331.7 - Separation from County Service

PURPOSE: To establish processes for certain employee separations from County service (reference A).

SCOPE: This Policy and Procedure applies to all employees of Larimer County and employees of the Office of the District Attorney, Eighth Judicial District, with the exception of employees of Larimer County Sheriff's Office pursuant to Larimer County Policy BCC P# 15A (reference B).

RESPONSIBILITY: The Human Resources Director administers this policy.

SPECIFIC REQUIREMENTS: None

REVISION LOCATOR:

1.   Enclosure 1 – LCHR-50 (deleted)

POLICY AND PROCEDURE:

I.   GENERAL POLICY:

The provisions of this policy address certain actions involving the separation of an employee from County service.  These provisions apply in all instances except as specifically provided for in Human Resources Policy and Procedure 331.8 concerning dismissals for disciplinary reasons (reference C) and Human Resources Policy and Procedure 331.7.03 concerning layoffs (reference D).

II.   RETIREMENT:

There is no mandatory retirement age for Larimer County employees. 

III.   RESIGNATION:

All resignations must be documented by the Appointing Authority or designee by a Personnel Action Form 2 with appropriate supporting documentation, such as a letter of resignation, timely filed with the Human Resources Department.

IV.   ELIGIBILITY FOR REHIRE:

When considering a former County employee for rehire, an Appointing Authority or designee is strongly encouraged to contact Human Resources in order to review the former employee’s personnel file and to contact previous supervisors as appropriate.  This review is specifically authorized by an applicant’s signature on the County Application form.  This Section applies the similarly to Appointed Officials and Regular, Limited Term and Temporary employees, excepted as otherwise noted below.

A.  Voluntarily separating employees, for example resignation or retirement, must give at least ten (10) business days written notice prior to the effective date of separation, unless a shorter time is specifically approved by the Appointing Authority in writing, in order to be eligible for rehire, with the exceptions noted below.

B.  Employees who are dismissed for reasons related to their misconduct, who are involuntarily separated during their probationary period for reasons related to their misconduct, or who voluntarily separate while disciplinary actions based on their misconduct are pending are not eligible for rehire.

C.  Employees who are dismissed for reasons related to their performance, who are involuntarily separated during their probationary period for reasons related to their performance, or who voluntarily separate while disciplinary actions based on their performance are pending are eligible for rehire if the hiring Appointing Authority or designee has documented in writing to the Human Resources Director that the personnel file of the former employee was reviewed prior to the making of the hiring decision.

D.  Employees who are involuntarily separated as part of a reduction-in-force and Limited Term Employees who are involuntarily separated for reasons related to that status, for example as opposed to for disciplinary reasons, are eligible for rehire.

E.  Upon request of the hiring Appointing Authority, the Human Resources Director is authorized to waive the provisions of this Section based upon a finding of good cause.

F.  Whether a separating employee is eligible for rehire or not under this policy must be indicated by the Appointing Authority or designee on the Personnel Action Form-2 documenting the separation.

V.     SEPARATION OF LIMITED TERM EMPLOYEES:

A.  This section applies only to separations of Limited Term Employees (reference F) hired after April 18, 1990, for reasons other than performance or conduct. Separation of Limited Term Employees hired prior to April 18, 1990, for reasons other than performance or conduct are covered by Human Resources Policy and Procedure 331.7.03 (reference D). Separations of Limited Term Employees hired at any time for performance or conduct reasons are covered by Human Resources Policy and Procedure 331.8 (reference C).

B.  Limited Term Employees who have signed a contract, statement or agreement in which the employee acknowledges that he or she has no right to the layoff provisions of County policy are bound by that statement or agreement.  The employee will be separated without Layoff, Appeal, or Grievance rights and in accordance with the terms of the agreement.

C.  Before making final plans to separate a Limited Term Employee, the Appointing Authority will give the employee a reasonable opportunity to suggest alternatives to separation.  However, the final decision regarding whether or not to separate a Limited Term Employee remains with the Appointing Authority.

D.  In the event that the Appointing Authority determines that a Limited Term Employee must be separated, the Appointing Authority, as far in advance of the anticipated date of separation as practical, will notify the affected employee of the fact that he/she will be separated and the date of the anticipated separation.  This notification period shall be no less than five (5) business days.

E.  A Limited Term Employee who is separated under this Section has no right to County Layoff, Appeal or Grievance rights.   A Limited Term Employee separated under this Section may request a review of the separation by the Human Resources Director.  Any such request must be in writing and received by the Human Resources Director no later than five (5) business days after the effective date of the separation.  This review will be limited to whether the Appointing Authority complied with the applicable policy.

F.   In the event that more than one Limited Term position must be eliminated and more than one Limited Term Employee is employed in the position to be eliminated, the subject employees will be separated in the following order:

1.   Employees with the least favorable performance records will be separated first. All performance evaluations, corrective actions and/or disciplinary actions issued within five (5) years prior to the proposed effective date of the separation must be considered in making this determination.

2.   If the evaluated performance of two (2) or more employees is considered equal, the employee with the lowest number of years of current consecutive County service will be separated next, in other words before an employee with greater seniority.  Periods of employment as a Temporary/Seasonal employee cannot be counted in determining years of service during this step.

VI.    DEATH OF AN EMPLOYEE:

A.  Notifications:

1.   If the death of an employee occurs while the employee is working, the Appointing Authority or designee will promptly notify the employee's next of kin and the County Manager.  The County Manager will notify the Community Information Manager, the Human Resources Department, and the Risk Management Department of the employee's death and the circumstances involved in the death.  For law enforcement notifications see "Cause of Death Investigations" below (Section VI, D).  All of these notifications must be made as soon as possible.

2.   If the death of an employee occurs while the employee is working, the Risk Management Department will be given information which will help the Risk Manager to determine what type of an inquiry or investigation into the cause of the employee's death might need to be conducted and which will enable the Risk Manager to begin processing a workers’ compensation claim that may arise from the death.

3.   If the death of an employee occurs while the employee is working or off-duty, the Human Resources Department must be given information so that beneficiaries may be contacted concerning life insurance and other employment benefits.  Depending on the circumstances of the employee's death there may be other issues that Human Resources may need to discuss with the Appointing Authority.  These issues might include dealing with investigations into the death, effects on coworkers, and other human resources issues that may arise.

4.   If the death of an employee occurs while the employee is working or off-duty, the Community Information Manager must be given information so that appropriate notifications can be made and appropriate press inquiries can be answered.

B.  Funerals and Memorial Services:

1.   The Appointing Authority may release certain coworkers of the deceased employee to attend a funeral or memorial service that may be held using the Emergency Leave provisions (reference E).

2.   An Appointing Authority is authorized to expend County funds to send flowers to funerals and memorial services of deceased employees and condolence cards to family members.  However, no public funds may be sent to memorial funds or other organizations designated by the deceased employee or by others on behalf of the deceased employee.

3.   In situations where an employee's death is caused by an on-the-job injury, the County will pay the estate for funeral expenses in compliance with applicable workers compensation law.

C.  Public Information:

1.   All inquiries from the press or other persons about the circumstances of the employee's death must be referred to the Community Information Manager or other County representative as may be designated by the employee's Appointing Authority.  Exceptions may include inquiries by verified next of kin.

2.   The employee's name and other personally identifying information should not be released until the Appointing Authority or designee has notified the employee's next of kin.

3.   Elected Officials may choose to designate an alternative staff person to fulfill the requirements of the Community Information Manager under this policy; however, it is important that the Community Information Manager be fully informed and kept up to date with information to adequately respond to press and other inquiries.

4.   The Community Information Manager or Elected Official’s designee will confer with the deceased employee's next of kin before issuing a press release.  If the deceased employee's next of kin is unable to assist with a press release, the Community Information Manager or Elected Official’s designee will work with the appropriate Appointing Authority in preparing a press release.  The Community Information Manager or Elected Official’s designee will assist the next of kin in dealing with the press, if the next of kin indicates a desire for such assistance.  The Community Information Manager or Elected Official’s designee will work closely with the County Manager, the Appointing Authority and the deceased employee's next of kin in developing and distributing public information concerning the deceased employee's death.

D.  Cause of Death Investigations:

If the death of an employee occurs while the employee is working, the Appointing Authority, in consultation with the County Manger, Risk Manager, and Human Resources Director are responsible for ensuring that appropriate law enforcement and Coroner's Office are notified and that the scene of the employee's death remains as undisturbed as possible until appropriate investigations are completed.  If the Appointing Authority is in doubt as to who should be contacted to investigate the death, the Larimer County Sheriff's Office must be promptly contacted.

E.   Last Paycheck:

In the case of the death of an employee, any wages due the deceased employee will be made payable to the estate of the deceased employee.  This paycheck will be issued as soon as possible (reference G).

VII.  RETURN OF COUNTY PROPERTY:

An employee leaving County service will return all County property he or she possesses prior to close of business on the last date worked.  It is the responsibility of the Appointing Authority or designee to ensure that an employee has returned all County property.

VIII. FINAL PAY:

A.  A separating employee's final pay is not issued until a Personnel Action Form has been completed and submitted to the Human Resources Department.

B.  A separating employee will receive payment for all compensated time worked in accordance with the County's Wages and Salaries policy and procedure (reference G).  A separating employee will receive payment for certain leave balances in accordance with the County's Benefits policy and procedure (reference E).

C.  This payment will be issued in the same manner as the separating employee's regular pay and will be issued on the next regularly scheduled payday.

____________________________
Steve Johnson
Chair Pro-Tem, Board of County Commissioners
(Approved by BCC – Consent Agenda – September 5, 2017)
(Signature on original filed in Records Management)

Distribution:
All County Department and Elected Officials
Records Management SOP Manual (original)

BP/vl

DATE: September 5, 2017

EFFECTIVE PERIOD: Until Superseded

REVIEW SCHEDULE: Every five years in August; or as needed.

CANCELLATION:   Human Resources Policy and Procedure 331.7A, September 29, 2009

ENCLOSURE(S):

None

REFERENCE(S):

A.  Governing Policy Manual: Policy 3.2 - Treatment of Staff
B.  Larimer County Policy BCC P# 15A, Sheriff’s Department Personnel Policies
C.  Human Resources Policy and Procedure 331.8, Corrective and Adverse Actions; Grievance Procedure; and Problem Solving Process
D.  Human Resources Policy and Procedure 331.7.03, Reductions in Force
E.   Human Resources Policy and Procedure 331.6, Benefits
F.   Human Resources Policy and Procedure 331.2, Recruiting, Applications & Hiring Policies and Procedures
G.  Human Resources Policy and Procedure 331.5, Compensation