adams for approval of the Minutes of November 26, 2007; seconded by Mr.
Stites; carried 6-0 with Mr. Gokey abstaining.
PROCLAMA TIONSICEREMONIES
Greg Garner of Rotary Club presented a donation check to the Wheat Ridge Parks
Department for the Fields of Green project. Joyce Manwaring and Wheat Ridge High School
Principal Griff Wirth were present to accept the donation.
The Wheat Ridge High School Horns performed a musical piece for the audience.
CITIZENS' RIGHT TO SPEAK
No citizens were present to speak.
CITY COUNCIL MINUTES: December 10,2007
Page -2-
ORDINANCES ON FIRST READING
Item 1.
COUNCIL BILL 27-2007 - AN ORDINANCE AMENDING SECTIONS 14-
15 AND 14-16 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING
THE OFFICE OF MUNICIPAL COURT MARSHAL.
Council Bill 27-2007 was introduced on first reading by Mr. Womble.
Motion by Mr. Womble to approve Council Bill 27-2007 on first reading, order it
published, public hearing set for Monday, January 14, 2008 at 7:00 p.m. in the City
Council Chambers, and that it take effect 15 days after final publication; seconded by
Mr. Gokey; carried 7-0.
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 2,
RESOLUTION 52-2007 - A RESOLUTION LEWING GENERAL
PROPERTY TAXES FOR THE YEAR OF 2007, TO HELP DEFRAY THE
COSTS OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE,
COLORADO FOR THE 2008 BUDGET YEAR.
Resolution 52-2007 was introduced by Ms. Langworthy.
Motion by Ms. Langworthy to adopt Resolution 52-2007 levying a mill levy of 1.830 on
general property taxes for the year of 2007, to help defray the costs of government for
the City of Wheat Ridge, Colorado, for the 2008 budget year; seconded by Mrs. Rotola;
carried 7-0.
Item 3.
RESOLUTION 53-2007 - A RESOLUTION APPROVING A CONTRACT
WITH THE COLORADO DEPARTMENT OF TRANSPORTATION
ESTABLISHING MAINTENANCE RESPONSIBILITIES FOR WATER
QUALITY PONDS ALONG YOUNG FIELD STREET.
Resolution 53-2007 was introduced by Ms. Berry
Motion by Ms. Berry to approve Resolution 53-2007; seconded by Mrs. Adams; carried
7-0.
Item 4.
RESOLUTION 54-2007 - A RESOLUTION APPROVING A CONTRACT
WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR
CONSTRUCTION OF THE 40TH AVENUE UNDERPASS OF 1-70.
Resolution 54-2007 was introduced by Mr. Stites.
Motion by Mr. Stites to approve Resolution 54-2007; seconded by Mr. Womble; carried
7-0.
CITY COUNCIL MINUTES: December 10,2007
Page -3-
Item 5.
RESOLUTION 55-2007 - A RESOLUTION APPROVING THE FIRST
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY AND LONGS PEAK METROPOLITAN DISTRICT.
Resolution 55-2007 was introduced by Mrs. Adams.
Motion by Mrs. Adams to approve Resolution 55-2007; seconded by Mr. Stites and Mr.
Womble; carried 7-0.
Item 6.
ACCEPTANCE OF CABELA DRIVE RIGHT-OF-WAY.
Mr. Stites introduced the item and read the executive summary.
Motion, by Mr. Stites to accept the Special Warranty Deed for Cabela Drive as described
in the deed; seconded by Mrs. Adams; carried 7-0.
Item 7.
2008 CITY COUNCIL REGULAR MEETING CALENDAR.
Motion by Mr. Stites to adopt the proposed 2008 City Council Meeting Calendar;
seconded by Mrs. Rotola and Ms. Langworthy; carried 7-0.
Item 8.
CITY COUNCIL APPOINTMENTS TO VARIOUS METROPOLITAN
BOARDS AND AGENCIES.
Motion by Mr. Stites to appoint Karen Berry to serve as the City's representative to
DRCOG with Larry Schulz as the alternate representative; seconded by Mrs. Rotola and
Mr. Gokey; carried 7-0.
Motion by Mr. Stites to appoint Dean Gokey to serve as the City's representative to
Jefferson County Housing Authority; seconded by Mr. Womble; carried 7-0.
Motion by Mr. Stites to appoint Dean Gokey to serve as the City's representative to the
Jefferson County Community Development Block Grant Committee; seconded by Mr.
Womble; carried 6-1 with Mrs. Rotola voting No.
Motion by Mr. Stites to appoint Janelle Shaver to serve as the City's representative to
the Jefferson County Board of Corrections; seconded by Mr. Womble; carried 7-0.
Motion by Mr. Stites to appoint Karen Adams to serve as the City's representative to the
Jefferson Economic Council; seconded by Mr. Gokey; carried 7-0.
Motion by Mr. Stites to appoint Larry Schulz to serve as the City's representative to the
Jefferson County-Wide Transportation Committee with Jerry DiTullio as the alternate;
seconded by Mr. Gokey; carried 7-0.
CITY COUNCIL MINUTES: December 10, 2007
Page -4-
Motion by Mr. Stites to appoint Mike Stites to serve as the City's representative to the
Police Seizure Fund; seconded by Mrs. Adams; carried 7-0.
Motion by Mr. Stites to appoint Karen Berry to serve as the City's representative to the
Colorado Municipal League Policy Committee; seconded by Mr. Gokey and Mrs.
Adams; carried 7-0.
ELECTED OFFICIALS' MATTERS
Motion by Council Member Adams to direct the City Manager's Office to bring forth some
concepts for on-street parking including, but not limited to, 38th Avenue for the February 4th,
2008 Study Session; seconded by Mr. Gokey; carried 7-0.
Motion by Council Member Adams to direct the City Manager's Office to bring forth some
concepts for a parking overlatX district including, but not limited to, the 38th Avenue and High
Court area to the February 4 ,2008 Study Session; seconded by Mrs. Rotola; carried 7-0.
Motion by Council Member Adams to direct the City Attorney to bring forward an ordinance
creating the position of Assistant to the Mayor, City Council and City Clerk and vesting
authority to hire, fire and supervise the position to the Mayor; seconded by Mr. Gokey; carried
7-0.
Mrs. Adams expressed her condolences to Wanda Sang for the recent loss of her husband
Jerry; Mrs. Adams also wished all citizens a happy holiday season.
Mr. Stites also expressed his condolences to Wanda Sang; Mr. Stites also gave thanks to the
Wheat Ridge High School student musicians for their performance tonight; Mr. Stites noted a
great TV show he watched by Freddy Joe Steinmart, Wheat Ridge High School alum; Mr.
Stites wished all a safe and happy holiday season and urged all to "find it and buy it in Wheat
Ridge".
Motion by Ms. Berry to extend the application deadline for request of traffic calming
improvements until which time the City's funds have been expended; seconded by Mrs.
Adams; carried 7-0.
Mrs. Langworthy wished all a safe holiday season and urged everyone to drive safely.
Mr. Gokey expressed his condolences to Wanda Sang for her loss; Mr. Gokey noted some
significant improvements to 38th Avenue business venues, particularly Dr. Archuletta's building
and Chase Plaza, all of them using financial assistance from the Business District programs;
He encouraged other Wheat Ridge businesses to take advantage of these programs; Mr.
Gokey also encouraged citizens to buy in and support Wheat Ridge business.
CITY COUNCIL MINUTES: December 10, 2007
Page -5-
Mr. Womble expressed his condolences to Wanda Sang; Mr. Womble also thanked
homeowners in District I who are taking advantage of financing programs to fix up their homes.
Mrs. Rotola expressed hers condolences to Wanda Sang and wished a Merry Christmas and
Happy New Year to Wheat Ridge citizens.
Mr. DiTullio expressed his condolences to Wanda Sang; Mr. DiTullio thanked the Wheat Ridge
High School students for their musical performances at Council and voiced his intent to have
other student groups visit Council meetings throughout the year; Mr. DiTullio wished citizens a
Merry Christmas and Happy New Year.
Meeting adjourned at 7:39p.m.
~
Michael Snow, City Clerk
APPROVED BY CITY COUNCIL ON JANUARY 14, 2008 BY A VOTE OF to
Mike Stites, Mayor pro tem
The preceding Minutes were prepared according to ~47 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office, as well as copies of Ordinances and Resolutions.
>'-
~' _ y City of
pWlieatRl..dge
ITEMNO:~I
REQUEST FOR CITY COUNCIL ACTION
*
Il[ illl
COUNCIL MEETING DATE: January 14, 2008
TITLE: AWARD OF RFP-07-32 TOWING AND IMPOUNDING SERVICES
o PUBLIC HEARING
o ORDINANCES FOR 1 ST READING (Date)
D ORDINANCES FOR 2ND READING (Date)
[!] BIDSIMOTIONS
D RESOLUTIONS
Quasi-judicial:
DYES
~O
A<!..TIN~ C\ '--}, :-f;::;,
ChiefofPoliC~~ U
City Manager (~..--ct>
. - A - 0
~XECUTIVE SUMMARY:
The Police Department's Towing and Impounding Services contract with Mirage Towing will be
expiring at the end of January, 2008. Towing and Impounding Services are used daily to provide for
the towing of vehicles involved in accidents, abandoned vehicles, warrant assists, and various other
reasons.
On December 17, 2007, the top three (3) firms were interviewed. After review and analysis of the bids
submitted, staff recommends award to Connolly's Towing Inc.
~OMMISSIONIBOARD RECOMMENDATIONS:
N/A
STATEMENT OF THE ISSUES:
The current contract will be expiring at the end of January 2008, and it is imperative that the Police
Department have Towing and Impounding services to provide for the daily towing of vehicles for the
overall safety of the streets of Wheat Ridge.
ALTERNATIVES CONSIDERED:
Not to award the bid for Towing and Impounding Services.
FiNANCiAL TIviPACT:
There is no financial impact to the City. The financial impact is the responsibility of the owner of the
vehicle(s) being towed.
RECOMMENDED MOTION:
"I move to approve the award ofRFP-07-32 Towing and Impounding Services to Connolly's Towing,
Inc., Arvada, CO."
Or,
. ~... .:;:-
"I move to deny the awarli ofRFP-07-32 Towing and Impounding Services for the following reasons(s)
J . "
Report Prepared by: Michelle Stodden, Administrative Assistant
Reviewed by: Daniel Brennan, Chief of Police
Attachment:
1. Bid Tab
CITY OF WHEAT RIDGE
BID TABUI-ATION
BID/PROPOSAL NO.
RFP-07-32
aiD Due DATEfflMe
12/04107 by 4:00 pm
REQUESTtNG OEPT./DIVISION
I POLICE
I}
opeNEDay J....
Linda Trimble. Purchasing AgentO .
WlT"ESSED BY ~~
Ann Woosley, Purchasing Assistant
PAGE -L- OF. I
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~O YeS Y--CS Yes Y-e-6
PROJECT: TOWING & IMPOUND SERVICES
VENDOR ~ ~v{,tJ ' Acb
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LOCATION , ~~ ~;~
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'jes Yes ,/es
LOCATION / RESPONSE TIME 'ie.s Yes *5
ILLEGAL ALIEN FORM 'I es 'f e~ '/tJ3
FEE SCHEDULE 'j e.s 'fes Yes
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QUALlFICA TIONS/EXPERIENCE .
ACKNOWLEDGE ADDENDUM #1
ACKNOWLEDGE ADDENDUM #2
J:\RFP-07-32 I'lid Tab Sheet.doc
--.~--'
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ATTACHMEN" 1
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- ~ City of
?WheatRLdge
ITEM NO:
, \,15,
REQUEST FOR CITY COUNCIL ACTION
~~.....
COUNCIL MEETING DATE:
January 14,2008
TITLE: APPROVAL OF THE REVISED PERSONNEL POLICIES
D PUBLIC HEARING
I X I BIDSrlViOTIONS
D RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date)
o ORDINANCES FOR 2ND READING (Date)
Quasi-judicial: DYES [ijNO
~ ~ ~- I -A }
D,,",y City MmmIl"C D~, _ C;ly "'"""", ~~
EXECUTIVE SUMMARY:
As part of our periodic "check system", the Human Resources Manager has reviewed the Personnel
Policies and has made several revisions for approval with an effective date of January 14,2008. The
revisions included in this proposal are primarily made for administrative and clarification purposes and
do not result in a reduction or increase in benefit levels.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
SECTION 5.6.
(page 5-4)
PERSONAL TIME-OFF (PTO)
D.l.d. - Currently an employee may use the PTO buy-back provision if they use
or promise to use 80 hours PTO before the calendar year-end. To eliminate
possible disparity issues, the "promise to use" has been eliminated leaving the
requirement, "must have used" before the buy-back provision can be used.
SECTION 5.7.
(page 5-5)
SECTION 5.16.
(Page 5-13)
SECTION 5.17.
(Page 5-14)
SECTION 5.19.
(page 5-15)
SECTION 5.23.
(Page 5-16)
SECTION 6.9.
(page 6-4)
SECTION 6.12.
(Page 6-5)
SECTION 7.4.
(Page 7-1 & 2)
EXTENDED SICK LEAVE, (ESL)
A. Purpose - In order to use ESL, an employee must be out in excess of 40
consecutive or non-consecutive work hours for a qualifying event with no time
limit if the work hours are non-consecutive. For control and consistency
purposes, a 90- calendar day stipulation from the initial event has been added.
This 90-day period ties into other provisions e.g. FMLA, disability waiting
period, on and off-the-job injuries/illnesses, etc).
EXEMPT STATUS LEAVE
Examples of unusual work demands that would justify granting an exempt
employee with this type of leave were added to provide a better understanding.
In addition, the outline has been reformatted for ease in reference.
ADMINISTRATIVE LEAVE
Currently employees are placed on Administrative Leave for the pupose of
conducting an investigation into allegations of wrong-doing. To provide
flexibillity, language has been added to include other situations that may arise
such as emergency conditions; if retention is not beneficial to employee and/or
City; and, for reasons that are not covered by any other existing policies. In
addition, the Human Resources Manager is given the ability to grant such leave
should the need arise, (e.g., discrimination, harassment, and/or retaliation
claims). Also added ianguage to clarify what is expected of an employee during
this period of time.
COURT APPEARANCE
This policy has been revised to better identify what pay, (regular or overtime) an
employee will receive when they appear in court for work related reasons during
their normal work period, as well as, during their time-off.
c'LOSURE OF CITY FACILITIES
E. Language was altered to avoid confusion concerning what happens to
employees that are on leave when City Hall closes as a result of harsh weather.
OVERTIME AND COMPENSATORY TIME
Primarily, the policy outline has been reformatted to provide ease in reference.
PROVISIONS APPLICABLE TO DEPARTMENT DIRECTORS AND THE
CITY MANAGER
B. - Revised to allow the City Manager the flexibility to grant alternate or
additional benefits to Department Directors.
CLASSIFICATION SPECIFICATION REVIEW
B.t. through 3. - Primarily, adjustment has been made to clarify the position
classification review process; ensure Department Director interaction; and,
provide for a deadline for submittals each year.
C.2. - Revised to reflect actual practice with regard to who receives the
recommendation upon completion of a position audit, (Department Director -
not City manager).
SECTION 7.6.
(page 7-2)
REQUEST FOR A NEW CLASSIFICATION
This section has been revised to ensure Human Resources is apprised when a
new position request is made through the budget process.
SECTION 11.9.
(Page 11-5)
APPEALS
Revised to provide a clear understanding that employees directly reporting to the
City Manager do not have internal disciplinary action appeal rights.
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
None
}ffiCOMMENDED MOTION:
"I move to approve the revisions to the Personnel Policy as submitted on January 14, 2008, to be
effective on this date of January 14,2008."
or,
"I move to deny the revisions to the Personnel Policies as submitted on January 14, 2008 for the
following reason(s)
"
Report Prepared by: Karen M. Croom, Human Resources Manager
Reviewed by: Patrick Goff, Deputy City Manager
Attachments:
Revised applicable areas of Personnel Policies:
. Section 5: Benefits, Programs, and Leaves
. Section 6: Compensation
· Section 7: Classification Policy
· Section 11: Disciplinary/Corrective Action and Appeal Procedure
cc:
Request for City Council Action-report form
SECTION 7:
CLASSIFICATION POLICY
City of Wheat Ridoe Personnel Policies
Approved by Council: 01/14/08
Effective: 01/14/08
Section(s) Revised: 7,4,S,1 ,- 3" 7,4,C,2,d, & e" 7,6,
7.1. CLASSIFICATION OF POSITIONS
All positions in City service are assigned to a classification. The classification may include a single position or a
group of positions. These positions are sufficiently alike in duties, functions, and responsibilities such that the
positions can be identified by the same classification title, use the same classification specification, and be
assigned the same rates of pay.
7.2. PREPARATION AND MAINTENANCE
Classification specifications for each City position are prepared and maintained in such a manner that they
accurately describe the duties and responsibilities of the positions and classifications. Classification titles are set
by the City Manager. The Human Resources Manager has the authority and responsibility to research, study, and
propose necessary changes to the City Manager. The City recognizes that duties evolve and change in a dynamic
work force, and that the classification system needs periodic reviews,
7.3. CLASSIFICATION PLAN REVIEW
A periodic compensation review that reflects changes to external comparables will be performed by the Human
Resources office, The Human Resources office will research the compensation data and make recommendations
based on their review,
7.4. CLASSIFICATION SPECIFICATION REVIEW
A. Classification specifications may be reviewed for several reasons as outlined below, however, a specification
audit will be conducted not more often than once per year.
. Market Study - A review of the market to determine if position(s) are classified properly. For changes to
compensation as a result of a reclassification of this, see Section 6.6,8.1.
. Organizational Change - A Department Director may request an audit when there is a need to restructure
the Department. For changes to compensation as a result of this, see Section 6.6.B.2.
. Job Specification Change - An audit may also be initiated by an employee or supervisor at any time when
there has been a significant change in the employee's job responsibilities. For results in changes to
compensation, see Section 6.6.B,3.
B. Reouel'ts - As changes occur in the responsibilities of a position, it is appropriate to the classification review to
determine whether changes in the classification of a position are justified. Such cha'nges may result from
gradual modifications and additions to the responsibilities of a position andlor from a departmental
reorganization in efforts to meet the goals and objectives of the City's strategic plan(s)_ Because of the
implications of a position reclassification, these basic Policies are followed:
1. A request for classification review begins onlv when the Department Director can clearly identify the
changes in responsibilities that have occurred as a result of reorganization, enhanced job duties, or
changes in work cO!T1plexity,
- ~~:::. z::1rloyee bolioyes hisJher positicn :, ns bnger properly slassifioa, the empleyee may r-equest
threugh their Dep:::::::!:~~ QireGt~~ t~~~ :: ,'::::ificatieR audit be perfllrmea,
b. The justification focuses on the content of the position which has changed. Increases in work volume,
outstanding performance, or admirable behavioral traits of the incumbent, although valued and
important, are not relevant to a classification audit.
2. The Department Director, in consultation with Human Resources, determines that whether or not the
request meets the criteria and the changes are conducive toward meeting the goals and objectives of the
City's strategic plan(s), thor-efer-c hE:: rr.eRt. Failure to meet the criteria may mean the Department Director
does not support the request and may elect to change the duties back so the employee is properly working
within the current classification.
3. Position reclassifications have budgetary impacts, Therefore, requests fer slassificat:~~ ::dit~ arc startea
ana sempleted befor: ~~~ ,"3mmeRsement of the C~~~::! Buage! presess, Department Directors must I'IaA
submit their requests to Human Resources fer ):lesitieR r-eclassifications by March 31" each year so the
audits can be completed for cOAsidcr-ati:~ :~ =. 'ojget r-equests for implementation, if applicable, the next
fiscal year.
4. When the City determines that a new classification specification or reclassification of an existing
classification is necessary, Human Resources will prepare a newlrevised classification specification and
recommended salary range.
7-1
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 ec'lually to Department Directors and the City
Manager; however tRey the City Manager may ee !liven grant alternate or additional benefits to the Department
Directors. with allllrElval Elf CEluneil.
C, Performance Appraisal - The Department Director's work performance, with the exception of the City Clerk
and Treasurer, shall be formally reviewed at the dissretion Elf by the City Manager. The City Manager's work
performance will be formally reviewed at the discretion of the City Council.
D. Dismissal - The City Manager may be dismissed only by the City Council. Any Department Director appointed
by the City Manager may be dismissed only by the City Manager, All Department Directors, with the exception
of the Treasurer and City Clerk, report to the City Manager. The Treasurer and City Clerk are elected
positions. Any Department Director or officer of the City who is appointed by the City Council may be
dismissed only by the City Council, either at its discretion or upon recommendation of the City Manager.
6-5
B. The pay increase raises the level of the employee's base salary and shall not, in any case, exceed the
maximum of the salary range for the employee's classification as established in the compensation schedule.
C, Part-time and intermittent employees may be granted pay increases in the same way as regular full-time
employees within the confines of the compensation schedule,
D. Employees not performing acceptable work are not eligible for merit pay increases.
6.9. OVERTIME PAY AND COMPENSATORY TIME
It is the policy of the City to avoid the need for overtime work in order to minimize the financial liability caused by
accumulated overtime, Overtime may be necessary for the protection of the lives or property of the residents of
Wheat Ridge or the efficient operation of City departments, Authorized overtime is to be kept to a minimum.
A Non-Exemot Emolovee!\ - It is a condition of employment with the City that regular, (benefited) employees shall
receive compensation for overtime hours in the form of compensatory time; non-benefited employees will be
compensated for overtime hours in the form of pay. Unless otherwise indicated, overtime hours will be
calculated at the rate of one and one-half (1 Yo) time the employee's regular hourly rate. The City compensates
FLSA non-exempt employees for authorized overtime as follows:
Eligible employees shall be compensated overtime for time worked in excess of forty (40) hours
actually worked in a workweek. Law enforcement personnel, as defined by FLSA, working a schedule
other than forty (40) hours per week, shall be compensated overtime in accordance with FLSA
Overtime is pre-approved when it is necessary to direct employees to report for emergency overtime
work. Employees are required to work overtime as deemed necessary by their supervisor.
When an employee is required to appear in court while he/she is off-duty for a matter arising from
his/her job-related duties, (see Section 5.19,B.1.b,)
1. To be eligible to work voluntary overtime, the employee must first receive prior approval from his/her
Department Director or designee, An employee must inform his/her supervisor of any work situation that
could cause the employee the need to work any hours above his/her standard workweek.
2, All compensatory time hours earned or used must be reported on employee time sheets and approved by
the supervisor and Department Director.
3. Compensated days of leave such as ESL, injury, compensatory time, holiday, PTO or other paid leave will
not be considered as time worked for the purposes of computing overtime.
4. The employee's ability to take compensatory time off is dependent on the department's operational
requirements,
5. If a non-exempt employee has taken approved compensatory time off in excess of his/her accrued
compensatory time, that excess compensatory time off shall be deducted from his/her accrued PTO leave,
If the employee has no accrued PTO leave, that time shall be charged as leave without pay.
6. Compensatory time can be accumulated up to a maximum of eighty (80) hours. Any overtime earned
above this maximum amount must be compensated for in the form of pay,
7. When an employee changes from a non-exempt status to an exempt status, any unused compensatory
time will be paid to the employee at the rate earned in the non-exempt status,
8. When a non-exempt employee receives a transfer from a current assigned department to another due to a
promotion, demotion, or lateral transfer, all unused compensatory time will remain intact and will follow the
employee to the new position to be used as approved by the Department Director or designee,
9. At termination, non-exempt employees will be paid for all unused compensatory time at the employee's
current hourly rate of pay. However, the employee's official separation date shall be his/her last date of
active employment and shall not be extended with unused compensatory time,
B. Exemo~ Emoloyees - While exempt employees have no entitlement to compensatory time off, they may be
granted Exempt Status Leave as outlined in Section 5.16.
6-4
E. Reversion of Emolovees in Trial Service Periog - 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.B, 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. Employees who exhibit acceptable job performance may be recommended for a pay increase within the
assigned salary range of the position in accordance with the budget and salary administration program. The
pay increase shall be supported by a performance appraisal completed by the immediate supervisor and
approved by the Department Director and Human Resources Manager. Said pay raise shall be effective on the
employee's performance appraisal date, unless otherwise stipulated in the salary administration plan.
6-3
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.(D) applies,
3. Change in Job Duties and Responsibilities - When the duties and responsibilities of a job appear to
have significantly changed, the following may result:
. The effective date and performance appraisal date for this type of reclassification shall be determined
by the Department Director and approved by the City Manager, However, in no case will the
reclassification date be established prior to the last date the employee was scheduled to receive a
performance appraisal. If the reclassification results in a higher pay level, the pay rate received shall
reflect the length of time the employee has been in said position or at a rate closest to the amount the
employee is currently earning, whichever is greater, If the reclassification is a downward movement,
Section 6.6.(C),2 applies; if the result is neither a higher nor lower pay level assignment, Section
6.6.(D) applies.
C. Demotion - An employee may be demoted to a position of lower grade for which he/she is qualified. The
decision to demote and to determine whether an employee is qualified for a lower-grade position resides in the
discretion of the City Manager and the relevant Department Director. All demotions must receive the approval
of the City Manager and Department Director concerned,
1. Disciolinarv reasons - A pay rate within the position's pay range will be determined by the City Manager,
2, Non-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 Chanqe - When an employee transfers to a position that is considered similar in responsibilities,
knowledge, skills and abilities, in the same pay range, the evaluation date and pay rate will remain unchanged,
6-2
Citv of Wheal Ridoe Personnel Policies
SECTION 6: COMPENSATION
Approved by Council: 01/14/08
Effective: 01/14/08
Section(s) Revised: 6,9" 6,12
6.1. PAY PRACTICE
It is the City's aspiration to provide compensation for employees that is competitive within an established labor
market, is within the City's ability to pay, and is comparable among positions in the City's Pay and Classification
Plan, Salary ranges for employee classification levels may be published in the City's annual budget.
6.2. PAY ADJUSTMENTS
A. The City Council shall periodically authorize City Administration to undertake a survey of the pay scales of
similar cities within the Denver metropolitan area for the purpose of determining what wages are generally
prevailing in these surveyed cities for similar work performed (without regard to title, but only with regard to
duties and responsibilities attendant to the position surveyed).
B. Salaries shall be annually established by the City Council, in the exercise of its legislative discretion,
6.3. EMPLOYMENT RATE FOR NEW, REHIRED OR REAPPOINTED EMPLOYEES
A. New 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 appraisai date ior a
former employee who is rehired shall be defined as the date of rehire with the City.
C. Re-aoooinled Emp'lovees - An employee so re-appointed is considered a new appointee. The employee has
no vested interest in or is entitled to any benefits accrued during any previous employment with the City, except
retirement system benefits, The re-appointed employee will be subject to the requirements of the proper
retirement system of which the employee was previously an active member,
D, Rescinded Dismissal - The appointment date of an employee who was dismissed for disciplinary reasons and
whose dismissal has been rescinded, shall be the date in effect at the time of separation from employment.
However, accumulation of PTO leave and ESL shall commence with the date of reinstatement, unless
otherwise provided by court order or settlement agreement.
E, Other - When an occupied, unclassified position is brought into the classified service, the salary of the
incumbent shall be established at the closest rate of pay at or above their present salary, except that if the
incumbent's salary exceeds the maximum rate for the class the maximum rate shall be assigned.
6.4. PAY UPON ADDITIONAL RESPONSIBILITIES
A. When an employee is deemed, by the Department Director and Human Resources Manager, to be qualified for
and is assigned the full authority, duties, and responsibilities of a position allocated to a higher classification
that is vacant within the City on an interim basis, that employee will receive a pay rate within the higher salary
range at a salary commensurate with his/her qualifications as mutually determined by the Department Director
and Human Resources Manager. Such payments shall be made only during the time that the employee is
actually performing the higher level duties and will commence on the day as appointed by the City Manager.
The provisions of this paragraph will not apply when performing the duties of the position allocated to a higher
classification for the purpose of training,
B, With the approval of the City Manager, additional compensation for individuals temporarily performing
additional tasks and/or special assignments may be in the form of lump sum payments with no increase in
benefits,
C. When an employee returns to his or her regular position, he or she shall be paid at a level appropriate for the
regular position.
6-1
E. During a leave of absence of more than thirty (30) calendar days, benefits (Le" Personal Time-Off leave and
ESL) will not accrue, nor will service time for step increases be credited,
F. For a Leave Without Pay of more than 30 days, the employee may continue to participate in the group
insurance program(s), provided the employee reimburses or prepays the City the sum necessary to pay the
total monthly costs of any premiums due for the group insurance benefits the employee wishes to continue, and
provided such continuation is not prohibited by the group insurance contract. For partial unpaid leaves, the
employee will be required to pay the insurance costs on a pro-rated basis,
G. During an employee's leave of absence, his/her position may be filled with a temporary employee or an acting
appointment. Upon the expiration of the leave of absence, the employee will be reinstated to his/her position,
providing he/she is physically and mentally able to perform all of the duties required in the position with or
without a reasonable accommodation for any ADA defined disability and provided the position still exists.
5.23. CLOSURE OF CITY FACILITIES
A The City Manager, at times, will close offices due to inclement weather or other reasons, however, certain
employees may be expected to report to work. During these times, it is the employee's responsibility to call
his/her supervisor and inquire if he/she is expected to work,
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 will contact his/her immediate supervisor. The
employee and the supervisor will jointly decide whether non-attendance is justified and, if it is, the employee will
be paid for the hours the City is closed as declared by the City Manager. if the supervisor deems the
employee's non-attendance to be unjustifiable, the employee's absence will be charged to accrued leave, If
leave time is not available, the employee's non-attendance may be charged as leave without pay.
E. For employees on approved leave during the unexpected closing of City business will r.::~ ~z\'z ~:::: :=ave
accruals reeucoe ey the Rumeer af haur-s tRe City is closed, the "closed" hours are not to be charged against
their approved leave time,
F. Non-exempt essential service employees who are able to report to work will be paid, at their regular rate of pay,
for the number of hours the City is closed, as declared by the City Manager. Said payment may be made in the
form of cash or time off as approved by the Department Director. In addition, the employees will be paid at
their regular rate of pay, for the hours they actually worked. If the hours actually worked are overtime hours for
the week, (excess of forty (40) hours), then compensation will be at overtime rates.
5-16
5.19. COURT APPEARANCE
A. Jurv Duty
a. A regular employee required to report for jury duty during the employee's workday is ~FaRtedlea\'e witll
!lay. :~:J 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.
b. Befor-e a r-e~ular employee oaR be ~raRted lea'fe with pay for jury duty, the employee must give their
immediate supervisor a copy of the summons to serve on a jury,
c. An employee released from jury duty or serving as a witness is required to return to work wReA
available.
B. Subqoena or Witness - Work Related
1. An employee who is subpoenaed to appear in court as a witness in a matter arising from his/her job-related
duties with the City:
a. GraRtedleave with Receives regular pay when the employee is appearing during tile his/her workday,
b, f,R emplElyee 'nlle appears wheR eff duty Receives overtime payor compensatory time when
appearance is during his/her off-duty time.
2, Compensation received by the employee for witness or subpoena fees, and for mileage when traveling in a
City-owned vehicle is remitted to the City. Compensation for mileage, when traveling in a private vehicle, is
retained by the employee.
C. Subooena Dr Witness - Non-Work Related
If an employee is subpoenaed to appear in court as a witness in a matter not arising from their job-related
duties with the City, they will use accumulated leave and provide a copy of the subpoena to their immediate
supervisor. The employee will retain compensation for witness or subpoena fees, mileage, and subsistence,
5.20. TIME OFF FOR VOTING
The Department Director may grant up to two (2) hours off with pay, if required, for the purpose of allowing
employees (who are duly qualified and registered) to vote in federal, state, local or special district elections.
Request for such leave will be made prior to the Election Day, Such absence will not be charged to Personal Time-
Off leave, holiday, or compensatory leave.
5.21. UNAUTHORIZED LEAVE
Unauthorized leave of absence consists of those workdays, or portions of a workday, when an employee was
scheduled to work but did not actually work or receive authorization for the absence. The employee's pay is
deducted by an amount equivalent to the time the employee was absent during the workday. An unauthorized
leave of absence may be cause for disciplinary action, up to and including termination of employment.
5.22. LEAVE WITHOUT PAY
A. A leave of absence is not a right, but a privilege. Leaves of absence may be granted without pay in cases of
emergency and/or when a leave of absence would not be contrary to the best interests of the City. A leave of
absence may be granted only upon written request by an employee who presents the reason for the leave,
Written approval will be made according to the following:
1, A request for a leave of absence without pay for one (1) week or less may be granted by the Department
Director, depending on the merit of the individual case.
2. A request for a leave of absence without pay in excess of one (1) week may be granted by a Department
Director with the approval of the City Manager, depending on the merit of the individual case.
B. Leave without Pay will not be granted until all leave allowed pursuant to these Policies have been exhausted,
C, An employee may be granted leave without pay for justifiable personal reasons not to exceed ninety (90)
calendar days when recommended by the Department Director and approved by the City Manager.
D. If such leave is for family and/or medical reasons, the employee will be required to apply for and use all
approved FMLA leave as described in Section 5,9,
5-15
C. COMPENSATION
1. Exempt Status Leave is limited to a maximum of forty (40) hours per calendar year. When executive,
administrative, and professional employees are hired, they will be limited to ten (10) hours of Exempt
Status Leave for each full quarter of the year remaining in the year in which they were hired.
2. This regulation expressly precludes any claim for compensation associated with Exempt Status Leave not
taken, as Exempt Status Leave:
. does not accrue;
. cannot be converted to cash;
. cannot be carried over from year to year; and,
. will not be compensated upon employment termination.
5.17. ADMINISTRATIVE LEAVE
A. PURPOSE
Administrative leave is a general term for temporary removal from a job assignment, initiated to manage special
circumstances where it is in the City's best interest to retain the employee relationship for a period of time to be
determined by the City; or, provide options not otherwise available.
B. UTILIZATION
A regular employee may be sus~eReed from work, with ~ay and beRefits, placed on Administrative Leave at the
request of the supervisor and Department Director or Human Resources Manager and with approval from the
City Manager for the following purposes: eOReuctin~ ar: in\"esti~atieR or ether inquir;' iRte alle~atieRs er ohar~es
of wroR~ eoiR~ or vielatioR of feecra~ ::~ ::~::l::! la'...., City or ee~artr.::~~::' ~e~ulatieRs ::~ '::" ::~ts er omissieRs
w~:o~ -:!'seredit the City;
1, When retention of an employee at the work site may be detrimental to the interests of the City or injurious
to the employee, his/her fellow workers, or the general public;
2. Emergency conditions where no other leave option exists;
3, Resolve situations that cannot be addressed under existing workforce policies;
4. When it is deemed necessary to remove an employee from the work place while an investigation or review
ensues. For the purpose of conducting an investigation for alleged misconduct, the following will apply:
a. Administrative Leave will be granted with pay and benefits up to thirty (30) days with extensions
available if ElIleRsioR ef the thirty (30) eays with ~ay may be granted by the City Manager if eeemee te
be iR the best iRlor::,l 0' ~~s ~,
b. Should the investigation require the sus~eRsien employee's absence of the employee beyond the thirty
(30) days and an extension has not been granted, sueh time '.viII be witheut ~ay, however, the
employee may utilize accrued Personal Time-Off leave, holiday, and/or compensatory leave, if
available. Sus~eRsioRs uReer this sectien '....illlormiRalo ':JheR the iRvestigatio~ ::~ ;~':1uiry is eeRolueee
and has been reviewee aRe actee u~eR by the De~artmeRt Dir.eeler or City MaRa~er.
c. Placing an employee on administrative leave for investigative purposes is not a disciplinary action and
cannot itself be used as proof of wrong doing. An employee who is cleared of wrongdoing should not
feel any lasting consequences related to his/her job,
d. On the other hand, if the City reprimands or otherwise disciplines an employee based on the underlying
allegations that led to the administrative leave, it might reflect on the employee's performance
evaluation or future employment. If the employee is found to have engaged in wrongdoing that results
in his or her discharge from City employment, the City reserves the right to retrieve all or part of the
moneys paid to the employee during the period of the initial thirty (30) days paid sus~eRsieR
Administrative Leave,
C, While on Administrative Leave, the employee must follow any directive's given regarding duties or assignments
and will be expected to be available during regular work hours.
5.18. SUSPENSION OF LEAVES
The City Manager or Department Director reserves the right to postpone all leaves that are not medically required
for employees or recall employees from leave in the event City operations require such action.
5-14
G, Reinstatement
1. Employees will be reinstated in the position they would have obtained had he not gone on military leave, if
military service did not exceed 90 days; or if military service exceeds 90 days, the employee will be
reinstated as per above or to a position of like seniority, status, and pay at the same rate of pay which
would have been received without such leave, The following conditions apply:
a. The position has not been abolished; (C.RS. 28-3-604)
b. The employee is not physically or mentally disabled from performing the duties of such position. The
City will make "reasonable efforts", as long as these efforts do not pose any undue hardships, to
accommodate any service-connected disability.
c, The employee submits an honorable discharge or other form of release by proper authority indicating
that his/her military service was satisfactory.(C.RS, 28-3-604)
d. The employee requests reinstatement to the appointing authority within ninety days after discharge
from hospitalization or medical treatment which immediately follows the termination of and results from
such service, but such application will be made within one year and ninety (90) days after termination
of such service, notwithstanding such hospitalization or medical treatment;
e. For military service of 30 days or less, an employee must report to his/her supervisor on the first
scheduled workday fOllowing the military service, For service from 31 to 180 days, application for
reinstatement must be made within 14 days after completion of the service. For military training or
service of 181 days or more, application for reemployment must be submitted within 90 days after
completion of the period of service,
2. Upon such reinstatement, the employee will have the same rights with respect to accrued and future
seniority status, efficiency rating, PTO, ESL, and other benefits as if he/she had been actually employed
during the time of such leave. No employee so reinstated will be removed or discharged within one year
thereafter, except for cause and after notice and hearing; but this will not operate to extend a term of
service or office limited by law. (C.RS. 28-3-604)
3. Regardless of iength of service, all applicabie accrued leave and compensatory will be paid an employee
who has been granted wartime and military leave before placed on leave without pay,
5.15. EDUCATIONAL LEAVE
When recommended by the Department Director and approved by the City Manager, a regular employee may be
granted educational leave without pay for a period not to exceed ninety (90) days. The City Manager will determine
whether the education is sufficiently related to the employee's work, thereby enabling the employee to perform
his/her duties more efficiently and effectively, to merit an unpaid educational leave.
5.16. EXEMPT STATUS LEAVE
A. PURPOSE
1. FLSA-Exempt employees are not paid overtime or given compensatory time off, however, they may be
authorized time off with pay if unusual demands require excessive hours of work beyond the normal forty
(40) hour workweek:
a. Recurring meetings outside of normal working hours
b. Special projects with deadlines that require substantial time beyond normal working hours to complete
c. Seasonal activities that require extensive time to meet established deadlines beyond normal work
hours
d. Frequent appearances before civic/community groups outside of normal working hours.
2. FLSA Exempt employees who do not work beyond the normal forty-hour workweek are not eligible to take
Exempt Status Leave time off,
B. UTILIZATION
1. Exempt Status Leave is not intended to compensate employees on an hour-for-hour basis,f::: ~z\::s
worked in excess Gf :f:Z n3r-mal ferty Rour werlwo'eelt, (8 hours extra worked does not equal 8 hours time-
off).
2. FLSA exempt employees are not to track nor report actual hours worked,
3. Exempt Status Leave may be taken in increments of no less than the number of hours the employee is
normally scheduled to work in one day.
4, Exempt Status Leave requires prior approval of the Department Director, Division Manager or City
Manager, as appropriate, through the completion of the Request for Leave Form,
5-13
2. At such time the employment relationship is severed, the employee will receive full payment for all
remaining applicable accrued leave; may, if approved, utilize the City's disability insurance; and, will be
given the opportunity to continue to participate in the group insurance program(s) through COBRA.
3, The employee will be placed on the Re-Employment Eligibility List for a period of 12 months, When the
employee is available to work, he/she will be considered for the first vacancy to a position for which he/she
possess the qualifications, It will be the responsibility of the employee to contact Human Resources for
consideration of employment.
5.13. MATERNITY LEAVE OF ABSENCE
Maternity leave is leave granted an employee for the period of disability related to pregnancy and childbirth, The
time taken as maternity leave is considered an off-the-job disability until the employee's physician releases her for
work, Maternity leave provisions are outlined in the Family and Medical Leave Policy, The City will continue its
contribution towards the employee's health care insurance as long as the employee remains in paid status. Should
the employee go on a leave of absence without pay, the employee would be responsible for both the City and
employee's portion of the health care premiums, except if the employee is on Family and Medical Leave in which
case the City will pay its portion of the insurance premium for a maximum of 12 weeks (3 months),
5.14. MILITARY LEAVE
A. Grantino of Military Traininq Leave
1. Upon presenting proper military orders for military training, an employee who is a member of the National
Guard, Army, Navy, Marine Corps, Air Force or Coast Guard Reserve will be granted a leave with pay up to
a maximum of fifteen (15) calendar days in any calendar year, plus four (4) days for travel time.
2. Military training leave will commence the first working day the employee is on military training leave from
his/her City job and terminate on the last calendar day of the military training status, as evidenced by a
copy of the military orders covering the leave period.
B, ComQutation of Pall. - 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 Pall. Durina War Or Other Emerl'encies - Any employee who enlists, is inducted or is
appointed into the military service of the United States in the time of war or other emergency declared by the
President of the United States and/or Congress will be granted military leave without pay for the duration of
such war or other emergency or until expiration of such war or other emergency or until expiration of enlistment,
induction or appointment period, and for 1 year and ninety (90) days thereafter.
1. Employees granted wartime military leave will be entitled to all rights and benefits granted such employees
under any applicable federal laws and statutes or rules of the State of Colorado.
2. The employee may use accrued annual leave or accrued holiday leave while on military duty.
D. Peacetime Militarv Leave
1. Any employee who enlists, is inducted or is appointed into military service of the United States for initial
period of obligated service, will be granted peacetime military leave without pay for the period of initial
contractual or obligated service or until discharged, whichever occurs first, and for 1 year and ninety (90)
days thereafter.
2. An employee who fails to return at the end of the three (3) months or who voluntarily extends his military
service beyond that obligated or originally contracted, will be deemed to have voluntarily resigned, effective
as of his last day of active duty with the City.
E. Pension Riahts Retained - Any employee receiving a leave of absence in accordance with this section and
participating in a City pension plan will retain all rights accrued up to the time of taking such leave and will have
all rights subsequently accruing under such plan as if he/she had been actually employed during the time of
such leave. Any increase in the amount of money benefits accruing with respect to the time of such leave is
dependent upon the payment of any contributions or assessments, and the right to such increase is dependent
upon the payment of such contribution or assessments within the period of time equal to three times the actual
military leave not to exceed 5 years after the termination of such leave and upon such terms as the authorities
in charge of the system may prescribe, (C,RS 28-3-606)
F, Health Insurance - For military leave without pay of longer than ninety (90) calendar days, the employee, if
continuation of coverage is desired, will be responsible for expenses necessary to pay the premiums,
Continuation of coverage at the City's group rate may not exceed eighteen (18) months from the date military
leave begins.
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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 will be considered for the first vacancy to a position for which he/she
possesses the qualifications. It will be the responsibility of the employee to contact Human Resources for
consideration of employment.
5.12. DISABILITY LEAVE
A 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 will be required to utilize all accumulated leave. Should the injury/illness
be such that the employee is unable to return to work after exhausting all accrued leave, said benefits will
not continue to accrue and the employee will be placed in an unpaid leave status. All leave time utilized
through this policy will be applied to Family Medical Leave as outlined in Section 5,9,
3. For the duration of the Disability Leave, the City will maintain the employee's insurance benefits. The
employee is required to continue to pay the employee portion of insurance premiums (when applicable)
while on Disability Leave, as long as the employee remains in paid status and provided such continuation is
not prohibited by the group insurance contract. Should the employee revert to an unpaid leave status, the
employee will be required to pay the full costs to include the City's portion and the employee's portion, for
continuation of insurance coverage. This includes all insurance premiums with the exception of disability.
B. Return to Work
1. Employees able to return to work within ninety (90) calendar days of a disability will be restored to their
former position or to a comparable position at the same rate of pay and benefits, The employee's seniority
date with the City and any benefits that are based upon length of service will be adjusted to offset the
period of time that Injury Leave was taken without pay. In addition, the next date of performance appraisal
will be adjusted by the amount of time in accordance with Section 6.7.
2. The employee will notify the Department Director of an estimated return to work date and provide a written
release from the attending medical provider. The Department Director is responsible for notifying Human
Resources of the employee's date of return.
C. Limitations of Disabled Emolovees
1. Employees who are unable to return to work after ninety (90) calendar days of a disability will not be
guaranteed reinstatement to their former or comparable position at the same rate of pay.
2. If it is determined that an employee is capable of performing limited duties prior to their release to normal
duties, the employee may be assigned duties within the conditions set forth in the physician's certificate,
subject to the availability of the established duties. A reassignment of duties will be reviewed and
compensation will be established based on a labor market study of said duties, the employee's experience,
qualifications and longevity.
3, Any employee who believes that a health condition has rendered him/her unable to perform the essential
functions of his or her job will promptly report that condition to their supervisor, and request all specific
forms of accommodation the employee believes will permit him or her to perform those essential functions.
D. Termination of Disabled Emolovees
1. Disability Leave will be terminated when, providing reasonable accommodations cannot be made without
undue hardship, one of the following first occurs:
a. When a report is issued by a physician finding a permanent disability that disqualifies the employee for
his or her position; or
b, When the employee is declared capable of performing their regular duties by a physician; or
c. When, after ninety (90) calendar days from the date of injury has lapsed, the Department Director
determines a continued vacancy would adversely impact the department's operation.
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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, will be reduced by fifty percent 50%:
. Willful failure to obey any reasonable rule adopted by the employer for the safety of the employee;
. Willful failure of the employee to use safety devices provided by the employer; or
. Intoxication of the employee,
a. If Worker's Compensation Insurance contests or denies liability for an employee's claim for benefits for
a work-related injury or illness, that employee may request paid PTO leave during the period of
disability due to injury or illness. However, such PTO leave request may require a physician's
documentation and must be approved by the supervisor and Department Director as provided by these
Policies,
b. Any payments received by the employee from Worker's Compensation Fund Insurance for loss of work
will be deducted from the employee's pay.
4, For the duration of the Injury Leave, the City will maintain the employee's insurance benefits, The
employee is required to continue to pay the employee portion of insurance premiums (when applicable)
while on Injury Leave, as long as the employee remains in paid status and provided such continuation is
not prohibited by the group insurance contract. Should the employee revert to an unpaid leave status, the
employee will be required to pay the full costs to include the City's portion and the employee's portion, for
continuation of insurance coverage. This includes all insurance premiums with the exception of disability.
B. Limitations of Disabled Em%vees
1. If the injured employee is unable to return to work at the end of the ninety (90) calendar day period, and an
extension is granted, said employee will be required to utilize PTO leave. While in a paid status, the
employee will continue to accrue PTO and ESL hours. However, at the end of the ninety (90) calendar day
period or when all accrued leave is exhausted, whichever comes first, and the employee is unable to return
to work, said benefits will not continue to accrue,
2, If it is determined that an employee is capable of performing limited duties prior to the release to normal
duties, he/she may be assigned duties within the conditions set forth in their physician's certificate, if such
duties are available, The employee must comply with the procedures as stipulated in Section 10.9.
3. Any employee who believes that a health condition has rendered him or her unable to perform the essential
functions of his or her job will promptly report that condition to his or her supervisor, and request all specific
forms of accommodation that the employee believes will permit him or her to perform those essential
functions.
C. Return to Work
1, Employees able to return to work within the ninety (90) calendar day period of a disability will be restored to
their former position or to a comparable position at the same rate of pay and benefits. The employee's
seniority date with the City and any benefits that are based upon length of service will be adjusted to offset
the period of time that Injury Leave was taken without pay, In addition, the next date of performance
appraisal will be adjusted by the amount oftime in accordance with Section 6.7,
2. The employee will notify the Department Director of an estimated return to work date. In addition, the
employee must provide a written release from the attending medical provider as approved by the Worker's
Compensation Insurance Company. The Department Director is responsible for notifying Human
Resources of the employee's date of return.
D. Termination of Disabled Emoloveell
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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M. Effect of Familv Leave Uoon Senioritv and Continuity of Service - An employee is not entitled to seniority or
benefit accruals during periods of unpaid family and medical leave. However, an employee does not lose
seniority or benefits accrued prior to family and medical leave. In addition, the next date of performance
appraisal will be adjusted by the amount of time in accordance with Section 6.7,
N. Failure to Return from 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 will serve as certification for consideration of Domestic Violence Leave:
1, A police report indicating that the employee was a victim of domestic violence;
2. A court order protecting or separating the employee from the perpetrator of an act of domestic violence, or
other evidence from the court or prosecuting attorney that the employee appeared in court; or
3. Documentation from a medical professional, domestic violence advocate, health care provider, or
counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in
victimization from an act of domestic violence.
D. Leave under this policy will not exceed three (3) days in a 12-month period, The 12-month period will be
measured forward from the date the first Domestic Violence Leave begins,
E. An employee may take available Personal Time-Off leave or compensatory time for this leave. If the employee
has no paid leave available, he/she may take domestic abuse leave unpaid.
F. The City will make reasonable efforts to maintain the confidentiality of all information related to an employee's
leave pursuant to this policy.
5.11_ ON-THE-JOB INJURY LEAVE
An employee injured on the job must report the injury within twenty-four (24) hours and, in conjunction with the
supervisor, determine if immediate medical attention is required. If so determined, the employee will report to the
appropriate facility and a worker's compensation claim form is initiated immediately.
A. Grantina of Iniurv Leave
1. A regular employee who is injured or develops a work-related illness in the line of duty will be granted injury
leave with pay for a period of ninety (90) calendar days, if the illness or injury is determined to be
compensable under worker's compensation as defined by the worker's compensation law.
2. While on injury leave, the employee is required to maintain contact with his/her supervisor and provide
medical information as requested. Failure to maintain contact, provide requested medical information or
submit to an examination by a City-selected physician, if requested, may result in disciplinary action up to
and including dismissal. Exceptions to this policy may be made when an employee is unable to
communicate due to the nature of the injury/illness.
5-9
"Medically Necessary" Leave - Involves a medical need for leave and that can best treat the need through an
intermittent or reduced leave schedule, The City may request certification from the health care provider of the
employee or family member of the medical necessity of the intermittent leave schedule and expected duration.
F. Notice Reouirements - An employee must provide the City with at least thirty (30) days advance notice before
FMLA leave is to begin, if the leave is foreseeable. Said notice will be given by completion of a Pre-
Authorization for Leave form, Failure to provide the notice will give the City the right to delay the taking of leave
until at least 30 days after the date the employee provides notice to the City of the need for FMLA leave. If 30
days notice cannot be provided, notice must be given as soon as practicable, Verbal notification should be
provided within 1 to 2 business days when the need for leave becomes known to the employee. Subject to
health care provider approval, when possible, the employee will consult with the City and make a reasonable
effort to schedule the leave so as not to "unduly disrupt the City's operations,
G. Certification Reouirement
1. If the employee's leave is to care for the employee's seriously ill family member (5,9.A.2.), or due to the
employee's own serious health condition, the request must be supported by a certification issued by the
employee's or family member's health care provider. When the leave is foreseeable and a 30 days notice
has been provided, the medical certification should be provided before the leave begins. The City will allow
at least 15 calendar days for the employee to comply with the request for medical certification,
2. Second Opinion - The City may require a 2nd medical opinion (at the City's expense), Pending receipt of
the 2nd opinion, the employee is provisionally granted leave, The City may also request periodic reports
on the employee's status and intent to return to work, or a fitness-for-duty report from the employee's
attending physician advising when the employee can return to work,
3. Third Opinion - If the opinions of the employee's and City's designated health care providers differ, the City
may require a 3rd opinion (at City's expense). The 3rd health care provider will be designated or approved
jointly by the City and employee. The 3rd opinion is final and binding, The City will reimburse an employee
or family member for any reasonable travel expenses incurred to obtain the 2nd and 3rd opinions,
H. Confidentialitv - All documentation related to the employee's or family member's medical condition is held in
strict confidence and maintained in the employee's confidential medical file in the Human Resources Office,
I. Payment of Grouo Health Premiums - Any portion of group health plan premiums which the employee has paid
before starting an FMLA leave must continue to be paid by the employee during the leave. Any changes to
premium rates and levels of coverage or other conditions of the plan that apply to other active employees also
applies to eligible employees on FMLA leave. Payments for insurance will be deducted through the payroll
process if possible. If payroll deductions are not possible, the employee will be required to remit payment by
the time designated by the City. The City's obligation to maintain group health benefits ends after a premium
payment is more than 30 days late, If coverage should lapse while the employee is on FMLA leave, equivalent
coverage will be restored upon return to work and he/she will not be required to meet any qualification
requirements imposed by the health care plan. If the employee is able, but does not return to work after the
expiration of leave, the employee will be required to reimburse the City for applicable payment of insurance
premium(s) incurred during the FMLA leave.
J. Riohts 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
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. Puroose - In accordance with the Federal Family and Medical Leave Act (FMLA), the City grants job protected,
unpaid family and medical leave to eligible employees for up to twelve (12) weeks per twelve (12) month period
for any of the following reasons:
1, The birth of and care for a newborn child, or the placement of a child with an employee in the case of
adoption or foster care, Leave for these reasons will expire at the end of the 12month period beginning on
the date of such birth or placement.
2, In order to care for an immediate family member (spouse, child, or parent) if that family member has a
serious health condition.
3. An employee's own serious health condition that makes the employee unable to perform the essential
function(s) of his/her position.
B, Elioibilitv - 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 actuai 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
8. Employees may maintain a balance in the ESL account of up to 480 hours for regular full-time employees
and prorated for regular part-time employees based on status, Once an employee has reached this
balance, accruals will cease until the balance has been reduced.
40-HourlWeek 35-H9urlWeek 30-HourlWeek
Status Status Status
25-HourlWeek
Status
20-HourlWeek
Status
480 hours
420 hours
360 hours
300 hours
240 hours
9. Activities Incomoatible with Extended Sick Leave (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 will be charged against Holiday
time and not ESL ESL will not be counted as time worked for the purposes of computing overtime,
2, ESL may not be donated to another employee and at no time may an employee borrow from future
accruals of ESL
3. Forfeiture of ESL as a disciplinary action will not be authorized and an employee will not lose ESL accruals
when promoted, demoted, or transferred,
4. ESL may not be used once you have submitted your resignation from City Service and is not payable upon
termination of employment or at any other time,
5.8. SHARED LEAVE
Periodically throughout the year, Human Resources will request donated unused compensatory time Personal Time
Off leave hours to be placed in an account reserved for future use as needs arise. This reserved account will be
used to donate to regular employees who have exhausted all available paid leave; have a history of judicious use of
leave prior to the need for donation; and, are in a need to take leave for medical or family emergencies.
A. Recioient Provisions
1. The employee in need of donation must make the request to the Human Resources Manager through
completion of a "Request for Leave Donation" form and must provide appropriate medical justification and
documentation of the necessity for the leave, as well as, the length of time the employee expects to be
absent due to the condition,
2. An employee may not receive more than eighty (80) hours of shared leave per occurrence. If the need
continues, the applicant may re-apply, but will be limited to accepting no more than a total of one hundred
sixty (160) hours of donated time, The Human Resources Manager will monitor the use of shared leave to
ensure equal treatment of all City employees and will determine when shared leave is no longer needed,
To the extent possible, shared leave is to be used in a consecutive and continuous basis.
3. While on shared leave, an employee continues to be classified as a City employee and is eligible for all
compensation (salary and benefits) they would be otherwise receiving if using paid leave,
4. PTO donations may not be applied to absences resulting from an on-the-job injury for which the employee
is receiving Workers' Compensation benefits nor may they be used to supplement STD or L TD Disability or
Workers' Compensation benefits.
B. Donation Provisions
1. Unused compensatory time and only Personal Time-Off leave hours that have already been accrued may
be donated and the contribution of PTO hours may not reduce the employee's PTO leave balance below a
minimum of eighty (80) hours. To donate, a "Request to Donate Leave" form must be submitted to the
Human Resources Office at any time throughout the year.
2. Donated PTO will be issued on an hour for hour basis with no fixed cash value associated with it.
3, PTO contributions will start at a minimum of two (2) hours and continue in increments of at least whole hour
increments.
4. Donated leave will be paid at the recipient's hourly rate.
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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 the Definition Section), The "work"
hours do not need to be consecutive, however, if non-consecutive, they must be related to the same event and
only work hours within a 90 calendar day period from the initial event may apply,
B. ELIGIBILITY CRITERIA
1. Extended Sick Leave hours will be credited to regular employees on a bi-weekly basis, each pay day in
accordance with the following schedule:
40-HourlWeek 35-HourlWeek
Status Sta.tus
30-HourlWeek
Status
25-HourlWeek
Status
20cHoui'lWeek
Status
1,5438& hours 1 ,354e2, hours 1.1539 hours .9646 hours ,77e93-hours
2, ESL will continue to accrue during periods of absence while the employee remains in an active pay status,
However ESL accrual will be discontinued during periods of Short Term Disability (STD) and Long Term
Disability (L TD) unless the employee uses PTO hours to supplement his/her disability payment in order to
receive 100% of their normal base pay,
C. UTILIZATION
1. ESL may be used to satisfy the waiting period for, and supplement, Short-term Disability (STD) or Long-
Term Disability (L TD), However, under no circumstances will an employee receive a combination of ESL
and STD or L TD pay that exceeds 100% of the employee's normal base pay. ESL may not at anytime be
used to supplement Worker's Compensation benefits, if applicable,
2, In order to receive ESL, an employee must make application. In cases of planned ESL, employees are
required to request said leave, in writing on a Request for Leave form and submit to his/her supervisor in
advance, It is requested that, if possible, ten (10) days notification be given prior to the scheduled leave.
In situations where ESL is used for unexpected reasons, the employee must notify his/her supervisor or
Department Director in accordance with the unscheduled leave notification policy, Section 5,6.C.1.b.1, In
the event individuals are not able to request hours for themselves, the employee's Department Director or
the City Manager may submit a request.
3, If application for ESL has not been received, the hours an employee is absent will be charged to the
employee's Personal Time-Off bank. Once application for ESL Is received through the Request for Leave
form and verification that the absence has exceeded the forty (40) required work hours and that the
circumstances qualify as an ESL event, the hours used for the ESL event will be reimbursed to the
employee's PTO account and subsequently be withdrawn from the employee's ESL account.
4, For all absences charged to ESL that qualify under the Family and Medical Leave Act, the Request for
Leave form will serve as the application for Family and Medical Leave and as such, all stipulations outlined
in Personnel Policy 5.9. will apply.
5. The City reserves the right to require a doctor's certification for any period of ESL when used for off-the-job
illness or injury; disability; or, qualifying event under FMLA. Further, at any time during the absence of the
employee as a result of the employee's illness, the Human Resources Manager may require the employee
to submit to an examination by a City hired licensed health care provider to verify the employee is unable to
perform the required duties.
6. At anytime ESL is utilized as a result of the employee's personal off-the-job illness or injury, before the
employee may return to work, the employee will be required to provide a doctor's certification stating
he/she may return to duty. This certification will be utilized to show the employee is able to perform the
essential functions of the position or list any restrictions or accommodations necessary to assist in the
City's final determination of the employee's ability to return to duty. Employees may be required to work in
a Limited Duty capacity if a return to work with limitations is issued by a duly licensed health care provider.
7. Where the balance in the ESL is not sufficient to cover the amount of time missed, employees will be able
to use PTO time and after depletion, apply for Shared Leave until such time that they return to work or if
applicable, Short Term Disability would be available, whichever comes first.
5-5
b. Unscheduled Use - in the event the employee is unable to work due to unforeseen personal illness or
injury, or for other unforeseen reasons, the following provisions will apply:
1). Notification - If unable to report to work for any reason, employees must personally communicate
this fact to the Supervisor or designee as early as required by the individual's operating
department. Such notification must be made each time a scheduled work shift will be missed
unless his/her supervisor has pre-authorized otherwise, Employees failing to comply with this
provision (except for a showing of good cause as determined by the Department Director), will not
be paid for an unscheduled absence and will be subject to disciplinary action.
2). Verification of Need for Unscheduled Leave - The employee may be required to furnish medical
verification or other proof that unscheduled use of PTO was unavoidable. Such proof may be
requested by the employee's supervisor, Department Director or the Human Resources Manger,
3), The unscheduled use of Personal Time-Off on seven (7) or more occasions within a calendar year
will be documented to the employee's personnel file by the employee's supervisor and may reflect
negatively on the employee's annual evaluation, All consecutive work day absences for the same
reason will be considered as one occasion for the purpose of this policy. The unscheduled use of
PTO on seven or more occasions or as otherwise found to be excessive by the supervisor and
Department Director may be subject to discipline,
4), In the case of any unscheduled use of PTO leave due to personal illness or injury, the employee
may be required to obtain, at his/her expense, medical confirmation that he/she was unable to
perform work during said leave. The City reserves the right to require that such confirmation be
obtained from the City's health care provider, If the employee is required to obtain confirmation
from the City's health care provider, said confirmation will be at the City's expense,
2, Emerpency 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 willlae usiRg, as verified lay their DepartmeRt Direeter, 80 hours
of PTO within the calendar year in which the buy-back provision is used.
2, Pavment for Personal Time-Off at Separation - Upon termination, retirement or death, payment will be
paid, at the employee's base rate of pay, for unused PTO time up to the maximum accrual amount the
employee is allowed, (see Section 5.6.B.4. Maximum Accumulation).
a. The official separation date will be the last day of active employment and will not be extended with
unused PTO leave unless pre-authorized by the City Manager.
b. Upon the death of an employee, compensation of applicable unused accrued PTO leave will be paid to
the estate of the deceased employee.
E. OTHER PROVISIONS
1. PTO may be taken in quarter-hour increments and must be accurately reported on time sheets. PTO hours
will be charged against the employee's accrued PTO for only those hours the employee is regularly
scheduled to work. An employee may not take more PTO leave than they have accrued as of the date the
leave is used,
2. Designated holidays which occur during PTO leave will not be charged against PTO time,
3. PTO will not be counted as time worked for the purposes of computing overtime,
4. Forfeiture of accrued PTO leave as a disciplinary action will not be authorized and no employee will lose
accrued PTO leave when promoted, demoted, or transferred.
5-4
5.5. 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 will accrue Personal Time-Off on a bi-weekly basis for 26
pay periods each year according to the following schedule:
Bi-Weekly" Hours are rounded and do rnt reflect the full rate
40-HOUR 35-HOUR 30'HOUR 2S-HOUR 20-HOUR
STATUS STATUS STATUS STATUS STATUS
Vears of Bi- Annual Bi- Annual Bi- Annual Bi- Annual Bi- Annual
Service Week Accrual Week Accrual Week Accrual Week Accrual Week Accrual
Hrs. Davs Hrs. Davs Hrs. Davs Hrs. Davs Hrs, Davs
o through 5 6.15 20 5,38 17.50 4.62 15.00 3.85 12.50 3.08 10.00
6 through 10 7.08 23 6.19 20.00 5.31 17.25 4.42 14.00 3.54 11.50
11 through 15 8.00 26 7.00 22,75 6.00 19.50 5.00 16.25 4,00 13.00
16 or more 8.92 29 7.81 25.00 6.69 21.75 5,58 18.00 4.46 14.50
2. Personal Time-Off accruals will increase to the next level beginning on the first full pay period .following the
employee's appropriate anniversary date, (date of hire with the City as a "regular" benefited employee).
3. PTO will continue to accrue during periods of absence while the employee remains in an active pay status,
However PTO accrual will be discontinued during periods of Short Term Disability (STD) and Long Term
Disability (L 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 will be limited as shown in the
following chart. An employee who reaches the maximum accrual limit will not be credited with further
Personal Time-Off until their accruals are reduced below the limit.
40:AOUR 3S:HOUR 30~HOUR 25:HOUR 20'HOUR
StATUS STATUS 1.875\ STATUS 1.75\ stATUS (;625\ STATUS (.50\
Vears of Maximum Maximum Maximum Maximum Maximum
Service Accrual Hrs. Accrual Hrs Accrual Hrs Accrual Hrs Accrual Hrs
o through 5 210 183.75 157.50 131.25 105
6 through 10 240 210.00 180.00 150.00 120
11 through 15 270 236,25 202,50 168,75 135
16 or more 300 262.50 225.00 187,50 150
C, UTILIZATION
1. Schedulinq Personal Time-Off - Scheduled PTO is distinguished from unscheduled PTO by the degree of
control or discretion the City, through its Supervisors and Department Directors, exercise in the scheduling
of time off.
a. Scheduled Use - Every effort will be made to accommodate the employee's requested dates for PTO,
however, the scheduling of time off will be at the discretion of the Supervisor and/or Department
Director based upon operational considerations. To schedule leave, a Request for Leave form must be
submitted in advance of the use of the leave to the Supervisor or Department Director no less than five
(5) days prior to the usage of leave unless otherwise directed by the employee's Department Director.
5-3
5.3. RETIREMENT
Participation in a Retirement Plan is mandatory for all employees. Determination as to which plan will be used will
be in accordance with regulations established by the City. Details of plans are available in Human Resources,
5.4. OFFICIAL HOLIDAYS
The City Personnel Policies authorize holiday payor time-off for regular full-time and regular part-time employees
each year. A "Holiday" is worth eight (8) hours for regular full-time employees and is pro-rated for regular part-time
employees, based on the number of hours they are registered to consistently work on a weekly basis.
A OFFICIAL HOLIDAYS
1. The following holidays are recognized as municipal holidays for pay purposes, Regular full-time and
regular part-time employees have these days off with pay:
New Year's Day Memorial Day Veterans' Day Christmas Day
Martin Luther King Jr. Day Independence Day Thanksgiving Day
Presidents' Day Labor Day Day after Thanksgiving Day
2, Official City holidays which fall on Sunday will generally be observed on the following Monday, Those
which fall on Saturday will generally be observed on the preceding Friday,
3. During Official Holidays, most City departments will be closed. Exceptions are those departments
responsible for providing public safety/emergency services and the recreation center. Department
Directors have the discretion of determining who may work on an Official Holiday.
B. ELIGIBILITY CRITERIA
1. The total number of Official Holidays hours a regular employee is eligible for (based on their status, FT or
PT) will be available to them at the first of each year and may be utilized as approved by the relative
Department Director. The total number of Official Holiday hours granted to the employee each year must
be utilized during said year and will not carry over to the next year.
2, DURING AN EMPLOYEE'S FIRST YEAR OF EMPLOYMENT, the number of holiday hours available will
be pro-rated, based on the employee's date of hire.
3. Employees currently on unpaid leave (and not under Family or Medical Leave) will not earn holidays or
receive holiday pay,
C. UTILIZATION/COMPENSATION
1. Non-exempt employees who are required to work on official holidays, will be entitled to their regular rate of
pay for all hours worked on the holiday in addition to holiday pay (8 hours or pro-rated as applicable) 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 will be the last day of active employment and will not be extended with
unused holiday leave unless pre-authorized by the City Manager.
5-2
City of Wheat Ridge Personnel Policies
SECTION 5:
BENEFITS, PROGRAMS, AND LEAVES
Approved by Council: 01/14/08
Effective: 01/14/08
Sections Revised: 5.6.D.1.d., S.7A, 5.16., 5.17., 5.19.8., 5.23.E., 5.23.F.
5.1. GUIDELINE
The City Manager, subject to budgetary limitations set by the City Council, may provide fringe benefits to
employees. Such benefits may be enumerated and explained to Employees through these Policies, meetings,
orientation, memoranda, booklets, etc.
A. Except as may be governed by law or written agreement, benefits may be increased, decreased, eliminated,
changed or modified from time to time as deemed necessary or appropriate by the City Manager and approved
by the City Council. The City will make a reasonable effort to provide employees with a minimum of thirty (30)
calendar-day notice prior to the effective date of any benefit change which results in a reduction of benefits,
B. Leave and holiday time off as described in this section, excluding work breaks, may be requested and
approved in increments of at least 1/4 hour. Leave and holiday time used, if less than 1/4 hour, will be charged
as 1/4 hour used,
C. Some of the following benefit programs are described in greater detail in benefit plan documents that may be
reviewed in Human Resources, None of the following Policies is a summary plan description under the
Employee Retirement Income Security Act, as amended or under any other statute, regulation or rule, In the
event of any conflict between the following summaries and the terms of any employee benefit plan, the terms of
the employee benefit plan will control. Employees may review copies of any applicable summary plan
description or benefit plan by contacting the Human Resources Office,
5.2. EMPLOYEE ASSISTANCE PROGRAM
A. The following policy reflects the City of Wheat Ridge's concern for the 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.
S. The City encourages any employee who is experiencing any personal problem to seek assistance, either by
contacting a manager or the Human Resources Manager, or through outside service organizations.
1. Self-Referral - The City encourages any employee who is experiencing a personal problem to seek
assistance, either by contacting his or her supervisor, Department Director, the Human Resources
Manager, or through outside service organizations.
2. Suoervisorv-Referral - When a supervisor becomes aware of a developing pattern of unsatisfactory job
performance which has not been corrected through the City's standard disciplinary procedures or the
employee's own efforts, and when the supervisor believes it can be improved by participation in the
program, the supervisor may recommend or require the employee seek assistance.
C. It is not the role of any supervisor or manager to attempt to diagnose or resolve any employee's personal
problems. However, it is the responsibility of the supervisor to be clear about the job performance expectations
of employees, to document specifically any deviations from these expectations, both positive and negative, and
to take appropriate corrective action in the event the employee's job performance fails to meet acceptable
standards.
D, Only documentation relating to job performance may be placed in the employee's personnel file; however no
reference to suspected personal problems will be included, only when those personal problems directly relate
to the performance problem(s).
E. The City will not discriminate against any employee in terms of job security or promotional opportunities based
in any part on the voluntary use of the services discussed herein. Neither will participation in an assistance
program alter the job performance requirements of any employee.
F. Personal problems are the responsibility of the employee and, beyond the initial assessment and referral from
the employee assistance program will be the responsibility of the employee to bear the cost, in conjunction with
insurance.
5-1
C. Audit Process - The reclassification of a position can be accomplished only upon the completion of a
classification audit process, which follows the outline below:
1. Reclassification Request - Requests for reclassifications are submitted in writing to the Human Resources
Manager through the employee's Department Director. The Human Resources Manager may request
completion of part or all of the following:
. A copy of the most recently-approved position description with a detailed listing of specific additions,
deletions, or changes that have been made subsequent to the position's responsibilities with an
explanation as to how these alterations assist in meeting the goals and objectives of the City's strategic
plan(s);
. Any additional background material considered to be appropriate to document the change in the
position regarding its complexity, skills, or accountability, (e.g., activity log);
. A Position Task Questionnaire available from the Human Resources Office.
2. Classification Audit Process: Upon receipt of the Department Director's written request, the Human
Resources Manager conducts a classification audit involving the following steps:
a. Review of the specification changes that may include basic functions, examples of work, basic
qualifications, knowledge, skills, and required training and experience;
b, Identifies what changes in responsibilities would or would not justify the need to place the position in a
higher or lower classification and places a value to the classification as appropriate;
c, The information with a recommendation is forwarded to the City Mana~er, tl1e relative Department
Director, amI employee. for final action.
d. Tl1e City Mana~er r-ecei\'es ami considers the resommendatiens and determines tl1e pr-eper actien.
3, Timeline - Classification audits are accomplished in a timely fashion. The audit and the response
explaining the recommended action are delivered to the appropriate parties within a reasonable time,
generally within ninety (90) working days of receiving the request.
7.5. RECLASSIFICATION RESULTS
Upon approval of a reclassification, the position is assigned to the appropriate classification range, For results of
changes in compensation changes, see Compensation Section 6,6.
7.6. REQUEST FOR A NEW CLASSIFICATION
Any request for a new position to be established before the succeeding fiscal year must be submitted initially by the
Department Director to the City Manager or designee and Human Resources Manager. witl1 aR explaAatieA ef why
tl1e pesitieA is Reeded and l1e'.... it wi~1 zzsist :~ ::::mting tl1e City'~ ~~."]te~is plaA(s), aRd aAY ether pertinent
iRfermation; Hllman Resollrses will ee PFG'lided '/lith tl1e fellewin~: The request must include the following:
. A full description of the duties, functions, and responsibilities of the position with aR of!jaRizatienol sl1art
sl1ewin~ its relatieAsl1ip Ie existiA~ pssitior.z Z~~ ::lassificatioRs; with suggested qualifications and title;
. A statement explaining the impact and relationship of the new position or classification upon existing
positions and classifications;
. Explanation as to how the position(s) will assist in meeting the City's strategic plan(s); and,
. Other information that would justify the need for the new position or classification.
7.7 ESTABLISHMENT OF A NEW CLASSIFICATION SPECIFICATION
Requests for new classification tilles, classification specifications, and position descriptions are submitted through
the Department Director to the Human Resources Manager for consideration, Upon the City Manager's approval,
the Human Resources Manager provides a new classification title, new classification specifications, or a new
position description, The City Manager also directs the assignment of a proper classification range.
7.8. CLASSIFICATION OF TEMPORARY EMPLOYEES
For a temporary position, the Department Director may request a temporary title for the efficient operation of the
department without a proper working classification title. The request is submitted to the Human Resources
Manager and City Manager and includes appropriate justifications, classification specifications, a position
description, a recommended classification range, and a recommended rate of pay. Upon approval by the City
Manager, the Department Director may immediately fill the temporary position,
7-2
7.9. CLASSIFICATION OF EMERGENCY EMPLOYEES
Under emergency conditions that jeopardize public safety, the use of additional personnel not otherwise budgeted
may be required. A Department Director, or the Department Director's designated representative, may employ the
services of an emergency employee(s), with the prior approval of the City Manager or the City Manager's
designated representative. An emergency employee is placed in a proper classification range and is provided with
benefits as approved by the City Manager.
7.10. UNAUTHORIZED POSITIONS
No person may be hired as a regular employee in excess of the authorized number of positions as shown in the
budget nor in pay ranges other than authorized in the compensation schedule.
7-3
City of Wheat Ridge Personnel Policies
SECTION 11:
DISCIPLlNARY/CORRECTIVE ACTION AND APPEAL PROCEDURE
Sedion(s) Revised: 11,9A
Approved by Council: 01/14/08
Effective: 01114/08
11.1. DISCIPLINE OR CORRECTIVE ACTION
The City expects all employees to perform their job duties to the highest professional and business standards at all
times, Whether or not an employee's performance, conduct or behavior warrants disciplinary or corrective action is
within the judgment and discretion of the City, as is the appropriate type of discipline or corrective in a particular
instance. The City does not intend by this Policy to create any expectation that any employee will be assured of any
particular form of action, such as warning or notice, or progressive discipline, prior to dismissal. The City therefore
reserves the right, in all instances, to review each situation independently and make a decision on what it deems to
be appropriate action in all cases, up to and including discharge. Action taken by management in an individual
case should not be assumed to establish a precedent in other circumstances.
11.2. APPLICATION OF DISCIPLINE/CORRECTIVE ACTION
The Disciplinary/Corrective Action and Appeal Procedure applies to all classified employees and does not include:
the City Manager, Elected Officials, temporary, seasonal, volunteer, Federal/State or specially funded intern
employees, employees in a trial service status or as otherwise specified herein.
11.3. DEFINITIONS
A Disciplinary Authority - shall be the City Manager or his/her designee, Department Directors, Human
Resources Manager, Division Managers, and Supervisors, within the limits of authority as set forth in 11.7,
B. Disciplinary Action - refers to action taken by the disciplinary authority against an employee for cause,
including, but not limited to, reprimand, suspension, demotion, or discharge.
C. Corrective Action - refers to action taken by the disciplinary authority against an employee for cause, including,
but not limited to training, re-training, or return to trial service.
D. Business Day - for the purposes of this Policy, a time period of 8:00 am to 5:00 pm on a day of the week
except Saturday or Sunday or City recognized holiday.
E. WOrkday - An employee's scheduled daily hours of employment.
11.4. TYPES OF DISCIPLINE OR CORRECTIVE ACTION
A Consistent with the type and severity of reasons or grounds for disciplinary and/or corrective action, the
disciplinary authority, to include the City Manager, Department 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. Reprimand - Written: If a reprimand is in writing, a copy of the reprimand shall become a permanent record
in the employee's personnel file as maintained in Human Resources. The employee shall be provided a
copy of any written reprimand and shall be permitted to make a written response which shall be kept in the
employee's Personnel file as maintained in Human Resources.
3. 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. ~usoension: A disciplinary authority may suspend an employee from employment, with or without pay,
a. Exempt employees may be suspended without pay for one (1) or more days in accordance with
applicable law. A suspension without pay shall not exceed sixty (60) workdays,
11-1
b, A disciplinary authority may need to temporarily remove an employee from the work place promptly
because of a possibility of violence, disruption or work, insubordination, damage to property or persons
of if the employee is under the apparent influence of intoxicants or drugs or for any other reason which
requires prompt removal. The employee is placed on leave with pay, referred to as Administrative
Leave as outlined in Section 5,17. Such action may be imposed by the City Manager, Department
Director, Division Manager or Supervisor.
5. Demotion: A disciplinary demotion results in an employee's change in status to a lower pay step in the
same classification or to a position in a different classification with less responsible duties, lower
qualifications, and a lower maximum rate of pay. No employee is demoted to a classification for which the
employee does not possess the minimum qualifications,
6, Dismissal/Discharae.: 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) - Contents of a performance evaluation involves discretionary application of criteria
to an individual's job performance, deemed a legitimate function and prerogative of supervisory personnel.
11.6. REASONS OR GROUNDS FOR DISCIPLINARY AND/OR CORRECTIVE ACTION
A. Cause for initiating a disciplinary and/or corrective action shall include but is not limited to:
1. Unsatisfactory work performance, including a failure to demonstrate a reasonable competence or failure to
perform the duties of the position in a satisfactory manner;
2, Violation of any of the provisions of these Personnel Policies, procedures, ordinances, administrative
regulations or any departmental guidelines;
3. Any conduct outside the work place which interferes with the employee's ability to properly perform his/her
duties or which substantially prejudices the conduct of the City's business, including conflicts of interest;
11-2
4. Violation of work hours or attendance policies of the department, including job abandonment, (job
abandonment results when an employee does not show up for work and/or does not provide reasonable
communication before his/her scheduled work shift);
5, Failure to maintain specified departmental or other physical fitness levels;
6. Entry of a plea of guilty or nolocontendere or entry into a deferred judgment and sentence or conviction for
a felony, a crime of moral turpitude, or any other crime which involves the abuse of public office; or
consistent with the terms of Section 24- 34-402.5, C.R.S.;
7. Any employment, activity, or enterprise which involves the use for private gain of the City's time, facilities,
equipment, supplies, prestige, influence, badge, uniform, or privileged or confidential information, (See
Section 4.4 for prior approval stipulation);
8. Falsification or material omission in the application process for employment, or falsification or material
omission of any City-related record;
9. Use of undue influence to gain, or attempt to gain, promotion, leave, favorable assignment or other
individual benefit or advantage;
10, Failure to notify the supervisor of traffic violations or change(s) in driver's license status when it is required
as an essential function of the employee's job;
11. Discourteous behavior or treatment of others that violates City or departmental conduct standards;
12. Insubordination, including, but not limited to, failure to follow instructions given by a supervisor;
13. Possession of, or the use of, or being under the influence of alcohol or any illegal or illegally consumed
drugs when reporting for duty or while on duty;
14. Refusal to work overtime, or to work a designated shift or schedule, or to answer pagers or cell phones, or
to maintain efficient operation of pagers or cell phones;
15. Performance of an act in other than one's capacity as a City employee which may later be subject, directly
or indirectly, to control, inspection, review or audit by such employee or by the City;
16. Receipt or acceptance of gifts or gratuity from anyone other than the City for performance of an act or
function which employees would be required or expected to render in the regular course of City
employment, or as part of their duties as City employees;
17. Use or give permission to any other person to use any equipment, vehicle, materials or other asset owned
by the City, 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 City or other's property or to the health or safety of
others;
23. Conduct which violates any federal law, state law, or City Policy pertaining to employment, including
harassment and/or discrimination of any kind;
24. Any conduct demonstrating dishonesty in the work place;
25. Physical or verbal altercations and related misconduct in the work place, and/or during work time;
26. Conduct which would prejudice the City's or public's interest or any other unsatisfactory performance or
unacceptable conduct which, in the opinion of management, warrants discipline or corrective action
because it affects the employee's performance or the effective functioning of other employees, or
undermines public trust in the integrity of the City.
B, An employee shall not be disciplined more than once for a single specific act or violation, but he may be
disciplined for each additional act or violation of the same or similar nature.
11-3
11.7.
AUTHORITY TO TAKE DISCIPLINARY ANDIOR 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. Supervisors shall have the authority to give an official reprimand to an employee under their supervision and
relieve an employee of his/her duties in an emergency situation, pending further action by a higher level of
authority, Certain supervisors, upon approval by their Department Director, may suspend, with or without pay,
for one (1) day. A supervisor may recommend a Return to Trial Service, suspension, demotion, or discharge
against an employee under their supervision to their next chain of command.
8, Division Manaoers shall have the authority to reprimand and suspend, with or without pay, for up to two (2)
working days. A Division Manager may recommend a Return to Trial Service, suspension of more than two (2)
days, demotion, or discharge to his/her Department Director.
C, Human Resources Manaoer shall have the authority to make recommendations of any type of disciplinary
and/or corrective action to the Department Director in cases of discrimination, harassment, and/or workplace
violence claims.
D. DeQartment 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,
8. 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 12\ work days or less for disciplinary reasons, (not to include temporary or immediate
suspension) - Prior to imposing the suspension, the disciplinary authority shall meet with the employee to
discuss the matter and any proposed action, If the discussion to suspend is made by a disciplinary authority
other than the Department Director, the employee may request a review of the action by the Department
Director. The decision of the Department Director shall be final.
D. Susoension, Demotion and Discharo~ - 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,
11-4
2, Within seven (7) business days of receipt of the recommendation, the Department Director shall conduct
whatever review he/she considers necessary and appropriate. In the event he/she determines that
disciplinary action may be appropriate based on his/her review, or if the Department Director is the initial
disciplinary authority, the Department Director shall notify the employee in writing that he/she is considering
disciplinary action and state the reasons therefore. This written notification, titled Notice of Consideration
of Disciplinary Action, shall advise the employee of a time and place to meet with the Department
Director to respond to the written notification and inform the employee that he/she may submit a written
response.
3, Within seven (7) business days of the employee's receipt of the written notification, the Department
Director shall meet with the employee and review any written response submitted by the employee, and
shall give consideration to the oral and/or written responses. The employee is not entitled to any
representation, including legal counsel, at this meeting. At the Department Director's discretion,
Supervisors will be present. Thereafter, and within seven (7) business days, the Department Director shall
determine what disciplinary action, if any, shall be taken, In the event disciplinary action is taken, the
Department Director shall issue a memo titled, Notice of Discharge or Demotion or Suspension of More
Than Two Days, including a statement of reasons therefore and the effective date of the action, If a
temporary and immediate suspension was previously imposed, the Department Director may convert it to a
suspension without pay for non-exempt employees as part or all of the disciplinary action. If the
disciplinary action is discharge, demotion or suspension of more than two (2) days, the notice of
disciplinary action shall advise the employee of his/her appeal rights, The disciplinary action shall be
effective as stated in the notice of disciplinary action without regard to any subsequent appeal.
E, Time Limits - Should the administration herein defined as supervisory and management personnel need
additional time to complete the review in order to determine disciplinary action, the Department Director shall
submit to the City Manager a written request for an extension of time.
11.9. APPEALS
A. Employees, except those identified in Secti~~ .. ,2., below, have the right to appeal disciplinary actions that
include discharge, demotion, or suspension for more than two (2) working days, Exceptions:
1. Employees identified in Section 11.2;
2, When the City Manager serves in the capacity of the employee's Department Director.
B. An appeal may only be initiated by filing written notification to the City Manager within seven (7) business days
after their receipt of the written notice of a disciplinary action, The appeal must specifically state the facts upon
which the appeal is based.
C. The City Manager shall meet with the appellant, within seven (7) business days after receipt of the appellant's
request, and permit the appellant to state his/her reasons for any modification of the disciplinary action.
1. The meeting with the appellant can be limited in time by the City Manager. The appellant may bring
whatever matters to the City Manager's attention that are relevant, including any discipline imposed upon
others; his/her own work and discipline record; any mitigating circumstances, including any physical or
emotional illness of appellant; and any other matters,
2. The appellant shall not be entitled to bring any witnesses to the meeting, except as may be specifically
permitted by the City Manager upon prior request. The appellant may appear with his/her legal counsel at
his/her expense and the City may be represented by any person of choice, There shall be no transcript of
the meeting nor is it necessary to retain any submittals.
3. Subsequent to the meeting, the City Manager shall inform the appellant, in writing within seven (7)
business days, unless good cause exists for additional time, stating whatever determination has been
made regarding modification of the disciplinary action, The City Manager shall order whatever action is
necessary, if any, to implement his/her decision and shall notify the appellant, the Department Director and
the Human Resources Manager accordingly.
D. For the City's internal appeal process, the City Manager's decision is final.
11.10. TIME LIMITS
A. Should an employee not meet the deadlines established for each step of the appeal process and follow the
prescribed procedure, the appeal shall revert to the highest level at which an official decision was given and
he/she shall lose his/her right to further appeal in the matter.
B. Should the administration herein defined as supervisory and management personnel in the appeal process, not
act according to the procedures outlined, the appeal is carried automatically to the next highest authority
immediately after the prescribed time limit passes.
C, Time limits between the various steps may be waived and/or extended only by mutual written agreement of the
parties involved.
11-5
.".~...(
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ITEM NO:
ltC,
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE: January 14, 2008
TITLE: RESOLUTION 01-2008 DESIGNATING THE OFFICIAL PUBLIC
NOTICE LOCATION AND THE OFFICIAL NEWSPAPER OF GENERAL
CIRCULATION FOR THE CITY OF WHEAT RIDGE
o PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
o ORDINANCES FOR 1 ST READING (Date)
o ORDINANCES FOR 2ND READING (Date)
Quasi-judicial:
DYES
[i]NO
City Clerk . (~~
City Manager Cd?c-f~
- ~ 0'
EXECUTIVE SUMMARY:
State statute requires that each municipality annually establish the location for posting public notices, as
well as the newspaper in which notice will be published.
COMMISSIONIBOARD RECOMMENDATION:: N/A.
STATEMENT OF THE ISSUES,:
The resolution complies with state law; there is no change from current practice.
ALTERNATIVES CONSIDERED.: N/ A
FINANCIAL IMPACT: N/A
RECOMMENDED MOTION::
"I move to approve Resolution 01-2008.
or,
"I move to deny the approval of Resolution 01-2008 for the following reasons:
Attachments:
1. Resolution 01-2008.
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 01
Series of 2008
TITLE: A RESOLUTION DESIGNATING THE OFFICIAL PUBLIC NOTICE
LOCATION AND THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR
THE CITY OF WHEAT RIDGE, COLORADO
WHEREAS, the Colorado Revised Statutes require municipalities to designate
official public notice and publication locations for legal notices, and
WHEREAS, such locations must be approved by the governing body of the
municipality annually; and
WHEREAS, the City is required by Charter, ordinance and state law to publish
certain notices.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Public notice of public meetings of the City Council, Planning
Commission, Board of Adjustment, and all other board, commission, committee, and
advisory board meetings for which public notice is required shall be posted on the first
floor bulletin board at the Municipal Building, 7500 W 29th Avenue, Wheat Ridge,
Colorado, which location shall be deemed the official posting location for the City.
Section 2. Except as otherwise permitted by Sections 5.2 and 5.12 of the
Charter, notices and other information required to be published in a newspaper of
general circulation within the City shall be made in the Wheat Ridge Transcript; except
that, where the City Clerk determines that the submission schedule, publication
deadline, or the circumstance makes publication in the Wheat Ridge Sentinel ineffective
or otherwise undesirable, the City may publish official notice in another newspaper
circulated within the City such as, but not limited to, the Denver Post or Rocky Mountain
News.
Section 3. This resolution shall be effective upon adoption.
DONE AND RESOLVED this 14th day of January, 2008.
Jerry DiTullio, Mayor
ATTEST
Michael Snow, City Clerk
ATTACHMENT 1
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ITEM NO:
1.1),
REQUEST FOR CITY COUNCIL ACTION
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I,.
COUNCIL MEETING DATE: January 14,2008
TITLE: PAYMENT TO MORRAY DAHL KUECHENMEISTER &
RENAUD LLP FOR DECEMBER, 2007 CITY ATTORNEY SERVICES
IN THE AMOUNT OF $28,072.53.
D PUBLIC HEARING
l!J BIDSIMOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (Date)
D ORDINANCES FOR 2ND READING (Date)
Quasi-judicial:
DYES
[X] NO
Deputy City Manager ~
City Manager ~~
EXECUTIVE SUMMARY:
Murray Dahl Kuechenmeister & Renaud LLP provides City Attorney services for the City of Wheat
Ridge. General City Attorney services include support to City Council, staff and the Liquor
Licensing Authority. Other services provided by the City Attorney include Municipal Court services,
special projects, personnel and litigation services. Due to several ongoing projects, City Attorney
services for the month of December, 2007 exceed the $25,000.00 purchasing limit and therefore
require City Council approval for payment.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
N/A
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
City Attorney services are authorized line items in the 2007 adopted budget. No additional financial
impact. The attorney fees for 2007 are under budget for the year.
llliCOMMENDED MOTIONI
"I move to approve payment to Murray Dahl Kuechenmeister & Renaud LLP for December 2007
City Attorney Services in the Amount of $28,072.5 3."
or,
"I move to deny payment for the following reason(s)
"
Report Prepared by:
Reviewed by:
Robbe Thibault, Executive Assistant
Patrick Goff, Deputy City Manager
Attachments:
1. Invoice Dated December 31, 2007.
080128 CIRSA Payments, doc
CITY OF WHEAT RIDGE PURCHASE REQUISITION
Ordering Department tldrnintsf-r&HfJrJ
Suggested Vendors fl1ur~ tbJ,/ lllH'r),,,,, IYI,,/:.<::-Ier
oj; tPJ2M/JJyj _ LLP
RequisilionlVendor No.
Circle One:
New Order
Confirming
Deliver To Address:
Purchase Order No.
City Manager's Signature, n over $3,000"
UNIT
PRICE
TOTAL
QUANTITY UNIT DESCRIPTION
53;;&7- c!/~ Ot/tJrlJe't: c",.J1ti'yaJ
630:;.'7. 11 "j-'7~.DelJ. f!a6e/a../'j
53019'7.;;L ~ (!oUA..:J-
53tB7..5 !?-r:smne /..; Llf~ofJOtJ
Requisitioned bYc:Jfi!!~~ Date 1/ S/t>Ji
Authorized bYY~ Date 1--8-di"
WR.3-6
BUDGET
ACCT.
O/./IJ'I.'7f./()..'!STJ
of-I tJ7-'la'JJ?17
~/-II) 7-'1 {)() -70 'I
ol-I01-1(D.. 7'11
Received b~
(Sign to authorize paymelttf
~nient ')
41
Date
/5,'/95. .:l5
"b30S.6Lt'
1..,.5"30. to
I,;}"!/.{. 00
,g8,~'7tl.b:3,
Date /"r----o8"
RECEIVED
JAN 0 7 2008
Murray Dahl Kuechenmeister & Renaud LLP
Attorneys at Law
2401 15th Street Suite 200
Denver, CO 80202
Ph: 303-493-6670
Fax:303-477-0965
City of Wheat Ridge
7500 West 29th Ave.
Wheat Ridge, CO 80033
Dee 31, 2007
Attention: City Manager
Matter Description Fees Disbs Total
53027 City Attorney: General OH()1~ 1Db~75{)$15,362.50 $132.75 $15,495.25
53027.17 1-70 Dev. - Cabela's oHo7-1oo-1f(! $4,770.00 $33.28 $4,803.28
53027.2 Municipal Court OI-lfJ7-1OD-1tJ'f $0.00 $6,530.00 $6,530.00
53027.3 Personnel & Litigation o Ho7 -1bO-1Qf$i,I92.50 $51.50 $1,244.00
Totals: $21,325.00 $6,747.53 $28,072.53
-_.._,_.....~
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[)JJ fLL r1 ~ 5
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ATTACHMENT 1
Mu1TllJ' Dahl Kuechenmeister & Renaud LLP
Attorneys at Law
2401 15th Street Suite 200
Denver, CO 80202
Ph:303-493-6670
Fax:303-477-0965
December 31, 2007
City of Wheat Ridge
7500 West 29th Ave.
Wheat Ridge, CO 80033
Matter #; 53027
Attention: City Manager Inv #: 4864
RE: City Attorney: General
DATE DESCRIPTION ATTY RATE HOURS AMOUNT
Dec-02-07 Review and respond to email from CMP $110.00 0.50 55.00
H.Geyer and J.Evans re: Civitas.
Dec-03-07 review; respond to email correspondence GED $150.00 0.70 105.00
Telephone calls with DiTullio; Young; GED $150.00 1.50 225.00
draft/revise memorandum to council
regarding executive assistant to mayor
Prepare for/attend council study session GED $150.00 3.00 450.00
conference Beery; telephone conversation GED $150.00 0.50 75.00
Johnstone regarding bail bonding and
regulation to control same.
Review state statutes and HB 02-1040 CNB $150.00 1.00 150.00
regarding liquor license application
contents and attmempted state
preemption oflocallicensing authority's
ability to use its own criminal history
background check forms, review
individual history form required by state,
confer with Sgt. Balafas regarding all.
Confer with G. Dahl regarding research CNB $150.00 1.00 150.00
into local regulation and/or licensure of
bail bonds businesses; phone conference
with G. Dahl, K. Johnstone and T. Crane
regarding same and possible
questions/options at Council meeting this
evening; advise G. Dahl regarding results
Invoice #: 4864 Page 2 December 31, 2007
of research into City's obligation to pay
costs of fiduciary liability insurance for
police pension fund.
Email H. Geyer re: Civitas meeting; CMP $110.00 1.50 165.00
review file; schedule meeting re: Civitas
right of way agreement.
Review and respond to email; research CMP $110.00 2.25 247.50
and draft swnmary of statutory
authorization for surcharges, service fees
and payments in lieu of taxes re:
Fruitdale Sanitation District.
Dec-04-07 review; respond to email correspondence GED $150.00 1.00 150.00
revise RFCA and ordinance for municipal GED $150.00 0.50 75.00
court marshals
Phone call from B. Chyr re: Kaiser audit; BBS $120.00 0.25 30.00
set up appointment with B. Chyr to
review adjustments.
Draft swnmons and complaint re: CMP $110.00 2.00 220.00
Cardinal Health; email B. Chyr.
Review and respond to email re: Civitas; CMP $110.00 4.00 440.00
research telecommunication law re:
customer privacy issues and legal
authorization to force release of granular
customer data.
Review and respond to email re: CMP $110.00 0.25 27.50
Fruitdale Sanitation District.
Dec-05-07 Office conferences at municipal building: GED $150.00 4.50 675.00
Fruitdale sanitation district matter; Wheat
Ridge water district service charges to
Richards Hart estate; prosecution
arrangements; conference R. Young and
P. Goff
review; respond to email correspondence GED $150.00 1.00 150.00
conference Beery; Telephone call with GED $150.00 0.50 75.00
Jepkema regarding subpoena
Discuss with C. Price miscellaneous BBS $120.00 0.25 30.00
contractual questions concerning Civitas
contract.
Review e-mail correspondence from Sgt. CNB $150.00 1.50 225.00
Jepkema regarding subpoena to appear at
criminal trial of defendant who filed a
complaint against arresting detective,
,.
Invoice #: 4864 Page 3 December 31, 2007
confer with G. Dahl regarding
constitutional protections applicable to
details of internal affairs investigations
and acceptable bounds of testimony in
response to subpoena, phone conference
with Sgt. Jepkema and G. Dahl regarding
same; phone conference with public
defender S. Woods regarding Sgt.
Jepkema's subpoena, desired testimony,
provide Woods with letter from Jepkema
regarding outcome ofIA investigation
into defendant's (Craig) complaint; advise
Sgt. Jepkema regarding status via
telephone.
Edit and fmalize written analysis of City's CNB $150.00 0.75 112.50
obligation to bear expense of police
pension plan board's fiduciary liabliity
insurance, send via electronic mail to J.
Cassa and P. Goff.
Review email and phone message from CMP $110.00 2.50 275.00
G.Dahl; edit ordinance and RFCA re:
municipal court marshals; teiephone calls
P.Balafas and L.Steegel re: same; email
P.Goff ordinance and RFCA re:same.
Telephone call H. Geyer; Conference CMP $110.00 0.50 55.00
with B. Scantland; both re: Civitas right
of way agreement and City's interest in
requiring certain information.
Review file and prepare for telephone CMP $110.00 1.50 165.00
conference; telephone conference with G.
Dahl and P. Goffre: Fruitdale Sanitation
District; email C. Kuechenmeister;
review and discuss letter from M. Boster
re: justification for Fruitdale District
service charge with G. Dahl; research
case-law cited by M. Boster.
Dec-06-07 review; respond to email correspondence GED $150.00 1.00 150.00
draft letter to WR water district regarding GED $150.00 0.50 75.00
service at Richards-Hart estate
Meeting with B. Chyr re: Kaiser audit BBS $120.00 2.00 240.00
and revised numbers.
E-mail correspondence with S. Woods CNB $150.00 0.25 37.50
regarding sufficiency ofletter from Sgt.
Jepkema to client/defendant Craig, need
for Sgt. Jepkema to be on-call for trial.
Invoice #: 4864 Page 4 December 31, 2007
Draft memorandum to H. Geyer re: CMP $110.00 1.75 192.50
Civitas; review and respond to email re:
same; preparation for meeting on 12/10.
Review City practices for training peace CMP $110.00 0.75 82.50
officers and costs associated therewith;
review ordinance re: municipal court
marshals; telephone call to P.Goffre:
municipal court marshal RFCA and
financial impact statement.
Draft complaint re: Cardinal Health CMP $110.00 2.50 275.00
excess tax collection.
Review and compile sign code CMP $110.00 0.50 55.00
information per G. Dahl request.
Dec-07-07 Phone call from B. Chyr re: meeting with BBS $120.00 0.25 30.00
B. Franco from Kaiser; follow up with G.
Dahl.
Research and compile code provisions re: CMP $110.00 4.00 440.00
billboard inquiry from Denver City
Attorney; telephone call to M. Taylor;
draft summary memorandum; email G.
Dahl.
Telephone call to H. Geyer re: Civitas. CMP $110.00 0.25 27.50
Dec-l0-07 review; respond to email correspondence GED $150.00 0.50 75.00
conference regarding ad valorem charge GED $150.00 0.60 90.00
prepare for and attend council meeting GED $150.00 3.00 450.00
Phone call with Anna from Kaiser re: BBS $120.00 0.50 60.00
status of updated/adjusted audit;
communication with B. Chyr re: meeting
with B. Franco from Kaiser re: adjusted
audit.
Dec-ll-07 review; respond to email correspondence GED $150.00 0.50 75.00
first draft ordinance for assistant to mayor GED $150.00 1.50 225.00
and council
draft letter to T. Boster regarding GED $150.00 0.50 75.00
Fruitdale San District charges
Dec-12-07 review; respond to email cvw".pondence GED $150.00 1.00 150.00
revise letter to attorney for Fruitdale San GED $150.00 1.50 225.00
District; email correspondence and
'-
Invoice #: 4864 Page 5 December 31, 2007
research on use of ad valorem taxes to
fund service charges
Draft complaint re: Cardinal Health Tax CMP $1l0.00 1.50 165.00
matter.
Research re: whether state or federal law CMP $1l0.00 3.75 412.50
requires on-site property managers for
certain sized multifamily or commercial
rental properties.
Research re: how utilities may calculate CMP $1l0.00 1.25 137.50
service charges.
Liquor Authority: email with C. Jones, DSK $150.00 0.75 112.50
review packet for December 13th hearing
Dec-13-07 review; respond to email correspondence GED $150.00 1.00 150.00
Review letter concerning Fruitdale San GED $150.00 1.00 150.00
District charges; conference Price; review
research
Return phone call to B. Chyr re: meeting BBS $120.00 0.75 90.00
with B. Franco from Kaiser re: audit.
Phone call to attorney at Kaiser re: BBS $120.00 1.50 180.00
meeting with B. Franco; left message;
draft memo to file re: status of the case
and possible steps for resolution; phone
call from Kaiser attorney.
Email from P. Balafas re: Police BBS $120.00 0.25 30.00
Academy Alwnni Association and status
of the same; confirm standing with
secretary of state and follow up email re:
the same.
Phone conference with Sgt. Balafas CNB $150.00 0.25 37.50
regarding PD's implementation of
lock-box program for senior citizens,
desired review of proposed release and
waiver form.
Research case law re: Fruitdale Sanitation CMP $1l0.00 1.50 165.00
District; confer with G. Dahl re: response
letter to District.
Dec-14-07 review; respond to email correspondence GED $150.00 0.60 90.00
Message from attorney at Kaiser; BBS $120.00 0.25 30.00
returned call and left message.
Review case law, edit and send letter to CMP $110.00 1.00 110.00
Fruitdale District attorney M. Boster.
Invoice #: 4864 Page 6 December 31, 2007
Review research re: requiring an on-site CMP $110.00 1.00 11 0.00
manager for certain sized rental
properties; telephone conference with the
Department of Housing and Urban
Development re: federal regulations
requiring on-site managers.
Dec-16-07 Follow up and filing re: tax matters. BBS $120.00 0.50 60.00
Correspondence with P. Balafus re: BBS $120.00 0.25 30.00
citizen police academy alumni
association.
Dec-l 7-07 review; respond to email correspondence GED $150.00 0.50 75.00
Review and analyze documents proposed CNB $150.00 2.50 375.00
by Colorado State Patrol for Police
Department and employee execution in
connection with Police Department's use
ofCSP's driving track for training
purposes - review Agreement between
CSP & Department and Release and
Waiver for individual signature; provide
opinion and thoughts concerning same to
G. Dahl via electronic mail.
Dec-l 8-07 review; respond to email correspondence: GED $150.00 3.00 450.00
ESTIP question; ordinance for assistant
to mayor; inquiries by city staff
Draft memorandum to WRPD CNB $150.00 1.00 150.00
Commander Lorentz regarding review of
and opinions concerning Colorado State
Patrol proposed agreement and waiver of
liability for use of the driving track,
provide draft to G. Dahl for review.
Review email from K. Johnstone and CMP $110.00 0.50 55.00
Chief Brennan re: ordinance clarifYing
enforcement responsibilities between
departments; review notes from April
meeting re: same.
Teleconference with G. Dahl re: costs of CMP $110.00 5.50 605.00
utility relocation; research case law re:
responsibility for relocation of utilities
and whether companies are authorized to
pass through such costs to consumers;
draft email memorandum; email G. Dahl.
Dec-l 9-07 review and respond to email GED $150.00 1.50 225.00
correspondence
Invoice #: 4864 Page 7 December 31, 2007
review and revise billboard ordinance GED $150.00 2.00 300.00
Dec-20-07 prepare for and attend office conferences GED $150.00 4.00 600.00
at municipal building:
armexation/dearmexation; billboard
regulation
revise ordinance and letter request for GED $150.00 1.00 150.00
disconnection (Arvada)
Review Articles of Incorporation for BBS $120.00 0.50 60.00
Wheat Ridge Citizen Police Academy
Alumni Association; follow up email to
P. Balafas re: next steps for Board of
Directors to take.
Kaiser tax audit: Phone call with Anna BBS $120.00 1.00 120.00
from Kaiser re: rescheduled meeting and
suggestion that Kaiser document any
objection to paying the estimated tax
through 2007; email follow up with B.
Chyr; email follow up with S. Koontz.
Edit and finalize memorandum to CNB $150.00 0.50 75.00
Commander Lorentz regarding drive
track agreement and release proposed by
Colorado State Patrol, send to
Commander Lorentz via e-mail.
Review and respond to email re: Code CMP $110.00 3.00 330.00
revisions requested by K. Johnstone;
telephone calls to K. Johnstone and M.
Reckert; conferences with G. Dahl and C.
Beery re: same; review file re: previous
revisions to Chapters 15 and 26 of the
Code.
Dec-21-07 review; respond to email correspondence; GED $150.00 2.00 300.00
Carnation Festival complaint;
Review materials regarding WRPD's CNB $150.00 1.50 225.00
Lock Box program for senior citizens and
proposed Release to be executed by
participants provided by Officer Eversole
and Sgt. Balafas; e-mail Sgt. Balafas
regarding same and time frame for
implementation of the programJRelease.
Dec-26-07 Review and respond to email BBS $120.00 0.25 30.00
correspondence from S. Koontz at Kaiser
re: tax audit.
Invoice #: 4864 Page 8 December 31, 2007
Dec-27-07 Telephone call to M. Reckert re:Chapter CMP $110.00 0.50 55.00
15/26 ordinance; review notes and emai1
re: same.
Review email re: Civitas; update file re: CMP $110.00 0.50 55.00
same.
Dec-28-07 Telephone conference with K. Johnstone; CMP $110.00 5.00 550.00
review memorandum requesting
ordinance; initial draft of ordinance;
telephone call to M. Reckert re: same.
Review letter from M. Boster re: CMP $110.00 0.50 55.00
Fruitdale Sanitation District; review file;
draft email to G. Dahl.
Dec-29-07 review response from attomey for GED $150.00 1.00 150.00
Fruitdale Sanitation District; respond;
reply to emai1 correspondence
Dec-30-07 billboard ordinance: review draft and GED $150.00 2.00 300.00
revise; email correspondence; instruct
Price regarding stipulated motion in trial
court
review; respond to email correspondence GED $150.00 1.00 150.00
Dec- 31-07 Telephone call with DiTullio; review GED $150.00 2.00 300.00
materials regarding assistant for mayor
and council; clerk; revise ordinance
review; respond to email correspondence GED $150.00 1.00 150.00
Review and respond to email re: CMP $110.00 0.50 55.00
Fruitdale district fees.
Totals 117.65 $15,362.50
DISBURSEMENTS
Dec-O 1-07 West Law Research 42.85
Dec-02-07 Print Jobs 0.30
Dec-03-07 Photocopies 23.90
Print Jobs 12.90
Dec-04-07 Print Jobs 5.90
Dec-05-07 Photocopies 3.80
Print Jobs 7.30
Dec-06-07 Print Jobs 7.10
Dec-07 -07 Photocopies 1.80
Print Jobs 0.60
Dec-08-07 Print Jobs 0.30
Dec-10-07 Photocopies 0.10
Invoice #: 4864 Page 9
Print Jobs
Dec-I 1-07 Print Jobs
Dec-I2-07 Print Jobs
Dec-13-07 Print Jobs
Dec-I4-07 Photocopies
Print Jobs
Dec-I 6-07 Print Jobs
Dec-I 7 -07 Print Jobs
Totals
December 31, 2007
1.00
0.50
9.10
6.60
2.30
4.80
0.30
1.30
$132.75
Previous Balance
Previous Payments
$15,495.25
13,075.79
13,075.79
Total Fee & Disbursements
Balance Now Due
$15,495.25
TAX 10 Number
20-1943771
GED
BBS
CNB
CMP
DSK
TIMEKEEPER LIST
Gerald E. Dahl
B. Brittany Scantland
Cannen N. Beery
Christopher M. Price
Debra S. Kalish
Senior Partner
Associate
Associate
Associate
Associate
Murray Dahl Kuechenmeister & Renaud LLP
Attorneys at Law
240 I 15th Street Suite 200
Denver, CO 80202
Ph:303-493-6670
Fax:303-4 77 -0965
December 31,2007
City of Wheat Ridge
7500 West 29th Ave.
Wheat Ridge, CO 80033
Attention: City Manager
Matter #:
Inv #:
53027.17
4865
RE: 1-70 Dev. - Cabela's
DATE DESCRIPTION ATTY RATE HOURS AMOUNT
Dec-05-07 conference Beery; prepare for meeting of GED $200.00 3.50 700.00
Longs Peak Metro District; Telephone
call with S. Thomas and T. Leonard.
Review file materials in preparation for CNB $190.00 4.75 902.50
12/6 LPMD meeting - review IGA
between City and District, review
District's service plan; review meeting
agenda, e-mail question regarding IGA
item on agenda to S. Thomas; phone
conference with T. Leonard and G. Dahl
regarding the meeting, confer with G.
Dahl regarding current issues to monitor
between City, District, development,
street access issues, etc.
Dec-06-07 attend a portion of meeting of Longs GED $200.00 0.75 150.00
Peak District board; follow up with Beery
Attend a portion of Longs Peak Metro CNB $190.00 1.00 190.00
District Board meeting.
Dec-IO-07 prepare for and attend meeting regarding OED $200.00 2.70 540.00
TMAC; traffic infrastructure; review
draft 2nd amendment to LPMD/City IGA
E-mail correspondence with S. Usagani CNB $190.00 2.50 475.00
regarding next regular Longs Peak Metro
District Board meeting, preparation of
items/packet for same; draft Second
Amendment to lOA between District and
City concerning the conveyance of
Invoice #: 4865 Page 2 December 31, 2007
encumbered property of smaller value, as
discussed at last District Board meeting;
provide draft to G. Dahl; edit IGA as
requestd by G. Dahl and provide to T.
Paranto and R. Young for review via
e-mail.
Dee-II -07 review; respond to email correspondence GED $200.00 0.50 100.00
regarding Coors parcel annexation
E-mail correspondence with T. Paranto CNB $190.00 0.50 95.00
regarding second condition contained in
Second Amendment to the IGA between
the District and City; phone conference
with T. Paranto regarding same; advise
G. Dahl regarding Paranto's comments
and possible amendments to draft
amendment.
Dec-12-07 Amend draft Second Amendment to IGA CNB $190.00 0.50 95.00
between District and City as a result of
discussion with T. Paranto and G. Dahl,
provide draft to Paranto, R. Young and T.
Leonard; review e-mail from Paranto
regarding same.
Dec-14-07 E-mail correspondence with R. Young CNB $190.00 0.50 95.00
and T. Leonard regarding review of
Second Amendment to IGA between City
and LPMD; provide final draft of Second
Amendment to District counsel S.
Usagani via e-mail; e-mail
correspondence with Usagani regarding
recordation of the original IGA and the
First Amendment, provide copy of fully
executed First Amendment to Usagani.
Dee-I 8-07 review and revise easement agreement GED $200.00 1.00 200.00
with Coors for stormwater
Review and respond to e-mail CNB $190.00 0.25 47.50
correspondence from P. Goffregarding
recordation of original IGA between City
and Longs Peak Metropolitan District and
any amendments thereto.
Dee-I 9-07 research and Telephone call with Paranto GED $200.00 0.50 100.00
regarding utility relocation costs
review and respond to comments from GED $200.00 1.00 200.00
Coors on drainage utility easement
agreement
Dec-20-07 E-mail correspondence with S. Usagani CNB $190.00 1.00 190.00
and S. Thomas ofSeter & Vander Wall
Invoice #:
Dec- 21-07
Dec-30-07
4865
Page 3
regarding agenda for 12/21 LPMD Board
meeting - inclusion oflGA amendment
between City and District on same;
review draft Second Amendment and
notes on same in preparation for Board
meeting.
Attend Long's Peak Metropolitan District
Board meeting.
Coors easement: review; revise; add
changes recommended by CIRSA; email
Bowers; email Paranto regarding
indemnification
Totals
DISBURSEMENTS
Dec-05-07
Dec-28-07
Print Jobs
Mileage to/from Long's Peak Metro District
Board meeting 12/6/0734 @ 0.485
Mileage to/from Long's Peak Metro District
Board meeting 12/21/0734 @ 0.485
Totals
Total Fee & Disbursements
Previous Balance
Previous Payments
Balance Now Due
TAX ID Number
20-1943771
GED
CNB
TIMEKEEPER LIST
Gerald E. Dahl
Cannen N. Beery
December 31, 2007
CNB $190.00
GED $200.00
0.30
16.49
16.49
$33.28
1.00
190.00
2.50
500.00
24.45
$4,770.00
$4,803.28
772.80
772.80
$4,803.28
Senior Partner
Associate
Murray Dahl Kuechenmeister & Renaud LLP
Attorneys at Law
2401 15th Street Suite 200
Denver, CO 80202
Ph:303-493-6670
Fax:303-477-0965
City of Wheat Ridge
7500 West 29th Ave.
Wheat Ridge, CO 80033
Attention: City Manager
Matter #:
Inv #:
RE: Municipal Court
DISBURSEMENTS
Dec-27-07
City of Wheat Ridge Prosecution
6,530.00
Totals
$6,530.00
Total Fee & Disbursements
Previous Balance
Previous Payments
Balance Now Due
TAX ID Number
20-1943771
December 31, 2007
53027.2
4866
56,530.00
7,580.20
7,580.20
56,530.00
Murray Dahl Kuechenmeister & Renaud LLP
Attorneys at Law
2401 15th Street Suite 200
Denver, CO 80202
Ph:303-493-6670
Fax:303-477-0965
City of Wheat Ridge
7500 West 29th Ave.
Wheat Ridge, CO 80033
Attention: City Manager
RE: Personnel & Litigation
DATE
Dec-D3-07
Dec-13-07
Dec-17 -07
DESCRIPTION
review court of appeals decision on
billboard case; revise memorandum to
council; telephone conferences with
attorneys for billboard companies;
prepare for council study session
Revise memo re: status of Viae om
litigation for Council; attend phone
conference with O. Dahl and R. Fano;
review staff report and associated
materials; attend phone conference with
K. Johnstone and T. Crane and O. Dahl.
billboard ordinance: Telephone call with
D. Holme; email correspondence
regarding settlement
Review email correspondence re: next
steps to take in Viacom case.
memorandum to council; review
Cornerstone decision
Totals
DISBURSElhJ!,r~ . ~
Dec-04-07
Dec-07-07
Dec-l 0-07
Print Jobs
Print Jobs
City of Wheat Ridge - Heizer Paul, LLP
Matter #:
Inv #:
ATTY
December 31, 2007
53027.3
4867
RATE HOURS AMOUNT
OED $150.00
BBS $135.00
OED $150.00
BBS $120.00
OED $150.00
0.20
1.30
50.00
3.50
525.00
2.50
337.50
1.00
150.00
0.25
30.00
1.00
150.00
8.25
$1,192.50
Invoice #:
4867
Page 2
December 31, 2007
Totals
$51.50
Previous Balance
Previous Payments
$1,244.00
1,622.70
1,622.70
Total Fee & Disbursements
Dalanee Now Due
$1,244.00
TAXIDNumber 20-1943771
GED
BBS
TIMEKEEPER LIST
Gerald E. Dahl
B. Brittany Scantland
Senior Partner
Associate
,,~J. .,..
~ _ '" City of
?WheatRLdge
ITEM NO: ~ I
REQUEST FOR CITY COUNCIL ACTION
~ft~...
I __~
COUNCIL MEETING DATE: January 14, 2008
TITLE: STREET WIDTH DESIGNATION FOR: 1) 32ND AVENUE,
ZINNIA ST. TO WRIGHT CT. 2) YOUNGFIELD STREET, FROM 500
FEET SOUTH TO 600 FEET NORTH OF 32ND AVENUE.
3) YOUNGFIELD FRONTAGE ROAD, 32ND AVE. TO 600 FEET NORTH
AND PORTION LOCATED BETWEEN INTERSTATE 70 AND THE LA
r\TTTl\.TT A DUI"\DVDTV
'..t..U.l.l.......I.r1.I..I.'-"-'.I.~.I.'-......
[!] PUBLIC HEARING
[!] BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date)
D ORDINANCES FOR 2ND READING (Date)
Quasi-judicial:
DYES
[Xl NO
o;_,o']>ob', wo';:;;: Lf
City Manager ~...
"'~
Q
EXECUTIVE SUMMARY:
Section 5-20 of the City Charter provides for a process that allows the adjacent property owners to
review any plan to establish or change a street width. Portion of the City street network identified for
improvement in the W32/I70 Environmental Assessment, which is currently under design, proposes
widening the street width. The affected segments are: 1) 32nd Avenue, Zinnia St. to Wright Ct. 2)
Youngfield Street, from 500 feet south to 600 north of32nd Avenue. 3) Youngfield Frontage Road, 3Znd
Ave. to 600 north and between Interstate 70 and the La Quinta Property.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The streets under consideration for width changing is a result of the Environmental Assessment
completed in February 2007 for West 32nd Avenue and In~",,,u.~~ 70. This docwnent was prepared in
conjunction with the proposed Cabela Project and future development plan for the area. The assessment
recommends that these streets be widened to relieve congestion for both current and future traffic
demand in the area.
These streets are proposed to be expanded with additional thru lanes and turn lanes which will widen
these street segments from the existing varying width of25 to 76 feet to as much as the proposed 64 feet
and 100 feet widths. Additional right of way for the widening of affected segments is in the acquisition
process administered by the Longs Peak Metropolitan District. The City will maintain the improvements
upon fmal acceptance of construction.
The street width designation process includes public notification and a public hearing. Published notices
were enacted on December 27, Z006. The process allows property owners to review the proposed plan
and submit a protest petition if they choose to do so. The City Council is to make the final decision
regarding the petition, if one is presented.
ALTERNATIVES CONSIDERED:
None
FINANCIAL IMPACT:
The improvements of these streets are funded in part by the approved Z008 CIP budget line item 3Znd
Avenue & Youngfield Improvement in the amount of $1 ,268,000.00. The current design requires a
change of street widt:l;1.
J{ECOMMENDED MOTION:
"I move that a street width for Youngfield Street, Youngfield Frontage Road and 32nd Avenue as
presented in the attached exhibits be established."
or,
"I move to not approve a change in the street width for these streets because the proposed street
width is not in the best interest of the neighborhood."
Report initiated by: Steve Nguyen, Engineering Manager
Reviewed by: Tim Paranto, Director of Public Works
Attachments:
I. Proposed street width drawings and map
2. Public Notice
cc:
~
,
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Left Turn Left Turn Thill
Lane Lane Lane
~ ~ t
lfaI'U - T' -
"',.':i',....
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-
................ ; ,T--';';"-;'-- -"rn_,,",..-
1"
Thill
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1"
Accel
Lane
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Sidewalk I
Right Turn
Lane
.J
Thill
Lane
.
'~=
Thill
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.
-
PROPOSED STREET WIDTH
YOUNGFIELD STREET - NORTH OF W. 32nd AVENUE
(Viewing North @ ST A: 148+00)
.,~ R'
i?' i?' 1?' 1?' 1?' 1?' R'
Right Turn Thill LeftTum Thill Thill Accel Sidewalk
Lane Lane Lane Lane Lane Lane
.J . ~ t t \
jII 't. uu\;>
-~ ,. .... ...Y> -- ~" ... }~ ,-, ~
-~
~ -
EXISTING STREET WIDTH
YOUNGFIELD STREET - NORTH OF W. 32nd AVENUE
(Viewing North @ STA: 148+00)
CITY OF WHEAT RIDGE
DEPT. - OF PUBLIC WORKS
ENGINEERING DIVISION
YOUNGFIELD STREET
NORTH OF W. 32ND AVE.
(SEGMENT A)
./
r
p,7 R'
10' '0' '0' .0' '0' '0' '0' A'
Thru Left Tum left Turn Thru Thru Right Turn Sidewalk.'
Lane Lane Lane lane Lane Lane
. ~ ~ t t r
....-.. .....""""'"--"-.
-
-
PROPOSED STREET WIDTH
YOUNG FIELD STREET - SOUTH OF W. 32nd AVENUE
(Viewing North@STA: 151+50)
F;':\ A.'
.0'
'0'
'0'
'0'
'0'
-L
Thru
Lane
.
Thru
Lane
.
A...
Left Tum
Lane
~
Thru
Lane
t
H
,-, .,.,.. _0' _ _ ._-r.:' _ .~_ ~
Thru {Turn
Lane
..
Slde\ 'alk
EXISTING STREET WIDTH
YOUNGFIELD STREET - SOUTH OF W. 32nd AVENUE
(Viewing North@STA: 151+50)
CITY OF WHEAT RIDGE
DEPT. OF PUBLIC WORKS
ENGINEERING DIVISION
YOUNGFIELD STREET
SOUTH. OF W. 32ND AVE.
(SEGMENT B)
./
.r
n'
,"'
Sidewalk
Thru
Lane
.
~ - .. . . ~-
S, iewalk
f;':I. A'
'f?'
<0'
Thru
Lane
.
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--'"~""~'"f;"""".
Left Turn
Lane
~
1?'
1?'
Thru
Lane
t
Thru
Lane
t
~
,. . '-~AoI'.
----
PROPOSED STREET WIDTH
W. 32nd AVENUE. EAST OF YOUNGFIELD STREET
(Viewing East@ STA: 254+50)
,,~ 7'
n'
11'
11'
Thru
Lane
.
Thru
lane
.
'M__
Center
Turn lane
~
-
1>'
11'
Thru
lane
t
-~-
..-t. _.
-------
EXISTING STREET WIDTH
W. 32nd AVENUE. EAST OF YOUNGFIELD STREET
(Viewing East@STA: 254+50)
CITY OF WHEAT RIDGE
DEPT. OF PUBLIC WORKS
ENGINEERING DIVISION
W. 32ND AVENUE
EAST OF YOUNGFIELD
(SEGMENT C)
.\
n'
Sidewalk
0'
3idewa[ ;
STREET
./
"
Thru Thru
lane lane
. .
~~.-
R'
10'
17'
Sidewalk
Right Turn
lane
.J
..-
.' ;~::
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- ~~:~.,.
~ 'lIHEAI'
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g;LOR~~O
"
"
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7!iA'
1?' 1?' 1?' .'
Left Turn Thru Thru Sidewalk
Lane Lane Lane
~ t t
"
"I'. '"
., I.......... :~
. j;J. ".' .. ,Ji~.
-
-
PROPOSEDSTREET~DTH
W. 32nd AVENUE. WEST OF YOUNGFIELD STREET
(Viewing East@ STA: 244+25)
0'
J
SU;iewalk
17'
Right Turn
Lane
.J
...~_.
fi17'
1" 1?'
1?'
17'
fi'
tidewal
Thru Thru
Lane Lane
. t
,~ 'I," Ie
.~,J:~~':~,
Thill
Lane
t
...
-
EXISTING STREET ~DTH
W, 32nd AVENUE - WEST OF YOUNGFIELD STREET
(Viewing East@ STA: 244+25)
CITY OF WHEAT RIDGE
DEPT. OF PUBLIC WORKS
ENGINEERING DIVISION
W. 32ND AVENUE
WEST OF YOUNG FIELD
(SEGMENT D)
/
STREET
;
.'
Thru
Sidewalk Lane
.
~...,_.
n~ A'
1?'
1?'
1?'
,,'
Thru Raised
lane Median
.
8.~
Thru
Lane
t
-
----
PROPOSEDSTREETVVIDTH
CABELA DRIVE - NORTH OF VV, 32nd AVENUE
(VIewing South@ STA: 10Q+QQ)
1"
<'
Thru
Lane
t
'!i ,_. !i
,1T=:71.. _---,
1?' 1?'
?fiQ'
Thru Thru
Lane Lane
. t
~..l',~...A
~i~
EXISTING STREET vvtDTH
YOUNGFIELD FRONTAGE ROAD
NORTH OF W. 32nd AVENUE
(Viewing South @ STA~ 100+00)
CITY OF WHEAT RIDGE
DEPT. OF PUBLIC WORKS
ENGINEERING DIVISION
YOUNGFIELD FRONTAGE
ROAD AND CABELA DRIVE
(SEGMENT E)
,
1n'
Sidewalk:
./
I'
\
?77'
1?' 1?' ~
Thru Thru
Lane Lane
. t Sidewa k
PROPOSED STREET WIDTH
YOUNG FIELD FRONTAGE ROAD
NORTH OF W. 32nd AVENUE
(Viewing South)
.d.Q A'
1?'
1?'
1?'
1?'
e'
Paved
Shoulder
Paved
Shoulder
Sidew~ :k
EXISTING STREET WIDTH
YOUNGFIELD FRONTAGE ROAD
NORTH OF W. 32nd AVENUE
Mewing South)
CITY OF WHEAT RIDGE
DEPT. OF PUBLIC WORKS
ENGINEERING DIVISION
YOUNGFIELD FRONTAGE
ROAD
(SEGMENT F)
,/
CITY OF WHEAT RIDGE
NOTICE
OF PROPOSED STREET WIDTH DESIGNATION
PLEASE TAKE NOTICE THAT the City Council for the City of Wheat Ridge, Colorado,
shall hold a public hearing on:
DATE: January 14, 2008 PLACE:
WHEAT RIDGE MUNICIPAL BUILDING
7500 W. 29TH AVENUE
WHEAT RIDGE, COLORADO
TIME: 7:00 pm
Such hearing is held for the purpose of considering several Street Width Designations in
accordance with Section 5.20 of the Wheat Ridge City Charter and Section 21-3 of the Wheat
Ridge Code of Laws for the following segments of street:
A. That portion ofYoungfield Street located between 32nd Avenue and 600 feet north of32nd
Avenue, and;
B. That portion of Youngfield Street located between 32nd Avenue and 500 feet south of
32nd Avenue, and;
c. That portion of West 32nd ~Avenue located between Yoti..llgfield Street a.lld Wright Cou..rt,
and;
D. That portion of West 32nd Avenue located between Youngfield Street and Zinnia Court,
and;
E. That portion ofYoun~field Frontage Road located between West 32nd Avenue and 600
feet north of West 32n Avenue, and;
F. That portion of Youngfield Frontage Road located between Interstate 70 and the La
Quinta property.
A. Street Width Designation which is proposed for this segment of street is: 100 feet
B. Street Width Designation which is proposed for this segment of street is: 88 feet
C. Street Width Designation which is proposed for this segment of street is: 64 feet
D. Street Width Designation which is proposed for this segment of street is: 76 feet
E. Street Width Designation which is proposed for this segment of street is: 64 feet
F. Street Width Designation which is proposed for this segment of street is: 28 feet
The specific plans for the proposed Street Width Designations are available for public inspection
at the Wheat Ridge Municipal Building during regular business hours located at 7500 W. 29th
Avenue, Wheat Ridge, Colorado.
PLEASE TAKE FURTHER NOTICE THAT you have the right to protest the proposed Street
Width Designation. The filing of a valid protest will require a % vote of the entire City Council
to approve the Street Width Designation. In order to exercise this right, a protest petition must be
submitted to the City Council prior to the conclusion of the public hearing containing the
signatures of owners of either:
C\D""m,"","ds'W'9'\RThib,",tlA:t:~ACHtM& NT 2
(1) Twenty (20) percent of the property immediately adjacent or contiguous to either side
of such street; or
(2) Ten (10) percent of the property lying within three hundred (300) feet of either side of
such street.
Details regarding the procedure for protest may be found in the attached copy of Section 5.20 of
the City Charter and in Section 21-3 of the Wheat Ridge Code of Laws. You may obtain a copy
of Section 21-3, a protest petition form, a map showing those properties immediately adjacent or
contiguous to either side of the streets from the office of the Wheat Ridge City Clerk.
This Notice is provided to owners of property within three hundred (300) feet of both sides of the
streets indicated above in accordance with Section 5.20 of the Wheat Ridge City Charter and
Section 21-3 of the Wheat Ridge Code of Laws.
C:\Documents and Settings\RThibaull\Local Settings\Temporary Internet Files\OLK7\Slreel Width Notice.doc
CHAPTER V. COUNCIL PROCEDURE AND LEGISLATION
Page 1 of2
Sec. 5.20. Street width designation.
The city council shall have the sole authority and responsibility to determine the width of all city
streets within the boundaries of the City of Wheat Ridge. Such authority and responsibility cannot be
delegated to any other body or individual(s), the only exception being the election procedure specifically
set forth in this Charter section. Street width shall be determined by the flowline of the street. Flowline is
defined as the measurement from the inside edge of one (1) curb to the inside edge of the opposite
curb, Where no curb is planned to be constructed, flowline shall be defined as the measurement from
the outside edge of one (1) side of the driving surface of the street, to the outside edge of the opposite
side of the driving surface of the street.
Within one (1) year prior to construction or reconstruction of a street, the city council shall hold a
public hearing to determine the flowline of such street. Following the public hearing, the council shall
adopt such flowline as the street's official street width designation,
In the event of a protest against such proposed street width designation signed by the owners
of:
(1) Twenty (20) percent of the property immediately adjacent or contiguous to either
side of such street; or
(2) Ten (10) percent of the property lying within three hundred (300) feet of either side
of such street,
such proposed street width designation shall not become effective except by the favorable vote of
three-fourths ( 3/4) of the entire city council. Property does not need to be entirely contained within the
three hundred (300) foot area to be used in the computation of the ten (10) percent necessary to file a
protest. Only the portion of the property that actually lies within the three hundred (300) foot area is
used to compute the ten (10) percent required to file a protest. Where the City of Wheat Ridge owns
property or has right-of-way within three hundred (300) feet of either side of the street, then such city-
owned land or right-of-way shall be excluded from the computation of the required percentage of
properties needed to file a protest to the proposed street width designation. Owners of noncity land
shall be considered immediately adjacent or contiguous to the street, or within three hundred (300) feet
of either side of such street, despite such intervening city-owned land or right-of-way,
The written protest to such proposed street width designation shall be submitted to the city
council no later than the conclusion of the public hearing on the proposed street width designation. At
least fifteen (15) days' notice of the time and place of the hearing shall be published in the newspaper
used by the city to publish legal notices, and notice of such public hearing shall be mailed by certified
letter to all property owners within three hundred (300) feet of both sides of such street.
Said notice shall contain:
(1) A description of the proposed street width designation and a statement that the
specific plans for the proposed street width designation are available for inspection at
the Wheat Ridge Municipal Building; and
(2) An explanation of the right of the property owners to protest such proposed street
width designation, and how to exercise such right; and
(3) The full and complete text of this Charter section.
AIi publication and notification requirements set forth in this Charter section shall be performed by the
city clerk.
If at any time within forty-five (45) days after a favorable vote by city council of such proposed
street width designation, a petition signed by at least five (5) percent of the registered electors of the
city council district( s) immediately adjacent or contiguous to such street be presented to the council
against the going into effect of such proposed street width designation; the same shall thereupon be
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CHAPTER V. COUNCIL PROCEDURE AND LEGISLATION
Page 2 of2
immediately suspended and the council shall publish notice of and call an election upon the
proposed street width designation. Said election shall be held not less than thirty (30) days nor more
than one hundred eighty (180) days after publication of the notice thereof.
Only registered electors in the city council district(s) immediately adjacent or contiguous to such
street shall be eligible to vote on the proposed street width designation. If a majority of the registered
electors in the city council district(s) immediately adjacent or contiguous to such street voting thereon
vote for such proposed street width designation, the proposed street width designation shall be deemed
approved. For purposes of ballot tabulation, the total votes of all electors who cast ballots from one or
more city council district(s) shall be counted together.
If any provision of this Charter section or the application in any particular case, is held invalid,
the remainder of this Charter section and its application in all other cases shall remain unimpaired,
Anything in the Charter or ordinances of the City of Wheat Ridge in conflict or inconsistent with the
provisions of this Charter section is hereby declared to be inapplicable to the matters and things
covered and provided for by this Charter section. This Charter section shall take effect immediately
upon passage.
(Amend. of 11-7-95)
http://Jibrary1.municode.comlmcclDocView/11707/1/3/8
12/19/2007
,,~,j.(
- _ ~ City of
?WheatRL-dge
ITEM NO:
3.
REQUEST FOR CITY COUNCIL ACTION
~~
n
COUNCIL MEETING DATE:
January 14,2008
TITLE:
COUNCIL BILL 27-2007 - AN ORDINANCE AMENDING
SECTIONS 14-15 AND 14-16 OF THE WHEAT RIDGE CODE OF
LAWS CONCERNING THE OFFICE OF MUNICIPAL COURT
MARSHAL
n DT un Tf' T-TP A RThlr.
L...J ... ~LI.I..J"''''''''' .............u_ ................. ~.......
D BIDS/MOTIONS
D RESOLUTIONS
o ORDINANCES FOR 1 ST FHADING (Date: December 10, 2007)
X ORDINANCES FOR 2ND READING
Quasi-Judicial:
D
Yes
[gJ
No
Ci~~
City Attorney
EXECUTIVE SUMMARY:
This ordinance amends Sections 14-15 and 14-16 of the Wheat Ridge Code of Laws (the "Code")
concerning the office of municipal court marshal to allow municipal court marshals to provide a
service previously reserved only for the City's police officers. The ordinance designates the
position of municipal court marshal as a peace officer and requires them to be certified by the
state's Peace Officer Standards and Training ("POST") board.
STATEMENT OF THE I!'~mES:
Council created the position of municipal court marshal in 2003. At that time, and under state law,
municipal court marshals were not designated as peace officers. Without that designation,
municipal court marshals were prohibited from executing arrest warrants issued by the Municipal
Court unless in the presence of a police officer. In 2004, the legislature amended the state law
authorizing municipal court marshals to execute arrest warrants but only if: 1) the municipal court
marshals are certified by the POST board and 2) the City specifically designates its municipal court
marshals as peace officers.
Judge Randall has requested that Council amend the Code to be consistent with state law and
thereby allow the municipal court marshals to execute arrest warrants without police officer
supervision. This change could free up the Police Department since it would allow municipal court
marshals to serve arrest warrants which previously could only be done by a police officer or under
his or her direct supervision. The ordinance should help the Municipal Court run more efficiently
by maintaining control over the service and execution of arrest warrants issued by the Municipal
Court.
COMMISSIONIBOARD RECOMMENDATION:
N/A
ALTERNATIVES CONSIDERED:
Do not adopt the ordinance and continue to require municipal court marshals to execute arrest
warrants only under the direct supervision of a police officer.
FINANCIAL IMPACT:
Some savings should be realized in staff time as municipal court marshals would be able to execute
arrest warrants without supervision of a police officer. The total costs for the two Marshals to obtain
recertification through POST were $1,369.00.
RECOMMENDED MOTION:
"I move to approve Council Bill 27-2001 - An Ordinance Amending Sections 14-15 and 14-16 of
the Wheat Ridge Code of Laws Concerning the Office of Municipal Court Marshal, on first reading,
order it published and set for public hearing at 7:00 p.m. on Monday, January 14, 2008 in City
Council Chambers, and that it take effect 15 days after final publication."
Or,
"I move to table indefinitely Council Bill 27-2007 - An Ordinance Amending Sections 14-15 and
14-16 of the Wheat Ridge Code of Laws Concerning the Office of Municipal Court Marshal for the
following reason(s) "
Report Prepared by: Gerald Dahl, City Attorney (303) 493-6656
Reviewed by:
Attachments:
1. Council Bill 27-2007
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER "TOmn."
Council Bill 27
Ordinance No.
Series of 2007
TITLE: AN ORDINANCE AMENDING SECTIONS 14-15 AND 14-16 OF
THE WHEAT RIDGE CODE OF LAWS CONCERNING THE
OFFICE OF MUNICIPAL COURT MARSHAL.
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a political
subdivision of the State of Colorado organized and existing as a home rule municipality
pursuant to Article XX of the Colorado Constitution and the home rule charter for the
City (the "Charter") including the power to create and manage a municipal court; and
WHEREAS, pursuant to this authority and Chapter VIII of the Charter, the City
Council created the Wheat Ridge Municipal Court ("Municipal Court") and codified the
rules pertaining thereto as Chapter 14 of the Code of Laws of the City of Wheat Ridge
(the "Code of Laws"); and
WHEREAS, the Council has created the position of municipal court marshal in
Sections 14-15 and 14-16 of the Code of Laws which position operates under the
supervision of the municipal court judges and municipal court administrator;
WHEREAS, section 16-2.5-145 of the Colorado Revised Statutes designates
municipal court marshals as "peace officers" with limited authority to execute arrest
warrants; execute search warrants; provide security for the municipal court; serve
process issued by the municipal court; and transport, detain and maintain control over
prisoners so long as the office of municipal court marshal is designated as a "peace
officer" by the municipality and the municipal court marshal receives with Peace Officer
Standards and Training ("POST") board certification; and
WHEREAS, the City Council finds that amending Code Sections 14-15 and 14-
16 to be consistent with state law will provide for a more efficient and effective operation
of the Municipal Court.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Chapter 14 Section 14-15 of the Code of Laws is to read as follows:
Sec. 14-15. Office of municipal court marshal.
(a) There is hereby created within the municipal court the municipal
court marshal's office. All municipal court marshals shall be appointed by
the presiding judge of the municipal court, in such number as the presiding
municipal judge may deem necessary for the efficient operation of the
office. Municipal court marshals shall be managed and supervised by the
municipal court administrator and municipal court judges. Marshals are
not sworn police officers of the city and shall not be entitled to any of the
retirement, pension, disability or other benefits to which sworn police
officers are entitled.
(b) PURSUANT TO C.R.S. S 16-2.5-145, ALL MUNICIPAL COURT
MARSHALS MUST BE CERTIFIED BY THE STATE PEACE OFFICER
STANDARDS AND TRAINING BOARD.
(c) PURSUANT TO THE PROVISIONS OF C.R.S. S 16-2.5-145 AND
THE COLORADO MUNICIPAL COURT RULES, THE MUNICIPAL
COURT MARSHALS ARE HEREBY DESIGNATED AS PEACE
OFFICERS.
Section 2. Chapter 14, subsection 14-16(a) of the Code of Laws is amended
to read as follows:
Section 14-16. Court marshals - Authority.
(a) All marshals in the municipal court marshal's office shall be
responsible for and are authorized to perform the following functions and
duties:
(1) To provide security for and keep the peace within the Wheat Ridge
City Hall, 7500 West 29th Avenue, Wheat Ridge, Colorado, 80033,
its grounds and parking areas;
(2) To serve and execute, within the city, ARREST WARRANTS,
search warrants, subpoenas, summonses, show cause orders, and
all other legal process issued by the municipal court;
{3) T::l servo and exoout:: ::!~est '.\'?~~?rts '~suod by ~!"::: ~:.J~jsipal
G:>:.J~, ::lnly under the :::x:~r;::J~j and direct supervision of a peaoe
e#i::e~, :x ~!":?t ~SFr;: is ,bfined by ':.R.~. ~ 1"32.3 U:1, as ::Jxisting
c ::~ !":e~'3::f':-::r amended;
t41 (3) To conduct investigative work relative to locating individuals named
in legal process issued by the municipal court;
~ (4) To transport, detain, and maintain control over city prisoners en
route to and from municipal court and the lawful place of detention
for such prisoners;
fat (5) To cooperate with and, upon request, assist the Wheat Ridge
Police Department within the city; and
2
t+t (6) To perform such other duties as authorized by law and assigned
from time to time by the municipal court administrator or municipal
judges.
Section 3. 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 4. Severabilitv: Conflictinp Ordinances Reoealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, RE,ll,D, AND Jl~DOPTED on first reading by a vote of ~ to ~
on this ,,.,,, day of n~~~mh~T , 2007, 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 January 14 , 2008, at 7:00
o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
3
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this _ day of , 2008.
SIGNED by the Mayor on this
day of
,2008.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript:
Effective Date:
no-;..emb"".... 1 'l: .
")(\1).,7
4
~.""
~ _ y City of
?WheatRL-dge
ITEM NO:
4-.
REQUEST FOR CITY COUNCIL ACTION
-~'
I ._ ._~.~.
COUNCIL MEETING DATE: January 14, 2008
TITLE: COUNCIL BILL 01-2008 - AN ORDINANCE CREATING A
POSITION OF ADMINISTRATIVE SUPPORT TOnIE MAYOR, CITY
COUNCIL AND CITY CLERK
D PUBLIC HEARING
D BIDSfMOTIONS
D RESOLUTIONS
I x I ORDINANCES FOR 1 ST READING (Date:
January 14,2008)
D ORDINANCES FOR 2ND READING (Date:)
Quasi-judicial:
DYES
IilNO
"-City--D~J;~~
City Manager ~~4
EXECUTIVE SUMMARY:
Creates the position of 9,1m;.ustrative support to the Mayor, City Council and City Clerk, within the
City's personnel system category of "AdministrativefManagement Support."
COMMISSIONIBOARD RECOMMENDATION: N/A
STATEMENT OF THE ISSUES:
The ordinance creates a position not formerly provided for at the City. The category
"Administrative/Management Support" within the City's personnel system includes a range
of support positions, from entry level clerical to executive assistant. By referring to the
position as "administrative support" within this category, the duties of the position can be
refined and adjusted by the City's Human Resources Director without the need to amend the
ordinance.
ALTERNATIVES CONSIDERED:
Do not enact the ordinance; continue to provide administrative support to the Mayor, City
Council and City Clerk as at present.
FINANCIAL IMPACT:
The current Administrative Assistant position within the City Clerk's Office will be
transferred to this new position supervised by the Mayor and supporting the Offices of the
Mayor, City Council and City Clerk. There will be no financial impact if the position
remains classified as an Administrative Assistant. If a higher classification is warranted
there could be a potential fmancial impact up to $7,150 annually plus any increases in
benefit costs.
RECOMMENDED MOTION:
"I move to approve Council Bill 01-2008, An Ordinance Creating a Position of
Administrative Support to the Mayor, City Council and City Clerk, on first reading, ordered
published, and set for public hearing and consideration on second reading at 7:00 p.m. in
City Council Chambers on January 28, 2008, and that it take effect 15 days after final
publication. "
Or.
, .
"I move to table ,indefinitely Council Bill 01-2008 for the following reason(s)
"
Report Prepared by: Gerald Dahl, City Attorney
Reviewed by: Patrick Goff, Deputy City Manager
,Attachments:
1. Council Bill 01-2008
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 01
Ordinance No.
Series of 2008
TITLE:
AN ORDINANCE CREATING
ADMINISTRATIVE SUPPORT TO
COUNCIL AND CITY CLERK
A POSITION OF
THE MAYOR, CITY
WHEREAS, the City Council has determined that administrative support is
needed by the Mayor, City Council and City Clerk and,
WHEREAS, the City Council wishes to create a position of administrative support
to the Mayor, City Council and City Clerk; and
WHEREAS, the Council has authority pursuant to Charter Section 3.2 to grant to
the Mayor such powers, in addition to those otherwise enumerated in the Charter, as
the Council shall choose to confer, and
'A/UE'"'E^C'" "t.......... r'"............il t..iror.h....... "^ ",....n-F.o.r 11.....^l"ll fho. I\A"=II\ll"\r fho -=.lllfhnriht fn
yvn r"'\. f"'\v, Lilt:; vVUII....1I VVI"'IIt:;:.;:t LV '"'VIII"'" Ut-'VII ..I...... 'VI~I"'" ..II.... U......II......"J ....,
hire, supervise and terminate the position of administrative support to the City
Council, Mayor and City Clerk herein provided for.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO AS FOLLOWS:
Section 1. Administrative SUDDort position created. There is hereby created a
position of administrative support to the Mayor, City Council and City Clerk. The
position shall have the following characteristics:
1. The position shall be classified within the City's personnel system as within the
category "Administrative/Management Support." The "department" within the
City to which the position is responsible shall be, collectively, the offices of the
Mayor, the City Council and the City Clerk.
2. The Mayor shall have the exclusive authority to hire, supervise and, if necessary,
terminate the individual chosen to fill the position, subject to the City's Personnel
Policies and the requirements of this ordinance. In the case of conflict between
the Personnel Policies and this ordinance, this ordinance shall control.
3. Except as provided in this ordinance, the position shall be subject to all
provisions of the City's Personnel Policies. For all purposes of Section 11 of the
Personnel Policies (Disciplinary/Corrective Action and Appeal Procedure), the
Mayor shall serve as the "disciplinary authority," and shall also be considered the
AT I ACHMENT 1
supervisor, division manager, and department head, as those terms are used in
Section 11. The decisions of the Mayor with respect to any disciplinary or
corrective action, other than a decision to terminate the individual occupying the
position, shall be considered final City actions, and there shall be no right of
internal City appeal of such decisions under Section 11.9. Any decision of the
Mayor to terminate the person occupying the position may be appealed to the
City Council, which shall function as the appeal body in that circumstance only. In
the event of such an appeal, the employee and the City Council shall follow the
procedures in Section 11.9, substituting the City Council for the City Manager.
4. The position shall be subject to funding by the City Council, in its sole discretion,
from year to year and from time to time, consistent with the City's budget and
appropriations process, irrespective of the Mayor's authority to hire, supervise
and terminate the individual occupying the position at any time.
Section 2. Citv Manaoer to Imolement. The City Manager is hereby authorized and
directed to take such steps as necessary to implement the provisions of this ordinance.
Section 3. Severabilitv: Conflictino Ordinances Reoealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invaiid, the vaiidity of the remaining sections, subsections and clauses shaii
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 fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on the _ day of January, 2008, 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 , 2008, 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 , 2008.
SIGNED by the Mayor on this
day of
,2008.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
I- ~N3INH:>>Y~~Y
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
~~J..(
_ _ y City of
?WheatRLdge
ITEM NO:
5,
REQUEST FOR CITY COUNCIL ACTION
ft.~1
~ - >
11J111~~
COUNCIL MEETING DATE: January 14,2008
TITLE: RESOLUTION NO: 02-2008: A RESOLUTION AMENDING THE
2008 BUDGET TO REFLECT ACCEPTANCE OF HtE W AL-MART
COMMUNITY INVOLVEMENT GRANT
D PUBLIC HEARING
D BIDS/MOTIONS
[!] RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date)
D ORDINANCES FOR 2ND READING (Date)
Quasi-judicial:
DYES
[i] NO
p.<!..j..r~ ~
Police Chief ~'~--;;-
City Manager ~
~ 6
EXECUTIVE SUMMARY:
The Wheat Ridge Police Department has been awarded a Wal-Mart Community Involvement Grant in
the amount of $1,000. The police department anticipates expending the grant during 2008 for
enhancement of its senior citizen crime prevention program. The monies from this grant are ear-marked
for use in establishing a new program in the City, the Wheat Ridge Police Department Lockbox
Program. Grant funds will cover the cost of purchasing the first 75 lockboxes.
COMl\JISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
The City of Wheat Ridge has approximately 32,000 residents of which approximately 27% are senior
citizens. The police department has responded to approximately 1,400 welfare checks over the past
three years. Frequently, the Wheat Ridge Police Department and other first responders in the City must
force entry into private homes to respond to welfare checks, first aid calls or other life threatening
emergencies.
The police department recognizes the importance of balancing the safety of citizens with the
constitutional rights ofthose same citizens concerning police entry into their homes. The Wheat Ridge
Police Department recognizes the necessity of forced entry to private homes when the circumstances,
amounting to probable cause, warrant forcible entry. This forced entry can cause undue financial
hardship to many senior citizens in the City of Wheat Ridge. Additionally, there are occasions when the
facts and circumstances of a welfare check do not justify an immediate entry; however, this does not
mean a senior citizen is not in need of some assistance.
While the award of the grant will not cover printing costs or subsequent lockbox purchases, the police
department will evaluate the added impact ofthis program in future budget years and plan accordingly.
ALTERNATIVES CONSIDERED:
1. Do not accept the grant and continue to handle welfare check calls for service as we currently do.
2. Accept the grant and implement this senior safety program.
FINANCIAL IMPACT:
There could be a direct financial impact, depending on the future popularity of the program. To initiate
the program, printing costs can be absorbed by the Crime Prevention Team's printing budget. The
program costs can be monitored in 2008, and budgeted for accordingly in future budget processes.
Funding for additionallo9k;bo~es will come out of the Crime Prevention Operating Supplies program
budget as needed... The co~fofthe lockboxes is $12.95 per lockbox.
RECOMMENDED MOTION.,;,
"I move to approve Resolution No.02-2008 amending the fiscal year 2008 budget to reflect acceptance
ofthe Wal-Mart Community Involvement Grant and adding $1,000 into Police Department Account 01-
201-650-660;
or,
"I move to table indefinitely the acceptance of the Wal-Mart Community Involvement Grant."
Report Prepared by: Paula Balafas, Police Sergeant
Reviewed by: Daniel Brennan, Chief of Police
Attachments:
1. Staff Report
2. Resolution
'" ~ .I. -#'
~ _ ~ City of
-~Wheat&"'-dge
~OLICE DEPARTMENT
Memorandum
TO:
Mayor Jerry DiTullio and City Council
FROM:
Randy Young, City Manager
Daniel Brennan, Chief of Police f(lf3
VIA:
January 4, 2008
SUBJECT: Staff Report - Lockbox Program
DATE:
BACKGROUND
Approximately 27% of the City's population is comprised of senior citizens. The
\^!heat Ridge Police Department has responded to approximately 1,400 welfare
checks over the past three years; the majority of these welfare checks involve
checking the status of senior citizens.
On some occasions, the police department and other first responders in the City must
force entry into private homes to respond to welfare checks, first aid calls or other life
threatening emergencies. This causes damage to the residence that the person has
to have repaired causing an unnecessary financial burden. Additionally, there are
occasions when the facts and circumstances of a welfare check do not justify an
immediate entry; however, this does not mean a senior citizen is not in need of some
assistance.
STATEMENT OF PROBLEM
The Wheat Ridge Police Department recognizes the importance of balancing the
safety of citizens with the constitutional rights of those same citizens concerning
police entry into their homes. The police department recognizes the necessity of
forced entry into private homes when circumstances, amounting to probable cause,
warrant forcible entry. Regardless of whether there is a true emergency situation,
forced entry can cause undue hardships to many senior citizens.
The police department's Crime Prevention Team has been researching different
programs related to the handling of welfare check calls for service. Based on their
research the department will soon begin to offer a "Lockbox Program" to senior
citizens. This program provides a lockbox similar to those used by real estate agents
to secure a house key. The boxes would be issued to senior citizens or anyone who
has a potential need for policelfirelmedical help and due to age, mobility restrictions
or medical condition would not be able to reach the door to unlock it if police, fire or
emergency medical services personnel responded to check on them.
Staff Report - l_ockbox Program
January 4, 2008
Page 2
Participants would be entered into a database that would "flag" their address in the
department's computer aided dispatch (CAD) program as participants in this
program. Dispatchers would receive a notification that a particular residence
participates in the Lockbox Program when the address is entered into the CAD
system and the notification would include information on the lockbox code and
location.
Police, fire or emergency medical service personnel would be advised of the location
of the lockbox. If they arrive at the house and find the door locked, they would call
police dispatch on a cell phone or mobile data computer, and would be given the
location of the lockbox and combination. The combination would only be relayed by
phone or mobile data computer to ensure that someone with a scanner doesn't get
the address (which is given over the radio) and combination. Even the resident is not
given the combination because it's too tempting to share it with relatives, neighbors
and contractors, which would defeat the intended security.
The department would provide training to the four fire protection districts that serve
our community and our EMS provider. Each of these entities has CAD systems
capable of "flagging" addresses. When a new lockbox is placed at a house, the
appropriate entity would be advised of the name, address and lockbox location, but
not the combination. For security reasons, we will limit the number of people who
can access the combinations. We would give the combination to firefighters only
when they are at a house and have a need to get inside.
After the combination has been given to responding police, fire, or medics, dispatch
would leave a phone message for a crime prevention officer. For added security, a
crime prevention officer will go to the house and change the lockbox combination on
their next available work day.
The Lockbox Program files will be kept in the dispatch computers, in the Crime
Prevention Team office computer, and a hard copy maintained in crime prevention
files. The resident and/or landlord, if it's a rental, will sign a contract to participate in
the program. It is a basic "hold-harmless" liability waiver that has been reviewed and
approved by the City Attorney.
The department has received a Wal-Mart Community Involvement Grant in the
amount of $1,000 to pay the startup costs for this program. This grant will provide for
the first 75 lockboxes. Additionallockboxes will be purchased out of the Crime
Prevention Operating Supplies Budget as needed. The cost of the lockboxes are
$12.95 per lockbox.
Staff Report - Lockbox Program
January 4, 2008
Page 3
ALTERNATIVES
The police department has explored a variety of alternatives in the way first
responders handle these welfare check calls for service. The following alternatives
have been identified:
Alternative 1: Continue to do welfare checks as we currently do. Currently, patrol
officers attempt to locate a neighbor or relative, who has access to the residence, if
entry has to be made. This can be a time consuming process and can delay the
ability to determine the status of the person. If a neighbor or relative cannot be
located, forcing entry into the residence or waiting for additional information are the
primary methods for handling these calls. While these responses work the majority
of the time, they can result in damaged property and financial costs to the resident;
prolonged response when attempting to contact relatives or neighbors; or a lack of
entry when circumstances do not dictate an immediate entry.
Alternative 2: The police department has researched and is recommendinQ the
. . -
startup of a Lockbox Program for senior citizens. This program will help ensure a
timely and effective response to welfare checks in the community.
RECOMMENDATION
In order to improve the service provided by all first responders to the senior citizens in
the City of Wheat Ridge, the police department recommends the approval of the this
grant to implement this safety program.
KE:DB
Brennan\City Council\Staff Report Lockbox Program Rev 1-4-08.doc
ATTACHMENT 1
RESOLUTION NO. 02-2008
Series 2008
TITLE:
RESOLUTION NO. 02-2008: A RESOLUTION AMENDING
THE FISCAL YEAR 2008 BUDGET TO REFLECT
ACCEPTANCE OF THE W AL-MART COMMUNITY
INVOLVEMENT GRANT
WHEREAS, the City of Wheat Ridge applied for and was awarded a grant to
assist the Wheat Ridge Police Department in enhancing its crime prevention programs by
offering a Lockbox Program to senior citizens; and
WHEREAS, the enhanced crime prevention program will allow the Wheat Ridge
Police Department to outreach to senior citizens and those with disabilities who could be
the subject of a welfare check by offering a program that would allow first responders
access to their residences for the purpose of conducting a welfare check and ascertaining
their welfare when requested;
WHEREAS, the City Council desires to accept the grant in the amount of$I,OOO;
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:
A. The City hereby accepts the grant.
B. The City Manager is authorized to execute all documents necessary for the
acceptance of the award.
C. Upon receipt of the funds, that the funds be placed in the general fund.
D. The City of Wheat Ridge fiscal year 2008 budget be amended accordingly,
specifically adding $1,000 into the Police Department expense account 01-
201-650-660.
DONE AND RESOLVED TillS 14th day of January 2008.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
A I I ACHMENT 2
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rWlieatR.!9ge
ITEM NO:
0~
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE: January 14,2008
TITLE: RESOLUTION 03-2008, A RESOLUTION ADOr .li {G A POLICY
REGARDING FUTURE EXPENDITURE OF HtE CITY'S COMMUNITY
DEVELOPMENT BLOCK GRANT JURISDICTIONAL ALLOCTION
D PUBLIC HEARING
D BIDS/MOTIONS
[!] RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date)
D ORDINANCES FOR 2ND READING (Date)
Quasi-judicial:
DYES
~O
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CityManager~&r~~
EXECUTIVE SUMMARY:
The City receives an annual jurisdictional allocation of Community Development Block Grant (CDBG)
funds from Jefferson County Community Development Division. CDBG is a federal program
administered by the U.S. Department of Housing and Urban development with the objectives of assisting
low to moderate income populations and aiding communities in the elimination of slum and blight.
CDBG funds must be spent on projects that meet national objectives and are considered eligible
activities. While there are federal regulations that must be met with the expenditure of the
funds, there is a fair amount of latitude in how the funds can be expended. There is some latitude
allowed in the regulations to give local communities the flexibility to implement programs or projects
that best meet their unique local needs.
The City has not in recent years had a specific policy on how its CDBG jurisdictional allocation should
be expended. The Neighborhood Revitalization Strategy (NRS) was developed through a lengthy public
participation process identifying the strengths and weaknesses of the community. The NRS outlines a
series of strategies focusing on the revitalization of the City. City Council accepted the NRS in 2005.
Logically, the NRS provides direction on how the City should be expending funds for the betterment of
the community.
A policy providing direction on the use of the City's CDBG funds was developed based on
recommendations of the NRS. The policy is outlined under the Statement ofIssues below. At a January
7, 2008 City Council study session, City Council made a consensus motion to approve adoption of the
policy statement at a future public hearing.
Staff is recommending City Council adopt a resolution adopting the policy as guidance for future
expenditures ofthe City's CDBG jurisdictional allocation.
COMMISSION/BOARD RECOMMENDATION:
No Board or Commission recommendation is required regarding policy for expenditure of CDBG
funding.
STATEMENT OF THE ISSUES:
Jefferson County receives an annual allocation of approximately one million dollars of CDBG funds for
use in assisting the low-to-moderate income population in the County. From their annual allocation, the
County takes 20% to cover anminiotration of the CDBG program. Funds are then distributed among the
jurisdictions of Edgewater, Golden, Mountain View and Wheat Ridge based on population. After
distribution to these jurisdictions, the County retains a pool of CDBG funds for competitive distribution
to non-profits or governmental agencies. This year the competitive amount available is $335,989.
Since Arvada and Lakewood have populations over 50,000, they receive their own CDBG funds
directly.
The City's CDBG jurisdictional allocation for 2007 is $333,338. The estimated amount the City should
receive for 2008 is $300,004. Therefore, the City will have approximately $633,000 in unexpended
CDBG funds. The funding cycle for 2007 funds is June 2007 to May 2008 and for 2008 funds it is June
2008 to May 2009.
Allocated funds must be expended by the jurisdiction or agency within three years. The maximum
amount that can be given to service organizations is 15% unless organizations are addressing "bricks
and mortar."
For the past few years, the City has used its jurisdictional allocation of funds for infrastructure
improvements on 41 st Ave. Prior to that, the City primarily gave its funds to non-profits including, at
one time all of the allocation to the Jefferson County Housing Authority. CDBG funds were also used
for streetscape improvements on 38th Ave.
In recent years, the City has not had a policy providing direction for use of its CDBG funds. In an effort
to ensure the best use is made of CDBG funds in achieving City goals, a policy has been developed to
provide guidance on how and where funds should be expended. The Neighborhood Revitalization
Strategy (NRS) was developed in 2004 and approved in 2005. The NRS provides direction on
revitalization activities for the City many of which are consistent with the national goals and objections
ofthe CDBG program. Logically, the NRS provides guidance on the expenditure of CDBG funds.
Key strategies of the NRS are:
1. Develop new market rate housing at key locations throughout the City.
2. Acquire, upgrade, sell out-of-date housing stock at key locations.
3. Improve existing multi-family rental property at key locations.
4. Redevelop Wadsworth Corridor.
5. Develop W. 44th Ave. into an 'Orchard District."
6. Accelerate and shape the development along 38th Ave.
7. Develop a town center.
8. Continue to increase the visibility and accessibility of the Wheat Ridge open space.
9. Develop identity signage and gateways and improve the City' general appearance.
With the NRS as the basis, the following is a policy providing direction for use the of the City's CDBG
jurisdictional allocation:
"The City shall use CDBG funds to support implementation ofthe City of Wheat Ridge
Neighborhood Revitalization Strategy. This includes 1) revitalization and infrastructure
improvements to distressed commercial corridors and low to moderate income neighborhoods to
eliminate slum and blight, 2) improvements to residential housing through the rehabilitation of
existing rental and owner occupied housing, 3) initiatives to increase home ownership, and 4)
economic and community development and redevelopment opportunities and programs."
AL TERNA TIVES CONSIDERED:
The alternative to not adopting an official policy on the expenditure of City's CDBG jurisdictional is to
spend the funds in a haphazard manner that would not be of greatest benefit to the City. Having an
adopted policy clearly provides direction on how the funds should be expended to help in the
revitalization and redevelopment of the City. In addition, a policy provides guidance to elected officials
and staff when making decisions or when needing to explain the City's goals for the use of their CDBG
funds.
FINANCIAL IMPACT:
No negative financial impact to the City is anticipated.
RECOMMENDED MOTION:
"I move to adopt Resolution 03-2008, a resolution adopting a policy regarding future expenditure of the
City's CDBG jurisdictional allocation:"
Report Prepared by: Sally Payne, Senior Planner
Reviewed by: Kenneth Johnstone, Community Development Director
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 03
Series of 2008
TITLE: A RESOLUTION ESTABLISHING A CITY COUNCIL POLICY FOR THE
USE OF THE CITY'S JURISDICTIONAL ALLOCATION OF FEDERAL
COMMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, the City currently receives annual allocations of Federal funding
from the Department of Housing and Urban Development through the Community
Development Block Grant (CDBG) Program, and
WHEREAS, the Department of Housing and Urban Development (RUD) has
established certain parameters within which local jurisdictions are allowed to expend
such funds, which generally relate to three areas: I) provision of low and moderate
income housing, 2) elimination of slum and blight, and 3) emergency needs, and
WHEREAS, the City is permitted to establish additional local priorities for the
use of CDBG funds, so long as they remain within the general areas identified by RUD
for this program, and
WHEREAS, in 2005, the City of Wheat Ridge commissioned and completed a
Neighborhood Revitalization Strategy (NRS) to identify strategies for revitalizing
distressed areas of the community, and
WHEREAS, the goals and strategies of the NRS generally align with the goals
and priorities for the use of CDBG funds, and
WHEREAS, the City Council finds it is appropriate to allocate its jurisdictional
CDBG funds toward implementation of the strategies and recommendations from the
NRS.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. The following policy statement shall be used to guide the City's future
use of the City's jurisdictional allocation of Community Development Block Grant funds:
"The City shall use CDBG funds to support implementation of the City of Wheat Ridge
Neighborhood Revitalization Strategy. This includes I) revitalization and infrastructure
improvements to distressed commercial corridors and low to moderate income
neighborhoods to eliminate slum and blight, 2) improvements to residential housing
through the rehabilitation of existing rental and owner occupied housing, 3) initiatives to
increase home ownership, and 4) economic and community development and
redevelopment opportunities and programs."
I
Section 2. This resolution shall be effective upon adoption.
DONE AND RESOLVED this 14th day of January, 2008.
Jerry DiTullio, Mayor
ATTEST
Michael Snow, City Clerk
2
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?WheatRLdge
ITEM NO:
l.
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE: January 14,2008
TITLE: MOTION TO APPROVE ALLOCATION OF THE CITY'S
JURISDICTIONAL ALLOCATION OF FEDERAL HOUSING AND URBAN
DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) FUNDS TO TtlE JEFFERSON COUNTY HOUSING
AUTHORITY'S SINGLE FAMILY REHABILITATION PROGRAM AND
THE SENIOR RESOURCE CENTER'S NEW BUILDING CONSTRUCTION
FuND.
D PUBLIC HEARING
[!] BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date)
D ORDINANCES FOR 2ND READING (Date)
Quasi-judicial:
DYES
[ijNO
Department Directo
I
City Manager
BctQ..:>rQ
1'1 ~
EXECUTIVE SUMMARY:
The City receives an annual jurisdictional allocation of Federal funds as part of the Community
Development Block Grant (CDBG) program administered by the Department of Housing and Urban
Development (RUD). The City's 2007 funds total $333,338 and were available beginning in June of 2007
based on federal funding cycles. The City's 2008 funds are estimated to be $300,004 and will be available
beginning in June of 2008. The funds are distributed from HUD through the Jefferson County Community
Development Division. The funds must be used to meet the overall goals and objectives of this federal
program. The three national objectives are the following:
1. Benefit to low and moderate income households;
2. Elimination of slum and blight; and
3. Urgent needs (such as the needs created from a natural disaster).
In the past several years, the City has used these CDBG funds form infrastructure improvements on 41st
Avenue. Previous to that, the funds had been directed toward eligible non-profits, including the Jefferson
County Housing Authority (JCHA). Given that the City has recently created its own non-profit group
(Wheat Ridge 2020) with goals that are very much aligned with the goals of the CDBG program, the
preliminary direction for use of the 2007 and 2008 funds has been to direct them toward the initiatives of
that organization. Over the past several months, City staff has been meeting internally and with staff from
WR2020 and Jefferson County to discuss options for use of those funds.
Options for the use of the 2007 and 2008 funds were discussed by City Council at a study session on
January 7, 2008. City Council reviewed funding options provided by City staff as well as a memorandum
from Mayor DiTullio. Based on the discussion at the study session, there was a consensus motion passed
to direct the 2007 and 2008 available funds as follows:
o $100,000 to the JCHA Single Family Rehabilitation loan program
o $50,000 to the Senior Resource Center to be directed toward new facility construction
o The balance of approximately $483,000 will remain unallocated, but is tentatively
"earmarked" to go toward WR 2020 initiatives, such as the redevelopment efforts at 44th and
Wadsworth
Staff recommends that City Council adoption a motions allocating $100,000 to the Jefferson County
Housing Authority for their single family rehabilitation program and $50,000 to the Senior Resource
Center toward new facility construction.
COMMISSIONIBOARD RECOMMENDATION:
No Commission or Board recommendation is required for the administration ofthe City's CDBG funds.
~TATEMENT OF THE ISSUES:
The following Statement of the Issues is repeated from the information provided to City Council in
the study session packet., -
. .
National Obiectives ofthe CDBG Prol!:ram:
The overall goals of the CDBG Program are to develop viable urban communities through the provision of:
1) decent, safe, and sanitary housing; 2) suitable living environments; 3) expanded economic development
opportunities. For activities to be funded, they must meet one ofthe Program's national objectives and be
considered an eligible activity as listed below. The Program has the following three national objectives:
I. Benefit to low-and-moderate income:
"Area benefit" is the most commonly used category for basic activities under this objective. It is an
activity that benefits all residents in a particular area, where at least 51 percent of the residents are low-to-
moderate income persons. Eligible area benefit activities include: street improvements; water and sewer
lines; neighborhood facilities; and faorade improvements in neighborhood commercial districts.
2. Elimination of slum and blig:ht:
Activities must meet one of three categories; 1) prevent or eliminate slum and blight on an area basis 2)
prevent or eliminate slum and blight on a ~not basis 3) or be in an urban renewal area.
Examples of activities for area basis include assistance to commercial and industrial businesses; public
improvements; and code enforcement. Examples of activities on a spot basis include: elimination of faulty
wiring; failing plaster or other similar detrimental conditions which are detrimental to all potential
occupants; historic preservation of public facility; and demolition of a vacant, deteriorated building.
Activities for urban renewal must be located within an Urban Renewal project area and necessary to
completion of an Urban Renewal Plan.
3. UrlJent need:
Use of this category is rare and is designed only for activities that alleviate emergency conditions.
Examples would be a major hurricane striking a coastal city.
Elil!ible Activities ner the Denarlment of Housinl! and Urban Develonment (HUm:.
Activities Related to Real Pronertv -
. Acquisition for public purpose
. Disposition
. Public facilities and improvements
. Clearance and demolition
. Interim assistance to arrest severe deterioration or alleviate emergency conditions
. Completion of urban renewal projects
. Housing services in connection with Home Investment Partnership (HOME) Program activities
. Privately-owned utilities
. Construction of housing assisted under Section 17 of the U. S. Housing Act of 1937
. Homeownership assistance
. Rehabilitation activities
. Code enforcement
. Historic Preservation
. Renovation of closed buildings
. Lead-based paint testing and abatement
Activities related to economic develonment-
. Economic development activities related to micro enterprise assistance and special economic
development activities
Other tvnes of activities -
Payment of non-Federal share of grants in connection with CDBG-assisted and eligible activities
. Relocation assistance
. Loss of rental income
. Technical assistance to public or nonprofit entities to increase the capacity of such entities to
carry out eligible neighborhood revitalization or economic development activities
. Assistance to institutions of higher education with the capacity to carry out other eligible
activities
Inelil!:ible Activities ner HUD:
. Buildings for the general conduct of government (e.g., city hall)
. General government expenses
. Political activities
. New housing construction except under certain conditions or when carried out by a Commnnity-
Based Development Organization
City Fundinl!::
Jefferson County receives an annual allocation of al'l'.v,.imately one million dollars of CDBG funds for
use in assisting the low-to-moderate income population in the County. From their annual allocation, the
County takes 20% to cover administration of the CDBG program. Funds are then distributed among the
jurisdictions of Edge water, Golden, Mountain View and Wheat Ridge based on population. After
distribution to these jurisdictions, the County retains a pool of CDBG funds for competitive distribution to
non-profits or governmental agencies. This year the competitive amount available is $335,989. Since
Arvada and Lakewood have populations over 50,000, they receive their own CDBG funds directly.
The City's CDBG jurisdictional allocation for 2007 is $333,338. The estimated amount the City should
receive for 2008 is $300,004. Therefore, the City will have approximately $633,000 in unexpended CDBG
funds. The funding cycle for 2007 funds is June 2007 to May 2008 and for 2008 funds it is June 2008 to
May 2009.
Allocated funds must be expended by the jurisdiction or agency within three years. The maximum amount
that can be given to service organizations is 15% unless organizations are addressing "bricks and mortar."
The definition of service organization as it applies here per the County Community Development Division
is those orgonhotions concerned with employment, crime prevention, child care, health, drug abuse,
education, fair housing counseling, energy conservation, welfare, (excluding payments) homebuyer down
payment assistance or recreational needs.
For the past few years, the City has used its jurisdictional allocation of funds for infrastructure
improvements on 41 st Ave. Prior to that, the City primarily gave its funds to non-profits including, at one
time all of the allocation to the Jefferson County Housing Authority. The City also has set aside funds
from the General Fund for distribution to non-profits.
ALTERNATIVES CONSIDERED:
44th Ave. and Wadsworth Blvd.:
CDBG funds could be used for the acquisition ofland and redevelopment of the southeast corner of 44th
Ave. and Wadsworth Blvd. While this could be an eligible activity, there would be "strings" attached to
the use of the funds that could potentially limit future uses and development of the site. Potential
developers looking at the property could see the need to meet federal guidelines and regulations as a
detriment to developing the property.
CDBG funds cannot be used for the general conduct of government such as a City Hall. If the City wanted
to locate any City offices here, it is possible it could be done since a mixed-use development is being
proposed, but there would be criteria that would need to be met again, potentially putting limitations on
future development.
As an informational note, the City's Urban Renewal Authority, in conjunction with WR2020, submitted an
application for County CDBG funds for the acquisition and redevelopment of the site. The request was for
$300,000. On December 20, the County Community Development Advisory Board decided not to
specifically fund the 44th Ave. and Wadsworth Blvd. project. The Board instead created a set-aside of
economic development funds of $175,000 that jurisdictions can apply to. WR2020 and the City could
apply to this pool of funds in the future for the 44th Ave. and Wadsworth Blvd. project.
Give City allocation to WR2020:
Another option is to give the City's jurisdictional allocation to WR2020 since they are already doing some
CDBG eligible activities. This could potentially replace the General Funds the City is currently providing
WR2020 for their operations. Using CDBG funds to cover part of the amount given to WR2020 could free
up the unrestricted General Fund dollars to use as the City sees fit. The City could use the General Fund
towards 44th Ave. and Wadsworth Blvd. without having to deal with the federal "strings." WR2020 could
use their General Fund dollars for 44th Ave. and Wadsworth Blvd. and use CDBG funds for their CDBG
eligible activities. An advantage of this is that it keeps flexibility in the potential development for 44th Ave.
and Wadsworth Blvd., and the CDBG "strings" do not become a negative factor as the City looks at
partnering with developers who might not see use of CDBG funds as part of their development program.
If CDBG funds were given to WR2020, they would need to be sure they are expending the funds according
to federal guidelines and regulations for eligible activities. WR2020 would be responsible for the
administrative functions and federal reporting requirements associated with the use of CDBG funds.
Non-nrofits reouestinl! funds from the City:
Jefferson County Housing: Authoritv-
The Jefferson County Housing Authority requested $100,000 from the City's jurisdictional allocation for
their Housing Rehabilitation Program. The Program provides assistance to low-to-moderate income
homeowners in Jefferson County for essential home repairs and necessary improvements to their homes.
The County has $335,000 in 2008 CDBG funds available for competitive applications from non-profits or
governmental agencies. The Jefferson County Housing Authority applied for $100,000 for their Housing
Rehabilitation Program to this County source of funds. This project is being recommended for funding.
Senior Resource Center -
Senior Resource Center (SRC) requested $50,000 from the City's jurisdictional allocation for their
program. The SRC provides centralized and coordinated services to assist seniors in mw;m;7;ng their
independence. Their services include transportation, in-home care, adult day care services and case
management. They provide services metro-wide.
The SRC has applied to the County through their competitive application process for $30,000 which was
awarded.
.FINANCIAL IMPACT:
No negative financial impact is anticipated.
RECOMMENDED MOTION:
"I move to award the City's CDBG jurisdictional allocation as follows:
. $100,000 to the Jefferson County Housing Authority Single Family Rehabilitation loan program
. $50,000 to the Senior Resource Center to be directed toward new facility construction
. The balance of approximately $483,000 will remain unallocated, but is tentatively "earmarked' to
go toward WR 2020 initiatives, such as the redevelopment efforts at 44th Ave. and Wadsworth
Blvd.
Report Prepared by: Sally Payne, Senior Planner
Reviewed by: Kenneth Johnstone, Director of Community Development
Attachments:
1. Mayor's Memorandum
City of Wheat Ridge
Office of the Mayor
Memorandum
TO:
City Council
cc:
Randy Young, City Manager
Patrick Goff, Deputy City Manager
Ken Johnstone, Community Development
Terrell Williams, WRURA
Rob Osborn, WR2020
FROM:
Mayor Jerry DiTullio
DATE:
11/29/2007
SUBJECT: Wheat Ridge Community Development Block Grant (CDBG) allocations
The City of Wheat Ridge has approximately $600M available in CDBG funding and Council
must allocate the funding to specific projects for 2008. The Jefferson County Housing Authority
(home rehabilitation loans/grants) and the Senior Resource Center (new building construction
at 32nd/Chase St) have asked for funding from Wheat Ridge in 2008 at a recent study session.
The City, the WRURA and WR2020 are also making progress in the redevelopment of the SE
. corner of 44th Ave. and Wadsworth Blvd. The WRURA will have land banked most of the
property by the end of January 2008. WR2020 has drafted some conceptual development
plans for the site. The site is going to require infrastructure additions and improvements such
as improved water lines, roads, curb, gutter, sidewalk, street lighting, etc.
Wheat Ridge should support our Jefferson County partners since both organizations assist and
benefit Wheat Ridge citizens and seniors. I would like to recommend the following allocation
strategy to Council for 2008:
. $50M
. $50M
. $500M
Senior Resource Center (new building construction)
Jefferson Coun~ Housing Authority (home rehabilitation loans/grants)
SE corner of 441 and Wadsworth Blvd. (infrastructure and/or library)
Please feel free to share this memo and to contact me with any questions.
Thanks.
ATTACHMENT 1
......4..(
- _ Y City of .
?WlieatRLdge
ITEM NO:
81
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE: January 14,2008
TITLE: APPROVAL OF A CONTRIBUTION TO WHEAT RIDGE 2020
(WR2020) IN HIJ'.. AMOUNT OF $1,500,000 FOR ItlJ'.. PURPOSE OF
IMPLEMENTING HII'.. VISION AND MISSION OF THE CITY
COUNCIL AS OUTLINED IN THE NEIGHBORHOOD
REVITALIZATION STRATEGY
D PUBLIC HEARING
[!] BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1sT READING (Date)
D ORDINANCES FOR 2ND READING (Date)
Quasi~judicial:
DYES
[ijNO
Deputy City Manage
City Manager ~~
EXECUTIVE SUMMARY:
On July 25,2005, the City Council adopted Resolution No. 37-2005 authorizing the formation
of Wheat Ridge 2020 (WR2020), a non-profit corporation, for the purpose of assisting the
City in bringing about community revitalization and amending the fiscal year 2005 General
Fund budget to reflect the approval of a supplemental budget appropriation in the amount of
$415,000 to begin building the recommended organization, WR2020, which in turn will set
direction for, and implement the nine strategies contained within the Neighborhood
Revitalization Strategy Repositioning Wheat Ridge report. City Council recognized at that
time that additional funding would be requested from WR2020 for a minimum of five (5)
years. In January 2006, City Council approved the 2006 WR2020 funding request in the
amount of $1,000,000.
In order to continue the operations and implementation of programs for Community and
Economic Development, WR2020 is requesting 2008 funding in the amount of$1,500,000.
Funding ofWR2020 by the City Council will further the City's efforts toward achieving its
stated goals as listed within the Council's Strategic Plan.
COMMISSIONIBOARD RECOMMENDATION:
None.
STATEMENT OF THE ISSUES:
None.
ALTERNATIVES CONSIDERED:
None.
FINANCIAL IMPACT:
City Council adopted the 2008 Budget on October 22, 2007 which includes $1,500,000 for
WR2020 in the General Fund. WR2020 will request additional funds from the City on an
annual basis for a ]11inimum of three more years.
RECOMMENDED MOTION:
"I move to approve a contribution to Wheat Ridge 2020 in the amount of $1,500,000 for the
purpose of implementing the vision and mission of the City Council as outlined in the
Neighborhood Revitalization Strategy."
or,
"I move to postpone indefinitely the approval of a contribution to WR2020 in the amount of
$1,500,000 for the following reason(s)
"
Report Prepared by:
Reviewed by:
Robbe Thibault, Executive Assistant
Patrick Goff, Deputy City Manager
Randy Young, City Manager
Attachments:
070326 WR2020 request for 2007 funding. doc
"<
~.. , Y City of
?WheatRLdge
ITEM NO:
cr.
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE: January 14,2008
niLE: ALLOCATION OF $40,000 FROM ItlE 2008 GENERAL
FUND BUDGET TO 11"1'&<; WHEAT RIDGE BUSINESS
DISTRICT
D PUBLIC HEARING
[!] BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date)
D ORDINANCES FOR 2ND READING (Date)
Quasi-judicial:
DYES
[ijNO
Deputy City Manageflckr~
"
City Manager ~
EXECUTIVE SUMMARY:
The 38th Avenue Business District Board of Directors was appointed at the August 12, 2002 City
Council meeting. At that same meeting, the allocation of $93,500 from the Capital Investment Program
(CIP) Ullallocated fund balance to the 38th Avenue Business District was approved. 2003,2004,2005
and 2006 funding in the amount of $40,000 each year was allocated from the C1P budget to the 38th
Avenue Business District. In 2005 the 38th Avenue Business District changed its name to the Wheat
Ridge Business District. The Economic Development Division of the General Fund budget approved
during the 2008 budget process allocates $40,000 from to the Wheat Ridge Business District.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
N/A
ALTERNATIVES CONSIDERED:
N/A
FINANCIAL IMPACT:
The $40,000 was approved during the 2008 budget process in the Economic Development Division of
the General Fund budget.
RECOMMENDED MOTlON~
"I move to allocate $40,000 from the General Fund to the Wheat Ridge Business District.
or,
"I move to deny the allocation of $40,000 from the General Fund to the Wheat Ridge Business District
for the following reason(s) "
Report Prepared by: Robbe Thibault, Executive Assistant
Attachments:
080114 Council r\dion Rcqueslli)r \VR Business District (I) doc
"-
~' _ r City of
?WlieatRL-dge
ITEM NO: 10.
REQUEST FOR CITY COUNCIL ACTION
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COUNCIL MEETING DATE: January 14, 2008
TITLE: APPOINTMENT OF CITY BOARD MEMBER FOR WHEAT RIDGE
BUSINESS DISTRICT.
D PUBLIC HEARING
[!] BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1 ST READING (Date)
D ORDINANCES FOR 2ND READING (Date)
Quasi-judicial:
OrES
[ijNO
/~
EXECUTIVE SUMMARY:
According to the Wheat Ridge Business District Bylaws, Article III, Section 2. "Three directors shall be
appointed by the City Council of the City of Wheat Ridge". Currently, Lena Rotola and Wanda Sang
are Council appointments to the WRBD. Council needs to appoint one more person per the bylaws to a
three (3) year term. The appointment does not need to be a member from Council.
COMMISSIONIBOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Mayor DiTullio and Board President, Eugene Kiefel have requested that Council appoint the third
Director. Two people have expressed interest:
Loretta DiTirro-Schwankl
Dick Matthews
ALTERNATIVES CONSIDERED:
Make no appointment at this time.
RECOMMENDED MOTION:
"I move to appoint
March 2008, term ending March 2011.
to the Wheat Ridge Business District, effective
Prepared by: Janice Smothers, Administrative Assistant