<< Master Table of Contents


TABLE OF CONTENTS

TITLE 2

ADMINISTRATION AND PERSONNEL

Chapters:

2-02 City Council Compensation

2-02-010  Compensation of members of council

2-02-020  Mayor's additional compensation

2-02-030  When effective

2-02-040  Expenses

2-04 County Powers

2-04-010  Powers generally

2-04-020  County board of social services

2-04-030  County board of health

2-04-040  County attorney

2-04-050  Sheriff

2-04-060  City and county clerk

2-04-070  Coroner

2-04-080  Assessor

2-04-090  Treasurer

2-04-100  Surveyor

2-04-110  Public trustee

2-04-130  Compensation

2-04-140  County manager

2-10 Employees' Review Committee

2-10-010  General

2-10-020  Composition

2-10-030  Ineligible personnel

2-10-040  Elections

2-10-050  Representative's role

2-10-060  Meetings

2-10-070  Chairperson

2-12 Personnel Merit Commission

2-12-010  Members; number

2-12-020  Members; qualifications

2-12-030  Members; term of office

2-12-040  Vacancies

2-12-050  Organization; meetings; rules

2-12-060  Expenditures; coordination of staff support

2-12-070  Jurisdiction; appeal hearing authority

2-12-080  Appellate hearing authority; findings

2-12-090  Removal from office

2-14 Personnel Merit System

2-14-005  Legislative declaration

2-14-010  Positions covered

2-14-020  Definitions

2-14-030  Administration; city manager and department heads

2-14-040  Reserved

2-14-050  Classification plan

2-14-060  Pay plan

2-14-070  Transfer

2-14-080  Recruitment

2-14-090  Examinations

2-14-100  Appointment

2-14-110  Reserved

2-14-120  Reserved

2-14-130  Performance evaluation

2-14-140  Conduct

2-14-150  Drugs and alcohol

2-14-160  Causes for corrective or disciplinary action

2-14-170  Status during/pending investigation, hearing or trial

2-14-180  Corrective actions

2-14-190  Employee grievance procedure; policy

2-14-200  Disciplinary actions

2-14-210  Appeal of a disciplinary action

2-14-220  Reserved

2-14-230  Separation from employment; general

2-14-240  Separation from employment; resignation

2-14-250  Separation from employment; job abandonment

2-14-260  Separation from employment; ineligible

2-14-270  Separation from employment; reduction-in-force

2-14-280  Separation from employment; inability to perform required tasks

2-14-290  Separation from employment; death

2-14-300  Separation from employment; dismissal

2-14-310  Separation from employment; date of separation

2-14-320  Separation from employment; exit interview

2-14-330  Reserved

2-14-340  Equal opportunity employment; policy and procedure

2-16 Social Security for City Employees

2-16-010  Authority

2-16-020  Payroll deductions

2-16-030  Appropriation

2-16-040  Agreement authority

2-20 Pension Plan for General Employees

2-20-010  Establishment

2-20-020  Purpose

2-20-030  Definitions

2-20-040  Construction of terms

2-20-050  Eligibility; participation

2-20-060  Contributions; by employer

2-20-070  Mandatory contributions; by employees

2-20-075  Retirement benefits; general conditions

2-20-080  Normal retirement

2-20-085  Normal pension

2-20-090  "Rule of 80" retirement

2-20-095  "Rule of 80" pension

2-20-100  Early retirement

2-20-105  Early pension

2-20-110  Deferred vested retirement

2-20-115  Deferred vested pension

2-20-120  Disability retirement

2-20-125  Disability pension

2-20-130  In-service death benefit

2-20-135  Separated vested and nonvested participants death benefit

2-20-140  Death of a retired participant before contributions recovered

2-20-145  Designation of beneficiary

2-20-150  Death of beneficiaries

2-20-155  Claim for benefits

2-20-160  Benefit payment; optional forms

2-20-165  Cash out contributions

2-20-170  Rollover to another plan

2-20-175  Maximum annual benefit

2-20-200  Restrictions on the twenty-five highest paid employees effective after December 31, 2000

2-20-210  Amendment of the plan

2-20-220  Trust and investment of pension fund

2-20-230  Employer and trustee powers and duties

2-20-240  Pension committee

2-20-260  Nonguarantee of employment

2-20-270  Assignment of benefits

2-20-280  Required distributions

2-20-290  Merger or consolidation

2-20-300  Termination and amendment

2-20-310  Plan assets; amount returnable to employer

2-22 Money Purchase Plan for General Employees

2-22-010  Establishment

2-22-020  Purpose

2-22-030  Definitions

2-22-040  Construction of terms

2-22-050  Plan participation

2-22-060  Employer contributions

2-22-070  Employee contributions

2-22-075  Portability of benefits

2-22-080  Transfer of actuarial cash equivalent value of employee's benefit from the pension plan for city and county employees

2-22-090  Maximum annual benefit

2-22-100  Trust and investment of accounts

2-22-110  Vesting

2-22-120  Participant loans

2-22-130  Claims

2-22-140  Commencement of benefits

2-22-150  Distribution of benefits

2-22-160  Death and disability benefits

2-22-170  Administration of the plan

2-22-180  Miscellaneous provisions

2-22-190  Plan amendment and termination

2-22-200  Applicable law

2-24 Police Pension Plan for "Old Hire" Police Officers

2-24-010  Establishment

2-24-020  Purpose

2-24-030  Definitions

2-24-040  Contributions

2-24-050  Trust and investment of pension fund

2-24-060  Survivor benefits; death prior to retirement

2-24-070  Survivor benefits; death of retired employee

2-24-075  Dependent children

2-24-080  Retirement; amount of pension

2-24-090  Delayed retirement benefits

2-24-100  Deferred retirement benefits; reduced when

2-24-110  Benefit payment; optional form

2-24-120  Cost of living adjustment for employees

2-24-130  Claim for benefits

2-24-140  Maximum annual benefit

2-24-170  Restrictions of the twenty-five highest paid employees effective after December 31, 2000

2-24-180  Amendment of the plan

2-24-190  Notice of rollover and tax treatment

2-24-200  Employer and trustee powers and duties

2-24-210  Board of trustees

2-24-220  Assignment of benefits

2-24-225  Uniformed Services Employment and Reemployment Rights Act

2-24-230  Nonguarantee of employment

2-24-240  Merger or consolidation

2-24-250  Termination and amendment

2-24-260  Plan assets; amount returnable to employer

2-25 Money Purchase Plan for Peace Officers

2-25-010  Establishment

2-25-020  Purpose

2-25-030  Definitions

2-25-040  Plan participation

2-25-050  Contributions

2-25-060  Trust and investment of accounts

2-25-070  Vesting

2-25-075  Loans

2-25-080  Claims

2-25-090  Commencement of benefits

2-25-100  Death benefits

2-25-110  Distribution of benefits

2-25-120  Plan amendment and termination

2-25-130  Administration of the plan

2-25-140  Miscellaneous provisions

2-25-150  Applicable law

2-26 City and County of Broomfield Employees' Medical Care Expense Plan

2-26-010  Establishment of trust fund

2-26-015  Administration; city manager

2-26-020  Sources and amounts of contributions to the fund

2-26-030  Creation of the board of trustees

2-26-040  Number and selection of trustees

2-26-050  Powers and duties of the trustees

2-26-060  Limitations on powers of trustees

2-26-070  Liability of trustees

2-26-080  Trustees; bonding

2-26-090  Trustees; fiduciary insurance

2-26-100  Accounts and records

2-26-110  Rights to fund

2-26-120  Right to amend

2-26-130  Termination

2-28 Municipal Court

2-28-010  Definitions

2-28-020  Established; statutory authority

2-28-030  Judge; appointment; term; qualifications; compensation

2-28-040  Judge; oath required

2-28-050  Judge; powers and duties generally

2-28-060  Judge; additional; appointment when

2-28-070  Judge; removal

2-28-080  Jurisdiction; powers and procedures

2-28-090  Sessions; requirements generally

2-28-100  Administrative duties of judge

2-28-110  Costs and fees

2-28-120  Appeals

2-28-130  Protective orders

2-28-140  Juveniles

2-32 Building Official

2-32-010  Office created; appointment

2-32-020  Powers and duties generally

2-36 Reserved

2-40 Planning and Zoning Commission

2-40-010  Created

2-40-020  Members; term of office

2-40-030  Members; qualifications

2-40-040  Organization; term of office

2-40-060  Powers and duties generally

2-40-070  Powers, duties, and procedures to grant variances and make adjustments to zoning

2-40-080  Review of development proposals

2-40-100  Review of urban site renewal plans

2-42 Open Space and Trails Advisory Committee

2-42-010  Committee established

2-42-020  Committee membership

2-42-030  Committee hearings

2-42-040  Public hearings

2-44 Parks and Recreation Advisory Committee

2-44-010  Committee established

2-44-020  Committee membership

2-44-030  Committee meetings

2-44-040  Public hearings

2-48 Emergency Management

2-48-010  Purpose

2-48-020  Definitions

2-48-030  Preparedness and coordination

2-48-040  Disaster declaration powers

2-48-050  Line of succession

2-48-055  Emergency meetings

2-48-060  Conflicting ordinances, orders, rules, and regulations

2-48-070  City nonliability designated

2-48-080  Penalty for violation

2-52 Public Library

2-52-010  Library department established

2-52-020  Library board created

2-52-030  Organization, powers, and duties of the library board

2-52-040  Merger of library fund and general fund

2-52-050  Annual report

2-52-060  Meetings

2-52-070  Penalty for violation

2-52-080  Fines for overdue, damaged, or lost materials

2-52-100  Failure to pay fees or fines

2-56 Fees for Research and Copying of Criminal Justice Records

2-56-010  Fees for research and copying

2-56-020  Waiver

2-58 Voting on Agreements

2-58-010  Voting on agreements with nonprofit corporations and foundations

2-60 Administrative Organization

2-60-010  Purpose

2-60-020  Administrative policies and procedures

2-60-030  Office of the city and county manager

2-60-040  Office of the city and county attorney

2-60-050  Communications and governmental affairs department

2-60-060  Police department

2-60-070  Courts administration department

2-60-080  Health and human services department

2-60-090  Community resources department

2-60-100  Finance department

2-60-105  Assessor department

2-60-110  City and county clerk department

2-60-120  Information technology department

2-60-125  Performance and internal audit department

2-60-130  Human resources department

2-60-135  Economic development department

2-60-140  Community development department

2-60-150  Public works department

2-60-160  Department directors

2-62 Alternate Members

2-62-010  Term of office for alternate members

2-62-020  Alternate members serving as officers prohibited

2-64 Cultural Council

2-64-010  Cultural council established

2-64-020  Membership; qualifications

2-64-030  Purpose, powers, and responsibilities

2-64-040  Meetings

2-64-050  Organization

2-64-060  Conflict of interest

2-66 Board of Equalization

2-66-010  Board established

2-66-020  Members; number; qualifications

2-66-030  Members; term of office

2-66-040  Organization; meetings; rules

2-66-050  Duties of the board of equalization

2-66-060  Petitions for appeal

2-66-070  Hearings on appeal

2-66-080  Appeals of board decisions; arbitrators; qualifications; procedures

2-66-090  Expenditures; coordination of staff support

2-66-100  Settlement authority

2-70 Ethics Code

2-70-010  Purpose

2-70-020  Definitions

2-70-030  Conflicts of interest prohibited

2-70-040  Ban on use of official position for private gain

2-70-050  Violation and removal

2-70-060  Advisory opinions and special counsel or ethicist appointment

2-74 Sale and Disposition of Buildings and Real Property

2-74-010  Purpose

2-74-020  Election required

2-74-030  Ordinance required

2-74-040  Open space a public purpose

2-74-040  Deeds and conveyances

2-78 Local Licensing Authority Additional Duties

2-78-010  Additional duties

2-78-020  Rule and regulation promulgation

2-82 Public Art Committee

2-82-010  Committee established

2-82-020  Committee membership

2-82-030  Committee meetings

2-82-040  Public hearings


Chapter 2-02

City Council Compensation

2-02-010  Compensation of members of council. Go to the top

(A)  Each member of the city council, including the mayor, shall receive $200.00 per month (or part thereof) during his or her term of office.

(B)  Effective November 14, 1995, for those council members elected at the general municipal election held on November 7, 1995, and for any council member thereafter duly elected or chosen, each such council member shall receive the sum of $300.00 per month or part thereof.

(C)  Effective November 13, 2001, for those council members elected at the general municipal election held on November 6, 2001, and for any council member thereafter duly elected or chosen, each such council member shall receive the sum of $600.00 per month or any part thereof. (Ord. 605 §1, 1985; Ord. 1157 §1, 1995; Ord. 1535 §1, 2001)

2-02-020  Mayor's additional compensation. Go to the top

(A)  The mayor shall receive an additional $200.00 per month (or part thereof) during his or her term of office, for a total of $400.00 per month.

(B)  Effective November 14, 1995, for the mayor elected at the general municipal election held on November 7, 1995, and for any mayor thereafter duly elected, such mayor shall receive the sum of $500.00 per month or part thereof.

(C)  Effective November 13, 2001, for the mayor elected at the general municipal election held on November 6, 2001, and for any mayor thereafter duly elected, such mayor shall receive the sum of $800.00 per month or any part thereof. (Ord. 605 §1, 1985; Ord. 1157 §2, 1995; Ord. 1535 §2, 2001)

2-02-030  When effective. Go to the top

The compensation provided for in sections 2-02-010 and 2-02-020 shall take effect at the start of the term of the mayor and any member of council elected or appointed after November 1, 1985. (Ord. 605 §1, 1985)

2-02-040  Expenses. Go to the top

(A)  Pursuant to section 4.8 of the Charter, the council hereby orders that the mayor and councilmembers be paid their actual and necessary expenses incurred in the performance of their duties of office upon submitting evidence of such expenses to the finance department.

(B)  Such submission to the finance department shall be on a form provided by the city manager to the mayor and councilmembers. The mayor and councilmembers shall include either a receipt or other evidence of expenditure with each form submitted to the finance department. For each expense submitted to the finance department, the mayor or councilmember shall include on the form a concise written statement of the purpose of the expense. The mayor or councilmembers may request payment by the city in advance for anticipated expenses but shall refund any unspent moneys to the city and account for any expenditures by a concise written statement on the form.

(C)  When either the mayor or any councilmember attends or participates in a conference, seminar, training session, or meeting related to city business and the expense therefor is reimbursed by the city, the mayor or any such councilmember will submit a written or oral report to the city council regarding the matters or issues discussed at the conference, seminar, training session, or meeting. If two or more members of the city council attend or participate in the same conference, seminar, training session, or meeting, no such written or oral report is required to be submitted to the city council. (Ord. 605 §1, 1985; Ord. 1052 §1, 1994)


Chapter 2-04

County Powers

2-04-010  Powers generally. Go to the top

The city council shall exercise the powers of the board of county commissioners as described in section 30-11-107, C.R.S., and shall exercise all other powers of boards of county commissioners provided for in the general laws of the state, unless such powers are otherwise delegated by ordinance. (Ord. 1645 §1, 2001)

2-04-020  County board of social services. Go to the top

The city council shall serve as the county board of social services as described in section 26-1-116, C.R.S. The mayor or mayor pro tem shall serve as chair for the county board of social services. (Ord. 1645 §1, 2001)

2-04-030  County board of health. Go to the top

The city council shall serve as the county board of health as described in section 25-1-608, C.R.S. The mayor or mayor pro tem shall serve as chair for the county board of health. (Ord. 1645 §1, 2001)

2-04-040  County attorney. Go to the top

The city attorney shall serve as county attorney as provided for in Section 30-11-118, C.R.S., and who shall be the city and county attorney for the City and County of Broomfield. (Ord. 1645 §1, 2001)

2-04-050  Sheriff. Go to the top

The chief of police shall be ex officio sheriff of the City and County of Broomfield and in such capacity shall possess the general police powers given sheriffs in other counties and shall perform the acts and duties required of county sheriffs pursuant to the state constitution and general laws of the state. (Ord. 1645 §1, 2001)

2-04-060  City and county clerk. Go to the top

The city and county clerk shall serve as the county clerk and recorder and the city clerk to the city council and in such capacity shall possess all the powers given to county clerks in other counties and shall perform the acts and duties required of county clerks pursuant to the state constitution and the general laws of the state, including the functions of recording, elections, motor vehicles and central records, and perform all functions and duties of the city clerk as set forth in the Home Rule Charter and the Broomfield Municipal Code. (Ord. 1645 §1, 2001; Ord. 1873 §1, 2007)

2-04-070  Coroner. Go to the top

The coroner shall possess all the powers given to county coroners in other counties and shall perform the acts and duties required of coroners pursuant to the state constitution and the general laws of the state. (Ord. 1645 §1, 2001)

2-04-080  Assessor. Go to the top

(A)  The position of director of the assessor department shall perform the functions of the county assessor and in such capacity shall possess all the powers given to county assessors in other counties and shall perform the acts and duties required of assessors pursuant to the state constitution, the general laws of the state, and as provided in the charter or ordinances.

(B)  The assessor is authorized to settle by written mutual agreement any petition for abatement or refund of property taxes in the maximum amount allowed by state statute, as amended, or less per tract, parcel, or lot of land or per schedule of personal property and such abatement or refund agreed upon and settled pursuant to this section shall not be subject to the requirements of subsection 2-66-050(B), B.M.C. (Ord. 1662 §1, 2002; Ord. 1873 §2, 2007; Ord. 1940 §1, 2011)

2-04-090  Treasurer. Go to the top

The position of revenue manager within the finance department shall perform all the property tax billing and collection functions of treasurer and in such capacity shall possess all the powers given to treasurers in other counties and in such capacity shall perform the acts and duties required of treasurers pursuant to the state constitution, the general laws of the state, and as provided in the charter or ordinances. All other functions of the treasurer, including accounting, investment, and cash management, shall be performed by the finance department, which in such capacity shall possess all powers given to county treasurers in other counties for such functions and in such capacity shall perform the acts and duties required of treasurers pursuant to the state constitution, the general laws of the state, and as provided in the charter or ordinances. (Ord. 1662 §1, 2002)

2-04-100  Surveyor. Go to the top

The function of county surveyor shall be performed by the community development department, which shall possess all the powers given to county surveyors in other counties and shall perform the acts and duties required of surveyors pursuant to the state constitution, the general laws of the state, and as provided in the charter or ordinances. (Ord. 1662 §1, 2002)

2-04-110  Public trustee. Go to the top

The position of revenue manager within the finance department shall perform the functions of the public trustee and in such capacity shall possess all the powers given to public trustees in other counties and shall perform the acts and duties required of public trustees pursuant to the state constitution, the general laws of the state, and as provided in the charter and ordinances. (Ord. 1662 §1, 2002)

2-04-130  Compensation. Go to the top

The amount of compensation for officers designated in this chapter shall be as established pursuant to chapter 2-14, personnel merit system, and shall not be established by state statute. (Ord. 1662 §1, 2002)

2-04-140.  County manager. Go to the top

The city manager shall serve as county manager as provided for in Section 30-11-107(1)(n), C.R.S., and shall be the city and county manager for the City and County of Broomfield. (Ord. 1677 §1, 2002)


Chapter 2-10

Employees' Review Committee

2-10-010  General. Go to the top

Full-time and part-time city employees select fellow employees as representatives to assist the city manager and human resources department in reviewing personnel policies and procedures and the fringe benefit package. Representatives shall serve a two-year term or until their successors are elected or appointed. (Ord. 660 §1, 1985; Ord. 1647 §1, 2001)

2-10-020  Composition. Go to the top

Ten representatives shall be selected to represent groups of employees who, by nature of their duties, have a common interest in personnel policies and procedures as follows:

(A)  One member elected by and representing employees of the recreation services division (group A);

(B)  One member elected by and representing employees of the clerk and recorder department, city manager's office, city attorney's office, communications and governmental affairs department, court services department, economic development department, human resources department, information technologies department, open space and trails division, and performance/internal audit department (group B);

(C)  One member elected by and representing employees of the community development department (group C);

(D)  Two members elected by and representing employees of the police department (group D) to include one representative from administration and support services bureau, and one representative from the operations bureau;

(E)  Two members elected by and representing employees of the public works department (group E) to include one representative from administration, utilities maintenance, street maintenance, park maintenance, facility maintenance, and fleet maintenance divisions, and one representative from the water treatment division, the wastewater treatment division, and the environmental services division;

(F)  One member elected by and representing employees of the finance department and the assessor's department (group F);

(G)  One member elected by and representing employees of the health and human services department (group G); and

(H)  One member elected by and representing employees of the library and cultural affairs division (group H). (Ord. 660 §1, 1985; Ord. 1243 §1, 1997; Ord. 1647 §1, 2001; Ord. 1985 §1, 2013)

2-10-030  Ineligible personnel. Go to the top

Department heads, supervisors in Group 1 (see subsection 2-14-070(A) of this code), except for Group 1 supervisors in group A, and temporary employees are ineligible to serve on the committee or vote for its representatives. (Ord. 660 §1, 1985; Ord. 1243 §2, 1997; Ord. 1647 §1, 2001)

2-10-040  Elections. Go to the top

Employee representatives must be employed within and elected by the group they represent. To enhance continuity, at least one-half of the committee membership will be elected each year. Selection of representatives shall be made by secret ballot. Annually from November 1 through November 16, the human resources department will accept names of employees who are interested in serving on the committee to represent those groups whose terms expire at the end of the calendar year. These names will be placed on ballot forms to be distributed to employees during the first week in December. Upon tabulation of the ballots, the candidate with the highest number of votes shall be elected to represent his or her fellow employees for the new term starting January 1. The first runner-up shall be designated as an alternate who may substitute during the absence of the regular representative. In the event the regular representative will be unable to complete his or her full term of service, the representative's alternate will be designated as the new representative. At that time, the second runner-up or an appointee by the representative (if there is no runner-up) would be designated as the alternate. (Ord. 660 §1, 1985; Ord. 1647 §1, 2001; Ord. 1985 §2, 2013)

2-10-050  Representative's role. Go to the top

It is the duty of each employee representative to attend all committee meetings and express his or her constituents' views. If the representative is unable to attend, he or she should arrange for his or her alternate to attend. It is further the representative's responsibility to report back to his or her group so that all subjects discussed at meetings are understood by employees within his or her group. In the event that additional information or data is required, it shall be the responsibility of each representative to obtain that information for his or her group. It shall be the duty of the committee to advise the city manager concerning the employee pension program. In addition, the committee must collectively appoint a full-time employee to serve on the board of trustees of the city employee's medical care expense plan. If an employee representative misses two consecutive meetings or a total of three meetings in one year, that representative shall be replaced as designated in section 2-10-040 unless otherwise determined by a majority vote of the committee. (Ord. 660 §1, 1985; Ord. 1647 §1, 2001)

2-10-060  Meetings. Go to the top

(A)  Meetings with management. The committee will meet with the city manager as needed. Either the committee or the city manager may call such a meeting. Committee members and the city manager will be given a minimum of seventy-two hours' notice for each meeting called. The city manager may designate a representative to attend such meetings.

(B)  Meetings of committee. The committee will be entitled to use appropriate periods of duty time prior to meetings with management to conduct meetings of the committee itself. Time and scheduling shall be coordinated with and approved by respective supervisors.

(C)  Meetings with employee groups. Each employee group will be entitled to use an appropriate period during working hours for the group's representative to report back after each meeting with management. Time and scheduling of the meeting shall be coordinated with and approved by supervisors and department heads. (Ord. 660 §1, 1985; Ord. 1647 §1, 2001)

2-10-070  Chairperson. Go to the top

At the first meeting after each committee election, the representatives shall elect a chairperson from among the representatives. It shall be the duty of the chairperson to advise the representatives of the time and location of committee meetings and meetings with management. The chairperson is responsible for seeking the full and timely attendance of all representatives at meetings and for preparing a written agenda from which meetings will be informally conducted. (Ord. 660 §1, 1985; Ord. 1647 §1, 2001)


Chapter 2-12

Personnel Merit Commission

2-12-010  Members; number. Go to the top

The personnel merit commission shall be composed of three members appointed by the city council. If any member is absent from any meeting of the commission, an alternate member, who shall be appointed by council, shall serve as the third member of the commission. (Ord. 264 Art. 1 §1, 1975; Ord. 809 §1, 1989)

2-12-020  Members; qualifications. Go to the top

All commissioners, prior to appointment, shall be qualified electors of the city, and if any commissioner ceases to reside within the city, his or her membership on the commission shall automatically terminate. All members shall serve without compensation, and the appointed members shall hold no other municipal office, either elective or appointive. (Ord. 264 Art. 1 §2, 1975)

2-12-030  Members; term of office. Go to the top

Commissioners shall be appointed to three-year overlapping terms of office. Commissioners shall continue to serve after the expiration date of their term of office until a successor is duly qualified and appointed by the city council. Effective November 1, 2007, terms of the members then in office shall be extended three months so that all terms expire on the 31st of March of the following year and all subsequent terms of all members shall begin on April 1st and end on March 31st. (Ord. 264 Art. 1 §3, 1975; Ord. 809 §2, 1989; Ord. 1302 §6, 1998; Ord. 1386 §1, 1998; Ord. 1882 §1, 2007)

2-12-040  Vacancies. Go to the top

Vacancies shall be filled by appointment for the remainder of the unexpired term. (Ord. 264 Art. 1 §4, 1975)

2-12-050  Organization; meetings; rules. Go to the top

The commission shall elect a chairman from among its members, whose term shall be one year, with eligibility for reelection. The commission shall meet at least once annually, at which time a chairman shall be selected. Other meetings shall be called by the chairman as often as needed to conduct official business, as identified in this chapter. The commission shall also have authority to promulgate rules and regulations, as it deems necessary, in order to carry out its stated function, so long as said rules and regulations conform to the scope and intent of this chapter. (Ord. 264 Art. 2, 1975)

2-12-060  Expenditures; coordination of staff support. Go to the top

The personnel merit commission may expend such funds as it deems necessary in carrying out its functions, as stated in this chapter. The expenditures of the commission shall be within the amounts appropriated by the city council on an annual basis, such appropriation to provide for the equipment, staff support, and space accommodations as deemed necessary by the council. Staff support as to recordkeeping, scheduling of meeting space, and provision of necessary supplies shall be coordinated and administered by the city manager or his or her designated representative. (Ord. 264 Art. 3, 1975)

2-12-070  Jurisdiction; appeal hearing authority. Go to the top

The personnel merit commission shall have jurisdiction and final authority to hear and determine appeals by any aggrieved employee who has been subject to disciplinary action of any kind, as contained within the rules and regulations of the personnel merit system. (Ord. 264 Art. 4 §1, 1975)

2-12-080  Appellate hearing authority; findings. Go to the top

The commission, in carrying out its function of conducting appellate hearings, shall have access to all city documents it deems necessary as well as the authority to compel the appearance of and to question witnesses. The commission, upon conclusion of hearings, shall issue findings of fact, and shall sustain, mitigate, or reverse the disciplinary action in question. (Ord. 264 Art. 4 §2, 1975)

2-12-090  Removal from office. Go to the top

Commissioners shall be subject to removal from office, by a majority vote of the city council, for failure to act in a manner so as to fulfill their duties as specified in this chapter. (Ord. 264 Art. 5, 1975)


Chapter 2-14

Personnel Merit System

2-14-005  Legislative declaration. Go to the top

The personnel merit system is established pursuant to the provisions of section 9.1 of the Charter. The personnel merit system does not establish or create a contract of employment, either express or implied, between the city and any employee. These rules do not grant any right of continued employment to any employee and are subject to change by the city, including changes to employee benefits and personnel practices. Any such change may apply to both present and future employees of the city. (Ord. 1948 §1, 2012)

2-14-010  Positions covered. Go to the top

All employees of the city shall be covered by this chapter except the following:

(A)  City manager.

(B)  Department heads, except the chief of police, who shall be included.

(C)  Elected officers.

(D)  Appointees of the city council.

(E)  Appointed members of boards and commissions.

(F)  Persons employed to make or conduct a special inquiry, investigation, examination, installation, or audit. (Ord. 1948 §1, 2012)

2-14-020  Definitions. Go to the top

As used in this chapter, unless the context clearly indicates or requires otherwise, certain words and terms are defined as follows:

(A)  Charter means the Home Rule Charter of the City of Broomfield.

(B)  City council means the policy-making body of the city composed of ten members, two elected from each of five wards, and a mayor elected at large from the entire city.

(C)  City manager means the city and county manager, or any designee thereof in writing, who as the appointing authority has authority to appoint, suspend, promote, demote, transfer, remove, or otherwise discipline employees of the city.

(D)  Classification plan means a list of positions supported by job descriptions.

(E)  Compensation means all forms of valuable consideration, including but not limited to salaries, wages, uniform allowance, and insurance premiums.

(F)  Confidential position means a position with access to city personnel data or financial data.

(G)  Conflict of interest means any personal, property, or pecuniary interest or any other private interest held by an individual which may directly or indirectly affect, or which may reasonably be perceived by the public as directly or indirectly affecting, judgment or actions in the conduct of public duties.

(H)  Corrective action means a written reprimand issued to an employee by a supervisor, department head or appointing authority. This term does not include a disciplinary action, transfer, change in assignment, change in working hours, or other terms and conditions of employment.

(I)  Days, unless otherwise specified, means normal business days (Monday through Friday) excluding city holidays.

(J)  Demotion means an involuntary placement of an employee from one position to another position as a result of a disciplinary action that has a lower minimum salary rate than the original position and less authority or responsibility. Demotion also means an involuntary reduction in step level within a position.

(K)  Department head means an employee, appointed by the city manager, who serves as the administrative head of a department as defined in chapter 2-60.

(L)  Disciplinary action means a suspension without pay, demotion, or dismissal. This term does not include a transfer, oral warning, written reprimand, change in assignment, change in working hours, reduction-in-force or other terms and conditions of employment.

(M) Dismissal means an involuntary separation of an employee as a result of a disciplinary action by the city.

(N)  Emergency services employee means an employee in a position designated by the department head which is subject to call-back on a twenty-four hour basis and who is employed subject to his or her ability to respond to emergency situations.

(O)  Employee means an individual paid for present services or work performed on a noncontractual and nonvoluntary basis.

(P)  Employment date means the date on which an employee commences performance of duties.

(Q)  Full-time employee means an employee who is hired to work in a continual, year-round position for a minimum of 2,080 hours in a calendar year or proportionately less for an employee hired during the calendar year.

(R)  Household means those who share living accommodations and financial, recreational, or social activities.

(S)  Human resources department means the administrative department responsible for coordinating the human resource management activities for the city, under the direction of the director of human resources.

(T)  Immediate family means the employee's lawful spouse, child, parent, sibling, sibling's children, grandparents, grandchildren, including natural, step, adopted, foster, or in-law relationships, aunt, uncle, or cousin, or any relative living in the same household as the employee. This definition also applies to a person who the employee identifies as his or her significant other or domestic partner whose primary residence or place of primary abode is the same as the employee.

(U)  Job description means the written description for a position.

(V)  Leave means an authorized absence from regularly scheduled work hours which has been approved by proper authority.

(W) Limited term appointment means an appointment to a full-time or part-time position that is approved for a limited period of time and tied to a specific need or funding source, such as grant funding, a temporary increase in workload, special projects or short-term needs.

(X)  Original appointment means the appointment of a person not previously employed by the city in a full-time or part-time position.

(Y)  Part-time employee means an employee who is hired to work in a continual, year-round position for less than 2,080 hours in a calendar year or proportionately less for an employee hired during the calendar year.

(Z)  Pay range means a minimum and maximum rate of pay for a given position and all rates in between.

(AA)  Position means a position or a group of positions which are sufficiently similar with respect to duties, responsibilities and authority that they may be designated by the same position title and compensated within the same pay range.

(BB)  Position title means the title assigned to any particular position and used for reference with regard to that position.

(CC)  Promotion means the change in an employee's duties and responsibilities in conjunction with the placement of the employee from a position to another position.

(DD)  Provisional appointment means an appointment to a full-time or part-time employee position authorized by the city manager without formal recruitment procedures as described in this chapter.

(EE)  Reclassification means the official determination by the human resources department that an employee be assigned to a different position from the one to which he or she was previously assigned.

(FF)  Reduction-in-force means separation from a position because city council has not budgeted funds for the position, other lack of funds, curtailment of work, change in operations or organizational structure, or other reasons not related to unsatisfactory work performance or violations of this chapter by an employee.

(GG)  Separation means the termination of employment.

(HH)  Separation date means the date of the employee's last day actively at work.

(II)  Suspension means an involuntary absence without pay imposed on an employee as a result of disciplinary action.

(JJ)  Temporary duty assignment means the temporary assignment of an employee from one position to another position.

(KK)  Temporary employee means an employee who is hired for a specifically limited period of time, normally not to exceed 1,560 hours (exclusive of overtime) in the same position in a calendar year.

(LL)  Terms and conditions of employment include, but are not limited to, the following: standards for examination, selection, and employment; causes for corrective or disciplinary action; duties to be included in the position; numbers and types of positions or employees assigned to a work unit, department, or project; specific assignment of duties to an employee; working hours and working schedules; assignment of overtime, on-call pay or call-back pay; amount of overtime required; working locations; and duration of temporary appointments or assignments.

(MM) Transfer means the city-initiated movement of an employee from one position to another position of the same position title.

(NN)  Written reprimand means a written corrective action issued to an employee by a supervisor, department head, or appointing authority for unsatisfactory work performance or any violation of this chapter. (Ord. 1948 §1, 2012)

2-14-030  Administration; city manager and department heads. Go to the top

(A)  The city manager shall be responsible for the effective administration of these policies and procedures and may delegate such functions as he or she deems necessary. The city manager may establish, adopt, amend, or rescind other administrative policies and procedures consistent with the applicable provisions of the Charter and ordinances, including this chapter, and resolutions.

(B)  Department heads will provide staff assistance to the city manager and the human resources department in the implementation of this chapter. Department heads may establish such rules as deemed necessary for the efficient and orderly administration of their department. All such policies and rules must be in writing, kept on file in the department, and be consistent with these rules, the city code and the Charter. The policies and rules may be maintained in an electronic format. Copies of departmental rules shall be available to all employees in that department. (Ord. 1948 §1, 2012)

2-14-040  Reserved. Go to the top

2-14-050  Classification plan. Go to the top

(A)  Composition. The following two elements are contained within the classification plan:

(1)  Listing of position titles.

(2)  Job descriptions. The job description shall include the following:

a.  General description of work. Makes a general statement of the type of work and responsibilities that characterize the position.

b.  Examples of duties. States typical tasks common to a position. The tasks are intended to provide in a general context the range of duties performed by a position. Examples are not intended as a definitive statement nor to limit the duties performed by an employee. Any single position may not perform all of the duties listed and some positions will require duties that are not listed. Examples of duties will include essential required tasks. Persons hired in a position must be able to perform the essential tasks required by the position consistent with the provisions of the Americans with Disabilities Act, as amended.

c.  Performance indicators. Identifies specific job performance requirements to measure performance criteria for job evaluation.

d.  Independence of action. Indicates the need to apply knowledge and make independent decisions as indicated by the nature of supervision or direction received; the extent to which decisions and actions are subject to review by a higher authority or are controlled by established policies and procedures; the relative variety and complexity of matters on which decisions are required; the relative frequency with which the need for decisions arises; the requirement for analytical ability and creative and original thinking; and the consequence of error.

e.  Personnel management responsibility. Considers the extent to which the incumbent is required to plan, organize, direct, review, and appraise the work of others in the organization, and perform other personnel functions such as counseling, discipline, leave approval, hiring, training, and keeping and maintaining records.

f.  Working relationships. Considers the extent and purpose of interactions of the incumbent with others not in the supervisory chain within and outside the organization in performing the work, including the importance of the subject matter, objectives of the relationships, and the level, frequency, and complexity of contacts required.

g.  Working conditions. Considers physical characteristics of the work and its environment, dexterity, and exertion required by the work, degree of risks, and discomforts or unpleasantness imposed upon the incumbent by the work environment.

h.  Necessary applicant traits. Considers the training, experience, and other qualifications an applicant needs to bring to the work in order to qualify for entry into the position. This section serves as a guide to the human resources department and the department head in developing employee selection methods and training programs. Lists specific physical and cognitive requirements for completion of essential job duties and responsibilities.

i.  Education and experience. States type and amount of experience, training, and education expected to provide adequate preparation for the duties of the position.

j.  Necessary special requirements. Specifies what licenses, certificates, or job specific skills are required for appointment to and retention of a position.

(B)  Administration and maintenance. The classification plan shall be prepared and maintained by the human resources department and is subject to final approval by the city manager.

(1)  New positions. The department head shall submit to the human resources department a written description of the duties and responsibilities of any not-previously-classified new position. The human resources department shall review the duties and responsibilities in order to assign the position to an existing job description or to prepare a new job description for the newly classified position.

(2)  Reclassification of existing positions. When the type of duties and responsibilities of an employee have changed substantially for a period of at least three months, or if the employee is in a position eligible for advancement based on pre-determined certificate requirements as noted in the job description and authorized by the department head or designee, the department head, supervisor, employee, or human resources department may initiate a request for reclassification review in a format acceptable to the human resources department. The employee may complete a reclassification request form and shall obtain other necessary information from the supervisor and department head. The human resources department may determine that:

a.  The duties and responsibilities fall within the employee's existing position;

b.  The employee's existing position should be modified to include the duties and responsibilities;

c.  The employee should be reclassified to another existing position; or

d.  The employee should be reclassified to a newly created position.

(3)  Any resulting reclassification shall be conveyed to the city manager or designee for approval, disapproval, or modification. The human resources department will then notify the employee, supervisor, and department head of its conclusions. If the employee does not agree with the results of the reclassification review, he or she may request a meeting with the city manager and human resources department.

(4)  Pay rates will be established in accordance with the provisions in section 2-14-060, subject to the appropriation of funds for this purpose. Any pay change will be retroactive to the date the reclassification request form is received by the human resources department. Time spent in a temporary duty assignment is not considered in the reclassification process.

(5)  Minimum rate of pay for new positions. When it is necessary to create a new position, the human resources department shall either:

a.  Conduct a survey of other employers to determine an appropriate minimum rate of pay for the new position; or

b.  Establish the minimum rate of pay in relationship to existing city positions. (Ord. 1948 §1, 2012)

2-14-060  Pay plan. Go to the top

(A)  Definitions. All positions shall fall within the following groups:

(1)  Group 1 shall consist of executive, supervisory, administrative, professional and other positions that qualify for exemptions from wage and overtime requirements as defined by the Fair Labor Standards Act, as amended.

(2)  Group 2 shall consist of those employees whose positions do not qualify for exemptions from wage and overtime requirements as defined by the Fair Labor Standards Act, as amended.

(B)  Composition.

(1)  Pay ranges. The ranges identified within the pay plan shall correspond to the classification plan and shall consider:

a.  Pay ranges established for other positions;

b.  Prevailing rates of pay for similar occupational categories in the market area;

c.  Changes in economic conditions;

d.  Relative difficulty and responsibility of a position; and

e.  Current financial policy and economic considerations of the city.

(2)  Pay plan amendments. The pay plan shall be reviewed and adopted by city council through the annual budget process.

(3)  Pay plan. The pay plan is composed of a list of positions expressing a minimum and maximum rate for each position.

(4)  Salary administration plan. The salary administration plan shall be reviewed and adopted by city council through the annual budget process.

(5)  Paydays. Employees are paid on a bi-weekly basis on a schedule established by the city. A pay statement may be made available either electronically or in a paper format, at the city's discretion. Annual or monthly pay rates are re-calculated to correspond to the city's bi-weekly payment schedule.

(6)  Reduction of wages.

a.  Subject to the requirements of the Fair Labor Standards Act, as amended, reduction of pay may be made for any of the following reasons:

1.  Unauthorized absence;

2.  Absence due to approved leave without pay or approved unpaid administrative leave;

3.  Absence due to suspension without pay; or

4.  Overpayments.

b.  Whenever an employee works for less than the regularly established number of hours a day, days per week, or weeks per month, the amount paid shall be based on the number of hours worked for that pay period.

c.  A change in position.

d.  It is the city's policy to comply with the salary basis requirements of the Fair Labor Standards Act, as amended. The city will not intentionally make improper reductions of pay from the salaries of employees not permitted under the Fair Labor Standards Act, as amended. If an employee believes that an improper reduction of pay has been made to his or her salary, he or she should report this information to the human resources department. Reports of improper reductions of pay will be investigated. If it is determined that an improper reduction of pay has occurred, the employee will be reimbursed. Furthermore, if the city makes an overpayment, the city will set up a repayment schedule.

(7)  Pay at death. Upon the death of an employee, any pay due to the employee will be paid to the employee's surviving lawful spouse. If the employee has no surviving lawful spouse, any pay due to the employee will be paid to the employee's estate.

(8)  Erroneous payments. If the city makes any payment that, according to the terms of the city's policies, the pay plan or the benefits provided thereafter, should not have been made, the city may recover the incorrect payment by whatever means necessary, whether or not it was made due to the error of city staff, the employee, or any other appropriate party.

(C)  Pay rates.

(1)  The minimum rate of pay for a position shall normally be paid for appointment to that position. Appointment above the minimum rate may be made for justifiable reasons as recommended by the department head and approved by the city manager, or a designee thereof.

(2)  Pay rates for a provisional appointment shall be established by the city manager, or a designee thereof.

(3)  When an employee is demoted, his or her rate of pay shall be within the pay range of the position to which demoted. The exact rate shall be recommended by the department head and approved by the city manager, or a designee thereof.

(4)  When an employee is transferred, rate of pay shall not be changed.

(5)  When an employee's position is reclassified, the employee's rate of pay shall be within the pay range of the position to which reclassified. The exact rate shall be recommended by the department head and approved by the city manager, or a designee thereof.

(6)  Upon the promotion of an employee, the employee's rate of pay will be set within the pay range of the position to which the employee is promoted.

The employee's rate of pay upon promotion shall be recommended by the employee's department head and approved by the city manager, or a designee thereof.

(D)  Pay increases.

(1)  Employees may receive pay increases as a result of the following:

a.  Annual performance evaluation;

b.  Merit bonus;

c.  Certification programs;

d.  Reclassification;

e.  Salary adjustment; or

f.  Promotion.

(2)  Prior to the effective date of any pay increase for an annual performance evaluation, a completed performance evaluation form must be submitted to the human resources department. A department head, with the approval of the city manager, or designee thereof, may defer a pay increase pending performance improvement.

(E)  On-call and call-back pay.

(1)  On-call pay. Group 2 employees shall be compensated for on-call pay in accordance with the Fair Labor Standards Act, as amended. On-call pay must be approved by the employee's supervisor in advance.

(2)  Call-back pay. Group 2 employees shall be compensated for call-back pay in accordance with the Fair Labor Standards Act, as amended. Call-back pay is in addition to any applicable on-call pay.

(F)  Attendance, hours of work, work assignments, and schedules.

(1)  Attendance.

a.  General. Employees are to be in attendance and on time at their work station as scheduled by the department. All departments shall submit accurate timesheets to the party responsible for payroll processing.

b.  Hazardous conditions. If city offices or facilities are closed by order of the city manager (as confirmed by the employee's supervisor), those employees designated as "emergency services employees" by their department head will be required to work as scheduled. Nonemergency services employees will not work unless they have made arrangements with their supervisor.

(2)  Hours of work, work assignments and schedules.

a.  All employees have a work period that complies with the Fair Labor Standards Act, as amended. The normal work schedule may vary with departments based on business reasons set by the appointing authority.

b.  Supervisors are responsible for scheduling work assignments. The appointing authority or his or her designee may change work assignments or schedules at any time.

(G)  Overtime (Applicable to Group 2 employees only).

(1)  General. At the discretion of the department head, city manager, or other supervisory personnel, reasonable overtime may be required of employees. Overtime work by any employee of the city must be authorized in advance by the employee's department head, or designee thereof. Compensated days off, such as paid holidays, sick and injury leave, vacation leave, and the like, will be considered as work days for purposes of computing overtime.

(2)  For purposes of computing overtime pay under the Fair Labor Standards Act (FLSA), as amended, the work period for all non-exempt and non-law enforcement, employees is designated as a forty-hour period during the seven days beginning at 12:01 a.m. on Wednesday through midnight of the following Tuesday. Hours worked in excess of forty during this seven-day period shall be considered overtime. The work period for determining overtime for law enforcement employees shall be fourteen-day periods beginning at 12:01 a.m. on the first day of the pay period. Hours worked in excess of eighty during the applicable fourteen-day period shall be considered overtime.

(3)  Overtime compensation. An employee of the city who is subject to the overtime provisions of the Fair Labor Standards Act, as amended, will be paid in accordance with such act at a rate equal to one and one-half times the employee's regular hourly rate of pay.

(4)  Compensatory time. Pursuant to the provisions of the Fair Labor Standards Act, as amended, an employee may receive compensatory time in lieu of pay for overtime work at a rate equal to one and one-half hours for each hour of work for which overtime pay is required. An employee may not, however, have a balance of more than forty hours of compensatory time at any given time.

a.  An employee who terminates employment with the city for any reason is to be paid for any accrued and unused compensatory time at the hourly rate of pay as determined by the applicable provisions of the Fair Labor Standards Act, as amended.

b.  An employee has the right to request the use of accrued compensatory time within a reasonable period following the employee's request to take time off unless the employee's absence would be unduly disruptive to the operations of the city at that time. An employee's department head, or designee thereof, may require an employee to use accrued and unused compensatory time at times designated by the department head or a designee thereof.

(H)  Leave policies. Leave policies are described in the employee handbook. The employee handbook does not and is not intended to create a contract between the city and any employee, or to grant a right to any employee to be continued in the employment of the city, or to limit the right of the city to discharge its employees consistent with this chapter. The employee handbook is subject to change by the city at any time, including changes to benefits provided and to personnel practices, and the changes may apply to then current as well as future employees. (Ord. 1948 §1, 2012)

2-14-070  Transfer. Go to the top

(A)  A department head, with the approval of the human resources department, may transfer an employee from one position to another position of the same class within the department.

(B)  It shall not be necessary to post job announcements, advertise position openings, or conduct examinations for positions filled through transfer of current city employees.

(C)  Information regarding pay rates is in section 2-14-060. (Ord. 1948 §1, 2012)

2-14-080  Recruitment. Go to the top

(A)  Personnel requisition form. Upon receipt of an approved personnel requisition form, the human resources department shall initiate actions to fill a vacancy.

(B)  Recruitment levels. Recruitment to fill vacant positions will be processed by the human resources department, as deemed appropriate by the human resources department and the respective department.

(C)  Consideration may be limited to city employees. The human resources department may consider limiting a posting to city employees on a departmental or city-wide basis when the human resources department determines there are a sufficient number of qualified candidates within the existing employee workforce.

(D)  Job announcements and advertisements.

(1)  Job announcements shall be posted in appropriate locations to inform interested persons of the opportunity to apply. Each announcement shall be posted a minimum of five calendar days and shall contain: title and minimum rate of pay for the position; how to apply; closing date for application; general informative statement of the nature of the position or work; and minimum qualifications, including education, training, experience, and necessary special qualifications.

(2)  When published advertising is necessary, such advertisements shall be published using Internet bulletin boards, employment websites or in at least one newspaper of local circulation and may include the title, minimum rate of pay, place, and closing date for application, if applicable.

(3)  As deemed appropriate by the human resources department and the respective department, a job announcement is not required to fill a vacant position when considering:

a.  Qualified applicants from a certified eligibility list; or

b.  Former city employees who resigned within the past twelve months from the same position as the vacant position and who have a satisfactory employment record with the city.

(E)  Application.

(1)  All applicants shall be required to complete the application form and provide such other information as may be designated by the human resources department. The application form shall be used to collect information related to the applicant's suitability for employment.

(2)  Any person who misrepresents, falsifies, or omits information on an application form or resume may be eliminated from further consideration for employment by the city. If such misrepresentation, falsification, or omission is discovered by the city after the person is employed, such employee may be subject to disciplinary action.

(3)  Applicants must notify the human resources department of any change in contact information or other matters on their application.

(4)  Any applicant who does not submit an application by the closing date will be eliminated from further consideration for employment by the city for that particular recruitment action.

(F)  Applicant eligibility. Eligibility shall be determined by the human resources department. To be eligible, an applicant must meet the criteria of this section:

(1)  Qualification. An applicant must meet all qualifications set out in the classification plan and the job announcement.

(2)  Disqualification. An applicant may be disqualified for reasons, including but not limited to the following:

a.  A record of unsatisfactory employment;

b.  Been adjudged guilty of or admitting to have committed a crime or infraction which would relate to his or her fitness to perform the duties of the position;

c.  Made false statements of any material fact or practiced or attempted to practice deception or fraud in the application or examination process;

d.  Missed or failed an examination provided for in section 2-14-090;

e.  Failed to respond within three work days to any inquiry or request of the human resources department; or

f.  Failed to report for duty when directed.

(G)  Appointment of immediate family members. Relatives of city employees and elected officials. This section applies to the appointment, transfer, promotion or demotion of immediate family members of city employees and elected officials.

(1)  No person shall be appointed, transferred, promoted or demoted to a position which would result in:

a.  Being supervised, either directly or indirectly, by an immediate family member. Direct supervision means supervision by the employee's immediate supervisor or lead worker. Indirect supervision means the supervisor's authority or supervision within the same division.

b.  Supervising, either directly or indirectly, an immediate family member. Direct supervision means supervision by the employee's immediate supervisor or lead worker. Indirect supervision means the supervisor's authority or supervision within the same division.

c.  Working in the same work unit or working together on the same shift with an immediate family member. The only exception to this provision is employees appointed to temporary positions where there are no actual or possible conflicts of interest.

d.  Being employed in a position in which he or she would audit, verify, receive, or be entrusted with money received or handled by the other immediate family member, unless audit procedures or security measures are in place to ensure system integrity and fraud prevention.

e.  Having access to or the authority to make changes to an immediate family member's confidential information, including payroll and personnel records, unless audit procedures or security measures are in place to ensure system integrity or fraud prevention.

(2)  No immediate family member of the city manager, city attorney, municipal judge, deputy city manager, assistant city manager, director of human resources or the director of finance shall be employed, retained or hired by the city in any capacity. No immediate family member of any other department head or a division head designated as an appointing authority shall be employed, retained or hired within that department head's or division head's department or division.

(3)  No immediate family member of an elected official shall be employed, retained or hired by the city except as a temporary employee.

(4)  In the event two employees are in positions of direct or indirect supervision through any departmental chain of command and become immediate family members, the department head or appointing authority may transfer one of the employees to another position if it is determined that such transfer will serve the best interests of the city and if a vacant position is available for which one of the employees is qualified. If the vacant position is at a higher level than the position currently occupied, then the employee must follow the recruitment procedures outlined in sections 2-14-080 through 2-14-100. If the department head or appointing authority is unable to transfer one of the employees, based on an assessment of the best interests of the city, one of the employees will be terminated. The department head or appointing authority shall decide which employee will be terminated on the basis of what is in the best interest of the city. The application of this section will apply prospectively; therefore, current employees in assignments which conflict with this section are exempt from its application in their current positions. If an employee seeks an appointment to another position, the new appointment cannot put the employee in a position that violates the prohibitions in 2-14-080(G)(1).

(5)  Employees are required to notify the department head or appointing authority when a change in a relationship occurs such that the employee would be considered an immediate family member of another employee.

(6)  Supervisors and managers may, under emergency, short-term, or intermittent circumstances, and while acting under the authority of their position and with authorization from the appointing authority, direct the actions of their immediate family member to conduct lawful and necessary activities related only to emergency, short-term, or intermittent circumstances. (Ord. 1948 §1, 2012)

2-14-090  Examinations. Go to the top

(A)  General. Pre-employment and employment examinations may consist of written, oral, medical, physical, psychological, performance criteria, background investigation, fingerprinting, agility assessment, skill assessment, polygraph examination or computer voice stress analyzer, drug test, assessment center evaluation, fit-for-duty assessment or any combination thereof as determined by the human resources department and the appointing authority consistent with applicable law. If required, medical and psychological examinations shall be conducted by a medical or psychological professional appointed by the city. The costs of standard pre-employment examinations will be paid by the city.

(B)  Notification of results.

(1)  Each applicant will be notified by the human resources department of the status of his or her application using the email address provided on the application or similar contact information.

(2)  An employee will be notified by the human resources department of the status of any employment examinations. (Ord. 1948 §1, 2012)

2-14-100  Appointment. Go to the top

(A)  Appointing authority. Subject to the written approval of the city manager, the head of each city department shall have appointing authority for employees of that department. For any department head position covered by this chapter, the city manager is the appointing authority. The appointing authority may be delegated by the city manager in writing.

(B)  Types of appointment. Appointments to city employment shall be made within one of the following categories:

(1)  Full-time. Full-time appointments require recruitment, examination, and selection procedures as set forth in sections 2-14-080 through 2-14-100.

(2)  Part-time. Part-time appointments require recruitment, examination, and selection procedures as set forth in sections 2-14-080 through 2-14-100.

a.  Limitation on hours worked. A part-time employee may not be paid for more than 1,664 hours in a twenty-six-pay-period year, or 1,728 hours in a twenty-seven-pay-period year, (or proportionately less hours if hired for a period of less than twelve months in the calendar year) without approval of the city manager.

b.  A part-time employee who does not work on a regularly scheduled basis may be appointed to temporary employee status at any time, provided that an appointment shall not otherwise violate any state or federal law.

(3)  Temporary appointments.

a.  Appointments to temporary employee positions do not require recruitment, examination, and selection procedures as set forth in sections 2-14-080 through 2-14-100 of this chapter. In filling vacancies for temporary positions, the human resources department will coordinate the recruitment procedures with the department head, or designee thereof.

b.  A temporary employee may not work more than 1,560 hours (exclusive of overtime) in the same position in a calendar year without approval of the city manager.

(4)  Provisional. Provisional appointments do not require recruitment, examination, and selection procedures as set forth in sections 2-14-080 through 2-14-100. Provisional appointments must be authorized by the city manager or designee, after considering the recommendation of the human resources department. A provisional appointment may be authorized to:

a.  Fill the position of an employee on extended leave;

b.  Prevent undue delay or serious interference with the provision of necessary public services;

c.  Employ a student through a cooperative education or work-study program;

d.  Provide a position to an employee who would otherwise be laid off;

e.  Appoint an employee from one position to a comparably-paid or lower-level position as long as the appointment is voluntary and is approved by the appointing authority; or

f.  Appoint an employee to an acting or interim position not to exceed ninety days unless re-authorized by the city manager or designee.

(5)  Limited term. Limited term appointments for full-time and part-time positions require recruitment, examination and selections procedures as set forth in sections 2-14-080 through 2-14-100.

(C)  Eligibility lists.

(1)  After the examinations, including promotional examinations, for a vacant position are completed, the human resources department will establish an eligibility list of those persons qualified for consideration for appointment to the vacant position.

(2)  An eligibility list will be active for not less than sixty days nor for more than one year, as determined by the human resources department. Any eligibility list may be terminated by the human resources department after one-half of those on the list have either been employed by the city or otherwise eliminated from consideration for employment by the city. Except as otherwise provided in this chapter, any person not on an active eligibility list shall not be appointed to any vacant position in the city.

(3)  The appointing authority may appoint any person from an eligibility list certified by the human resources department.

(4)  It is the responsibility of a person on an eligibility list to notify the human resources department of any changes in contact information or other matters on his or her application.

(5)  The name of any person on an eligibility list may be removed by the human resources department if the person requests in writing that his or her name be removed or if such person cannot otherwise be located by the human resources department. The name of a person on an eligibility list may be removed if the person has either waived or refused appointment twice to the same position.

(D)  Citizen's preference. In cases where residents of the city are eligible and as qualified as non-city applicants, such city residents shall be hired, provided that an appointment of such resident shall not otherwise violate any state or federal law.

(E)  Veteran's preference. Veteran's preference will be provided to applicants in accordance with applicable law. (Ord. 1948 §1, 2012)

2-14-110  Reserved. Go to the top

2-14-120  Reserved. Go to the top

2-14-130  Performance evaluation. Go to the top

The human resources department, under the direction of the city manager and in cooperation with department heads, shall establish a performance evaluation system for rating employees at least annually. In addition to the annual performance evaluation, a supervisor, department head or appointing authority may complete an interim performance evaluation on an employee at any time.

(A)  Performance evaluation forms. Using the job description as a basis, the department head and human resources department will develop a form for evaluating employee performance. A copy of the form shall be made available in written or electronic format.

(B)  Rating by supervisor. The current supervisor shall request preliminary written input from the employee. Each immediate supervisor for the period being evaluated shall then complete the designated form to evaluate the employee's performance. The second-line supervisor and department head, if required, shall review and approve the performance evaluation prior to presentation to the employee.

(C)  Performance evaluation review. The supervisor shall then review the written performance evaluation with the employee. At the conclusion of this review, the performance evaluation form should be signed by the supervisor and employee and a copy provided to the employee upon request.

(D)  Employee's response. The employee may write any comments or concerns regarding the performance evaluation on the performance evaluation form or on additional pages as necessary. The performance evaluation form and any employee response shall be forwarded to the human resources department.

(E)  Files. Performance evaluation forms and the employee's response will become part of the employee's personnel file.

(F)  Continued suitability. To ensure continued suitability for employment, a department head may require any of the examinations referred to in subsection 2-14-090(A).

(G)  Step plan evaluations. Police department employees covered under the police compensation step plan shall receive their performance evaluations on their designated anniversary date. (Ord. 1948 §1, 2012)

2-14-140  Conduct. Go to the top

(A)  General. City employees are prohibited from engaging in any conduct which could reflect unfavorably upon the city. Employees must adhere to the highest levels of ethical conduct so that the public will have confidence that persons in positions of public responsibility are acting for the benefit of the public. Employees must avoid any action which might result in or create the impression of using public office for private gain, giving preferential treatment to any person, or losing impartiality in conducting city business. For purposes of this section, employees shall also include the city and county manager, assistant and deputy managers, the city and county attorney, assistant and deputy attorneys, and department heads as defined in chapter 2-60.

(B)  Activities. Certain activities, by virtue of their relationship to city service or to the unique characteristics of municipal activity, must be regulated or restricted. Violation of these regulations and restrictions shall be cause for corrective or disciplinary action. These regulations and restrictions are:

(1)  Receipt of gifts. A city employee is prohibited from soliciting or accepting any gift, gratuity, favor, entertainment, loan, or any item of monetary value from any person who has or is seeking to obtain business with the city, or from any person within or outside city employment whose interests may be affected by the employee's performance or nonperformance of official duties.

a.  A gift shall include, without limitation, a loan at a rate of interest that is substantially lower than the commercial rate then currently prevalent for similar loans, and compensation received for private services rendered at a rate substantially exceeding the fair market value of such services.

b.  A gift shall not include:

1.  An unsolicited, occasional nonpecuniary gift that is insignificant in value;

2.  An unsolicited token or award of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;

3.  Unsolicited informational material, publications, or subscriptions related to the employee's performance of official duties;

4.  Admissions to and the cost of food or beverages consumed at a reception, meal or meeting attended by the employee while conducting city business, unless otherwise prohibited by departmental policies;

5.  Nonpecuniary awards that are publicly presented by an organization in recognition of public service if the award is not extraordinary when viewed in light of the position held by the employee;

6.  Unsolicited items of de minimis value. Items of de minimis value means items or service with a value of $25.00 or less, such as tee shirts, pens, calendars, books, flowers or other similar items; and

7.  Items which are similarly available to the general public on the same terms and conditions.

(2)  Outside employment. If the city manager determines that any employee's outside employment interferes with performance of duties or results in a conflict of interest, he or she may order it terminated. A full-time employee must obtain prior written approval of the department head and the city manager for outside employment.

(3)  Private gain. No employee shall use his or her official position for private gain or for the private gain of his or her immediate family members, for any business entity with which he or she is affiliated, or for any person or entity with whom the employee is negotiating or has any arrangement concerning prospective employment.

(4)  Privileged information. City employees who are involved with plans, programs, or information of significant public interest may not use this privileged information for personal gain nor to benefit family, friends, or acquaintances. Each employee is charged with the responsibility of ensuring that only information that should be made available to the general public is released.

(5)  Outside interest. If an employee has an outside interest which could be affected by any city plan or activity, this situation must be reported to the employee's supervisor and department head immediately.

a.  An outside interest which requires disclosure includes:

1.  Has a substantial interest in any transaction with the city;

2.  Has immediate family members with a substantial interest in any transaction with the city;

3.  Has a substantial interest as an affiliate of a firm with a substantial interest in any transaction with the city.

b.  The employee, in his or her official capacity, shall thereafter:

1.  Refrain from acting in such transaction;

2.  Physically absent himself or herself from the room in which the matter is being considered; and

3.  Not discuss the matter with any other employee, member of the city council, board, authority, or commission who may have authority over this matter.

(6)  Political activity. Employees are free, on their own time and away from any office of the city, to participate in all federal, state, county, and municipal campaigns and to openly express their views and support for candidates. Employees shall refrain from any political activities which give the appearance that they are endorsed by the city or which interfere with the performance of their normal duties. Any employee whose position is funded by a federal program or monies shall be subject to the provisions of 5 U.S.C. § 1501, et seq., as amended, commonly known as the Hatch Act. Employees may seek city municipal office, provided that they resign their position with the city at the time of taking office. (Ord. 1948 §1, 2012)

2-14-150  Drugs and alcohol. Go to the top

(A)  The city is a drug-free workplace, as required by the Drug-Free Workplace Act of 1998.

(B)  The following activities are prohibited and any violation will result in disciplinary action as described in section 2-14-200:

(1)  Unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace or while off-duty.

(2)  The use of any not medically prescribed controlled substances whether on or off the job, and on-the-job impairment by alcohol, regardless of the sources of the alcohol.

(3)  Exceeding the recommended dosage for over-the-counter drugs or the dosage prescribed by a medical doctor for prescription drugs resulting in impairment on the job.

(C)  An employee who is tested for controlled substances pursuant to city policies, and who tests positive in any degree for a not medically prescribed controlled substance, is subject to disciplinary action as described in section 2-14-200.

(D)  Reasonable suspicion testing. Upon forming a reasonable suspicion, the city manager or any appointing authority or designee thereof is authorized to order an employee to submit to a test for controlled substances or for alcohol or for both controlled substances and alcohol at city expense and at a laboratory selected by the city.

(E)  Upon order of the city manager or any appointing authority or designee thereof to submit to a test for controlled substances or for alcohol or for both controlled substances and alcohol, any employee refusing to submit to such test or consent to such test or consent to the release of the results of such test to the city is subject to disciplinary action.

(F)  For purposes of this section, alcohol means 190-proof ethyl alcohol or any fermented beverage, as defined in the Colorado Beer Code, or alcoholic liquors, as defined in the Colorado Liquor Code.

(G)  Any employee who is tested as having four-hundredths or more grams of alcohol per 100 milliliters of urine, per 100 millimeters of blood, or per 210 liters of breath, will be deemed impaired by alcohol.

(H)  For purposes of this section, controlled substances means any drug or other substance or immediate precursor that is declared to be a controlled substance by the Colorado Controlled Substances Act and defined in Section 12-22-303, C.R.S.

(I)  Any employee or applicant testing positive for a controlled substance will be deemed to have illegally used a controlled substance.

(J)  Employees whose positions require the possession of a commercial driver's license are subject to drug and alcohol testing and other requirements as mandated by federal law. These employees are subject to administrative policies as promulgated by the human resources department.

(K)  The human resources department will establish administrative policies to support this section. (Ord. 1948 §1, 2012)

2-14-160  Causes for corrective or disciplinary action. Go to the top

Causes for corrective or disciplinary action shall include, but shall not be limited to, the following:

(A)  Failure to adequately perform the duties of the job;

(B)  Failure to demonstrate behavior consistent with the city's mission statement and guiding values;

(C)  Failure to establish or maintain effective, productive working relationships with employees, supervisors, department heads, elected officials, other public agencies, contractors, developers, or the public;

(D)  Insubordination, including failure or refusal to comply with an instruction, order, or direction of a supervisor unless such instruction, order, or direction is illegal or injurious to the employee's or general public's health and welfare;

(E)  Unauthorized absenteeism or unauthorized tardiness;

(F)  Leaving assigned work area without prior authorization by a supervisor;

(G)  Violation of any ordinance, resolution, the Charter, or personnel or departmental policy, procedure, rule, regulation, order, or code of professional ethics;

(H)  Conviction of or admitting to violating any local, state, or federal law which renders the employee unfit to perform his or her job, or brings disrepute upon or compromises the integrity of the city;

(I)  Failing to report any misdemeanor conviction which renders the employee unfit to perform his or her job or any felony conviction, within five days of the conviction;

(J)  Failing to disclose any current misdemeanor or felony charges which could render the employee unfit to perform his or her job if convicted;

(K)  Misrepresenting, falsifying, or a material omission of information in an application form, employment/benefit record, time report, internal investigation, statement or other city report or record, verbally or in writing;

(L)  Engaging in offensive, discourteous, threatening, or abusive behavior, including physical or verbal altercations and related misconduct in the workplace;

(M) Engaging in any activity that interferes with another employee's performance on the job;

(N)  Unauthorized disclosure or accessing of confidential or privileged information gained through employment with the city;

(O)  Unauthorized destruction or unauthorized use/access of city records, reports or other data;

(P)  Taking property without permission, theft of property or money belonging to the city or to an employee of the city or to any other person or organization;

(Q)  Negligent or careless behavior resulting in damage, destruction or unauthorized alteration of city property, including but not limited to tools, vehicles, equipment, clothing allotment, etc.;

(R)  Unauthorized use or misuse of city facilities, property, equipment, or vehicles;

(S)  Deliberate or careless conduct endangering the health or safety of any person;

(T)  Violating a safety rule or practice;

(U)  Sleeping on duty, unless previously approved by a supervisor for health or safety reasons;

(V)  Violating the city's substance abuse policy, which prohibits employees from the manufacture, possession, use, distribution, or purchase of non-prescribed drugs and intoxicants on city premises and from working under the influence of alcohol, illegal drugs, or intoxicants during working hours;

(W) Failing to report any conviction, within five days of the conviction, for a violation of any federal or state drug statute that occurred in the workplace;

(X)  Refusing to submit or consent to a test for alcohol or controlled substances, or to consent to the release of the results of any such test as prescribed in section 2-14-150;

(Y)  Violating the city's smoking/use of tobacco products/e-cigarette policy;

(Z)  Violating the provisions of section 2-14-140;

(AA)  Inducing or attempting to induce any employee in the service of the city to commit an unlawful act or to act in violation of any ordinance, resolution, statute, the Charter, or personnel or departmental policy, procedure, rule, regulation, order, or code of professional ethics;

(BB)  Failure to report (where known or reasonably suspected) violations of any ordinance, resolution, statute, the Charter, personnel or departmental policy, procedure, rule, regulation, order, or code of professional ethics by another city employee during working hours;

(CC)  Failure of any employee to report any conduct by a city employee which may constitute a conflict of interest;

(DD)  Using threats, or attempting to use personal or political influence, in an effort to secure special consideration as a city employee;

(EE)  Violating the provisions of section 2-14-340. (Ord. 1948 §1, 2012)

2-14-170  Status during/pending investigation, hearing or trial. Go to the top

(A)  During the investigation, hearing, or trial of an employee for any violation of city policies or civil or criminal charges or pending any hearing or investigation scheduled pursuant to this chapter, an employee may be relieved of duties and placed on paid administrative leave by the appointing authority or city manager for a period of time authorized by the city manager. The employee shall be advised of the reasons for being placed on paid administrative leave.

(B)  Notwithstanding anything noted in (A) above, any employee who is charged or indicted for a felony may be immediately placed on unpaid administrative leave from his or her position by the appointing authority with approval from the city manager or designee thereof if such employee occupies a position of public trust and public visibility or if the felony relates to the performance of the employee's official duties. If an employee is placed on unpaid administrative leave in these circumstances, the following will occur:

(1)  The employee's appointing authority will provide the employee with a written notice describing the reason or reasons for being placed on unpaid administrative leave and the evidence in support thereof.

(2)  The appointing authority shall schedule a meeting within ten days from the effective date of unpaid administrative leave to allow the employee the opportunity to be heard and respond to the reason or reasons for the unpaid status.

(3)  Within ten days after the meeting, the employee will be advised of the decision referenced in paragraph (B)(2) above, in writing, by the appointing authority. An employee may be placed on unpaid administrative leave under this section by the appointing authority with approval from the city manager or designee thereof. This notice shall be given to the human resources department for inclusion in the employee's personnel file. (Ord. 1948 §1, 2012)

2-14-180  Corrective actions. Go to the top

(A)  Corrective action. A supervisor, department head, or appointing authority may issue to an employee under his or her supervision a written reprimand for unsatisfactory work performance or any violation of this chapter. The employee issued a written reprimand shall acknowledge receipt of it by signing and dating a copy which shall be placed in the employee's personnel file. If the employee refuses to sign the document, the supervisor will note on the form the employee's refusal to sign the document and will provide a copy to the employee. The written reprimand is not a demotion, suspension, or dismissal of the employee, nor shall such action affect the employee's pay, classification, or benefits, but it may be considered in any subsequent disciplinary action taken under this section.

(B)  Records. The original signed written corrective action notice shall be given to the human resources department for inclusion in the employee's personnel file. (Ord. 1948 §1, 2012)

2-14-190  Employee grievance procedure; policy. Go to the top

(A)  Grievances may be processed for any dispute regarding the meaning, interpretation, or application of this chapter except for sections 2-14-200 and 2-14-210, any personnel-related provisions of the Charter, or allegations of unsatisfactory work performance or a violation of the terms and provisions of this chapter for which a corrective action is imposed as provided in section 2-14-180.

(B)  A grievance means a misunderstanding or disagreement between an employee and the city that arises out of the belief on the part of the employee that the provisions of this chapter or of the Charter have not been followed by the city, or that the employee has been wrongfully reprimanded. A grievance does not include matters which are of a policy nature such as matters concerning rate of pay or benefits, terms, and conditions of employment and matters involving individual employee performance evaluations. A grievance does not include any matter pertaining to or arising from any disciplinary action involving suspension, demotion, or dismissal, as set forth in section 2-14-200.

(C)  Definitions.

(1)  For the purposes of section 2-14-190 only, the term department head shall include a designee, in writing, who shall have authority to act on the department head's behalf.

(2)  For the purposes of section 2-14-190 only, the term city manager shall include a designee selected by the city manager, in writing, who shall have authority to act on the city manager's behalf.

(D)  Contents. A grievance shall be prepared by the employee on forms provided by the human resources department and shall include:

(1)  A brief statement of the grievance;

(2)  The date on which the matter complained of occurred;

(3)  The specific provisions or sections of this chapter or Charter allegedly misapplied or misinterpreted;

(4)  The action requested by the aggrieved employee; and

(5)  The signature of the employee.

Grievances which are not submitted on the designated forms shall not be considered. Only the contents of the grievance as originally submitted to the human resources department will be considered for further review.

(E)  Grievance steps.

(1)  Discussion with supervisor. Any employee who feels he or she has a grievance should discuss the matter with his or her immediate supervisor. Such discussion should occur promptly upon the occurrence of facts or circumstances giving rise to a grievance.

(2)  Department head meeting. If an employee's grievance is not resolved through an informal discussion with the immediate supervisor, the employee may obtain further review of the matter from the department head. Such review is initiated by submitting Form A provided by the human resources department to the human resources department within ten days after the employee knows, or reasonably should have known, of the event upon which the grievance is based. The human resources department will submit copies of the grievance to the department head. The department head shall, after affording the employee an opportunity to comment, issue a decision.

(3)  Within ten days after submittal of the grievance to the department head, a written decision shall be rendered on Form B provided by the human resources department. The employee must pick up the decision in the human resources department. The human resources department will advise the employee if the decision is available prior to the ten-day decision-making period.

(4)  City manager review.

a.  An employee who is dissatisfied with the decision of the department head may obtain further review of the matter from the city manager. Such review is initiated by submitting Form C provided by the human resources department to the human resources department within ten days after receipt of the written decision of the department head or the conclusion of the department head's ten-day decision-making period, whichever occurs first. The human resources department will submit copies of the grievance to the city manager. The city manager shall investigate the matter and issue a decision. The investigation may consist, at the option of the city manager, of a review of the written documents, individual conferences with affected people, or meeting with the aggrieved employee and appropriate representatives of the city.

b.  Within twenty days after submittal of the grievance to the city manager, a written decision shall be rendered on Form D provided by the human resources department. The employee must pick up the decision in the human resources department. The human resources department will advise the employee if the decision is available prior to the twenty-day decision-making period. The decision of the city manager shall be final.

(5)  General provisions.

a.  Extension of time. The time limits set forth in this section may be extended only by written agreement of the parties.

b.  Time limits. Failure on the part of the city to reply to a grievance at any step of the grievance procedure within the specified time limit shall be considered a denial of the grievance, and the employee may seek review at the next step of the grievance procedure within the time limits provided on the same basis as if a formal denial had been rendered on the last day allowed for the city to reply. In the event the employee does not seek review from one step to another within the time limits specified, the grievance shall be considered as settled on the basis of the city's last answer.

c.  Loss of time or pay. An employee shall lose no pay while actually presenting or testifying in a grievance procedure. Overtime pay in connection with any grievance must be approved by the department head.

d.  Formal hearing not required. No provisions of these procedures should be read or interpreted as requiring or providing, as a matter of rights, for a formal hearing as a part of these procedures.

e.  Limitation of relief. An employee's relief under this section shall be limited to pay or benefits the employee otherwise would have earned.

f.  Exhaustion of procedure required. Complete exhaustion of this procedure is required before commencing any legal action alleging a violation or misapplication of these procedures. (Ord. 1948 §1, 2012)

2-14-200  Disciplinary actions. Go to the top

(A)  Types of disciplinary action. There are the following types of disciplinary action:

(1)  Suspension;

(2)  Demotion; and

(3)  Dismissal.

(B)  In recommending the appropriate disciplinary action, the supervisor may consider the severity of the violation, the employee's prior corrective or disciplinary action records, or applicable mitigating factors. However, the selection of a particular action is within the discretion of the person recommending the disciplinary action, except that Group 1 employees may only be suspended in conformance with the Fair Labor Standards Act, as amended.

(C)  Pre-disciplinary meeting. Before an employee is suspended, demoted, or dismissed, the employee's supervisor will provide the employee with a written notice describing the reason or reasons for the proposed suspension, demotion, or dismissal, and the evidence in support thereof. Prior to the effective date of such proposed suspension, demotion, or dismissal, the appointing authority shall provide the employee with an opportunity to be heard and respond to the reason or reasons for such proposed suspension, demotion, or dismissal.

(D)  Written decision of disciplinary action. Within thirty calendar days after the pre-disciplinary meeting, the employee will be advised of the decision, in writing, by the appointing authority. The time limits set forth in this section may be extended only by written agreement of the parties.

(E)  Who may take disciplinary action. An employee may be suspended, demoted for disciplinary cause, or dismissed only by his or her appointing authority.

(F)  Records. The original signed written suspension, demotion, or dismissal decision notice shall be given to the human resources department for inclusion in the employee's personnel file. (Ord. 1948 §1, 2012)

2-14-210  Appeal of a disciplinary action. Go to the top

(A)  Personnel merit commission hearing. An employee may appeal a disciplinary action to the personnel merit commission. The appeal shall be in writing and filed on the appropriate form with the human resources department within ten days of the date the city gives notice of the disciplinary action. The human resources department will submit copies of the appeal to the personnel merit commission within five days from the receipt of the appeal.

(1)  Hearing. Within thirty calendar days of the filing date of the appeal, the personnel merit commission shall conduct a hearing on the appeal or rule that a hearing is to be denied for lack of jurisdiction.

(2)  Notice of hearing. When a hearing is scheduled, the personnel merit commission shall cause written notice of said hearing to be sent to all involved parties, including but not limited to the employee, any attorney or representative of the employee, the appointing authority imposing the discipline, and the city manager. Said written notice shall include the following: time, date, and location of the hearing, name of appellant, and purpose of the hearing, including the disciplinary action imposed and the relief requested by the appellant.

(3)  Conduct of hearing. Hearings conducted by the personnel merit commission are subject to the Colorado Open Meetings Law. Hearings shall be conducted in accordance with the personnel merit commission's rules and regulations and shall be consistent with and in compliance with the following:

a.  In conducting a hearing, the proceedings shall be as informal as is compatible with the requirements of justice.

b.  An employee is entitled to counsel or representation of his or her own choosing at the employee's expense. All parties, through the authority of the commission, shall have the right to have subpoenas issued. The party requesting the issuance of a subpoena shall be responsible for service in accordance with the law and for the mileage and fees of the witnesses.

c.  The commission shall cause to be taken, kept, and maintained a complete and accurate record of the proceedings of all hearings.

d.  The city shall have the burden of proof by any competent evidence for the imposition of a disciplinary action against an employee. Every party to the proceeding shall have the right to present his or her case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Subject to these rights and requirements, where a hearing will be expedited and the interests of the parties will not be substantially prejudiced thereby, the personnel merit commission may receive all or part of the evidence in written form. The rules of evidence and requirements of proof shall conform, to the extent practicable, with those in civil nonjury cases in the district courts. However, when necessary to do so in order to ascertain facts affecting the substantial rights of the parties to the proceeding, the personnel merit commission may receive and consider evidence not admissible under such rules if such evidence possesses probative value commonly accepted by reasonable and prudent people in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted in the record. The personnel merit commission shall give effect to the rules of privilege recognized by law and may exclude incompetent and unduly repetitious evidence. Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available; but, upon request, the party shall be given an opportunity to compare the copy with the original.

(4)  Standard of review. The personnel merit commission shall determine whether the discipline imposed was unjust or inappropriate in light of the severity of the offense the employee's prior corrective or disciplinary action records, or applicable mitigating factors. In making such determination, the personnel merit commission shall ascertain whether the appointing authority abused its discretion in finding that the employee violated a section of this chapter, or in the level of discipline imposed.

(5)  Findings. The personnel merit commission shall render its findings and conclusions in writing within thirty calendar days of the closing date of the hearing. The human resources department shall advise the employee of the decision. The commission's decision shall be final and shall be binding on all parties. If said final decision requires action regarding any of the involved parties, said action shall be initiated within five days of the date said decision is rendered and shall be substantially completed within the time period specified in said decision.

(6)  If hearing is denied. In the event a hearing is denied, the personnel merit commission shall cause written notice to be sent to the employee and to all involved parties. Said notice shall include a concise statement of the matters considered in reviewing the application for appeal and the reasons for denying the hearing.

(B)  General provisions.

(1)  Extension of time. The time limits may be extended subject to the approval of the personnel merit commission.

(2)  Stay or postponement. Unless otherwise authorized by the appointing authority imposing a disciplinary action, an appeal of a disciplinary action by an employee shall not stay or postpone the effective date of such disciplinary action.

(3)  Back pay. All claims for back wages shall be limited to the amount of wages that the employee otherwise would have earned less any compensation received for employment obtained subsequent to the reduction of pay or separation from employment and less any unemployment compensation benefits.

(4)  Limitation of pay. Any back pay shall not go beyond any period of time prior to ten days before the filing of an appeal.

(5)  Limitation of relief. An employee's relief under this section shall be limited to pay or benefits the employee otherwise would have earned. There shall be no punitive damages, attorney fees, or other costs allowed under this procedure.

(6)  Exhaustion of procedure required. Exhaustion of this procedure is required before commencing any legal action alleging a violation or misapplication of these procedures. (Ord. 1948 §1, 2012)

2-14-220  Reserved. Go to the top

2-14-230  Separation from employment; general. Go to the top

All separations of employees from positions in the city service shall be designated as one of the following types: end of temporary or limited term appointment; resignation; ineligible; reduction-in-force; disability; death; or dismissal. At the time of separation and prior to final payment, all records, assets, uniforms, and other items of city property assigned to the employee shall be submitted to the employee's immediate supervisor. In the event of a shortage of these items, an appropriate replacement cost may be withheld from the employee's final compensation. Employees who separate shall receive payment for all earned salary subject to the limitations identified in this section. (Ord. 1948 §1, 2012)

2-14-240  Separation from employment; resignation. Go to the top

Any employee who wishes to resign from city service in good standing shall submit to his or her immediate supervisor a written notice of resignation stating the date the employee is leaving and the reasons therefor. The notice of resignation shall be submitted a minimum of fourteen calendar days prior to the effective date. Failure to give fourteen calendar days' written notice may be cause for denial of consideration for reemployment, and the employee may be deemed to have resigned "not in good standing." (Ord. 1948 §1, 2012)

2-14-250  Separation from employment; job abandonment. Go to the top

(A)  Unauthorized absences from work for a period of three days or longer may be considered job abandonment.

(B)  Any employee who is able but not available to work his or her regular schedule may be separated and it shall be considered job abandonment. Such separations will not be processed under this section if the employee is covered under the Family and Medical Leave Act or eligible for reasonable accommodation under the Americans with Disabilities Act. (Ord. 1948 §1, 2012)

2-14-260  Separation from employment; ineligible. Go to the top

(A)  An employee may be separated under this section for his or her failure to maintain any required license or certification deemed to be a necessary special requirement for the performance of his or her position or the failure to supply required documents for employment within the United States or other employment requirements.

(B)  Administrative meeting. Before an employee is separated from employment under this section, the employee's appointing authority will provide the employee with a written notice describing the reason or reasons for the proposed separation, and the evidence in support thereof. Prior to the effective date of such proposed separation, the appointing authority shall provide the employee with an opportunity to be heard and respond to the reason or reasons for such proposed separation.

(C)  Notice following meeting. Within ten days after the meeting, the employee will be advised of the decision, in writing, by the appointing authority.

(D)  Who may approve the separation action. An employee may be separated under this section by his or her appointing authority.

(E)  Appeal to city manager.

(1)  An employee may appeal the decision to the city manager by submitting the required form provided by the human resources department to the human resources department within ten days after receipt of the written decision of the appointing authority. The human resources department will submit copies of the appeal to the city manager. The city manager or designee thereof shall investigate the matter and issue a decision. The investigation may consist, at the option of the city manager, of a review of the written documents, individual conferences with affected people, or meeting with the aggrieved employee and appropriate representatives of the city.

(2)  Within twenty days after submittal of the appeal to the city manager, a written decision shall be rendered on the form provided by the human resources department. The human resources department will advise the employee of the decision. The decision of the city manager shall be final.

(3)  Stay or postponement. Unless otherwise authorized by the appointing authority, an appeal of the separation by an employee shall not stay or postpone the effective date of such action.

(4)  Limitation of relief. An employee's relief under this section shall be limited to pay or benefits the employee otherwise would have earned.

(F)  Records. The original, executed or signed, written notice shall be given to the human resources department for inclusion in the employee's personnel file. A copy of the notice shall also be given to the city manager. (Ord. 1948 §1, 2012)

2-14-270  Separation from employment; reduction-in-force. Go to the top

The appointing authority, with approval from the city manager, may separate an employee because city council has not budgeted funds for the position, because of other lack of funds, curtailment of work, or change in operations or organizational structure after giving notice of at least two weeks to such employee. However, no full-time employee shall be separated from any department while there are temporary employees serving in the same position in that department. In the event of a reduction-in-force, such reduction-in-force is limited to the department or the specific program area within a department as identified by the appointing authority. The appointing authority may also determine which positions (full-time, part-time, limited-term or temporary) will be affected by the reduction-in-force. The conditions of reduction-in-force for full-time employees shall be as follows:

(A)  Order of separation. A reduction-in-force is limited to the department within which the reductions-in-force take place. The primary factors to be used in determining which employees are affected by the reduction-in-force are the individual employee's skill and ability to perform his or her job. In those positions in which employees possess differing skills and abilities, the city will retain the employee who is more capable of performing the job, regardless of seniority. Among the factors to be considered in evaluating employee skill and ability are performance evaluations for the employee's current position, supervisors' assessments, corrective or disciplinary actions, and related information or references to such information filed in employee personnel files within the human resources department or the supervisor's file. Such determination will be recommended by the department's appointing authority with agreement from human resources and the city and county attorney's office. In situations in which incumbents' skills and abilities are relatively equal, seniority will determine the order in which employees are affected by a reduction-in-force. Seniority will be calculated based upon an employee's uninterrupted service in the position and department.

(B)  Offer of reassignment. An employee with a satisfactory employment record shall not be terminated as a result of a reduction-in-force procedure before the employee has been made a reasonable offer of reassignment to the same position in another department, if a vacancy exists and if approved by the other department's appointing authority.

(C)  Appointment to a lower-level position. A department head may appoint an employee with a satisfactory employment record who is to be separated due to reduction-in-force to an existing vacancy in a lower-level position, provided that the employee meets the qualifications for that position. In the event that no vacancy exists, the appointing authority may, at his or her discretion, offer full-time employees a voluntary appointment to a lower-level position identified by the appointing authority in the employee's department. If the lower-level position is not vacant, then an employee in the lower-level position will be selected for reduction-in-force using the process outlined in subsection (A). Any voluntary appointment to a vacant position may be granted only if the director of human resources or designee first makes a determination that the employee is qualified to perform the duties of the position being requested.

(D)  Veteran's preference. Veteran's preference will be provided to employees in accordance with applicable law. (Ord. 1948 §1, 2012)

2-14-280  Separation from employment; inability to perform required tasks. Go to the top

(A)  An employee may be separated from employment when he or she cannot perform the essential required tasks of his or her position, pursuant to the provisions of Americans with Disabilities Act, and such separation must be supported by medical evidence.

(B)  Administrative meeting. Before an employee is separated from employment under this section for an action initiated by the city, the employee's appointing authority will provide the employee with a written notice describing the reason or reasons for the proposed separation and the evidence in support thereof. Prior to the effective date of such proposed separation, the appointing authority shall provide the employee with an opportunity to be heard and respond to the reason or reasons for such proposed separation.

(C)  Notice following meeting. Within ten days after the hearing, the employee will be advised of the decision, in writing, by the appointing authority.

(D)  Who may approve the separation action. An employee may be separated under this section by his or her appointing authority.

(E)  Appeal to city manager.

(1)  An employee may appeal the decision to the city manager by submitting the required form provided by the human resources department to the human resources department within ten days after receipt of the written decision of the appointing authority. The human resources department will submit copies of the appeal to the city manager. The city manager or designee thereof shall investigate the matter and issue a decision. The investigation may consist, at the option of the city manager, of a review of the written documents, individual conferences with affected people, or meeting with the aggrieved employee and appropriate representatives of the city.

(2)  Within twenty days after submittal of the appeal to the city manager, a written decision shall be rendered on the form provided by the human resources department. The human resources department will advise the employee of the decision. The decision of the city manager shall be final.

(3)  Stay or postponement. Unless otherwise authorized by the appointing authority, an appeal of the separation by an employee shall not stay or postpone the effective date of such action.

(4)  Limitation of relief. An employee's relief under this section shall be limited to pay or benefits the employee otherwise would have earned.

(F)  Records. The original notice shall be given to the human resources department for inclusion in the confidential section of the employee's personnel file. (Ord. 1948 §1, 2012)

2-14-290  Separation from employment; death. Go to the top

All compensation due shall be paid in accordance with paragraph 2-14-060(B)(7). (Ord. 1948 §1, 2012)

2-14-300  Separation from employment; dismissal. Go to the top

An employee may be dismissed in accordance with sections 2-14-140 through 2-14-200. (Ord. 1948 §1, 2012)

2-14-310  Separation from employment; date of separation. Go to the top

The official date of separation from city employment shall be the date of the employee's last day actively at work. The date of separation cannot be extended by accrued leave benefits unless approved in advance by the city manager. (Ord. 1948 §1, 2012)

2-14-320  Separation from employment; exit interview. Go to the top

All full-time employees who separate employment with the city shall be required to complete an exit interview with the human resources department. (Ord. 1948 §1, 2012)

2-14-330  Reserved. Go to the top

2-14-340  Equal opportunity employment; policy and procedure. Go to the top

(A)  Equal opportunity.

(1)  The city is an equal opportunity employer and shall not fail or refuse to hire or to discharge any employee or otherwise discriminate against any employee with respect to his or her compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, gender, sexual orientation, marital status, national origin, age, disability, genetic information, or any other status, as provided in federal and state laws and regulations.

(2)  Prohibited harassment. Prohibited harassment means unwelcome conduct, including physical, verbal, or written conduct, that constitutes race/color harassment, national origin harassment, gender harassment, sexual harassment, sexual orientation harassment, religious harassment, disability harassment, or age harassment, or that constitutes harassment based on other status under the equal employment opportunity laws, including but not limited to protection against retaliation for activities such as opposing a practice made unlawful by an equal employment opportunity law or participation in an investigation or other proceeding under the equal employment opportunity laws, or association with a protected individual.

(3)  Reporting. Any employee experiencing or witnessing a violation of the equal opportunity policy shall report such conduct to the employee's immediate supervisor, any other supervisor, or the human resources department if the supervisor is the subject of the complaint. All reports will be thoroughly investigated, and the investigation and any results shall, to the extent practicable, be kept confidential.

(4)  Corrective or disciplinary action. Any employee or supervisor who violates this policy shall be subject to corrective or disciplinary action as provided in sections 2-14-180 through 2-14-200. Any manager or supervisor who participates in or who fails to take appropriate action on any reported incidents, or retaliates against an employee who reports an incident or who files a complaint, shall be subject to corrective or disciplinary action.

(B)  Sexual harassment.

(1)  Policy. It is a policy of the city to provide a work environment that is free from sexual harassment and which forbids sexually harassing conduct by any employee directed toward another employee or by any nonemployee while conducting business in the city workplace. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute harassment when: (a) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (b) submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting such individual, or (c) such conduct has a purpose or effect of unreasonably interfering with an employee's work performance or creating an intimidating, hostile, or offensive working environment.

(2)  Reporting. Any employee experiencing or witnessing sexual harassment shall report such conduct to the employee's immediate supervisor, any other supervisor, or the human resources department if the supervisor is the subject of the complaint. All reports will be thoroughly investigated, and the investigation and any results shall, to the extent practicable, be kept confidential.

(3)  Corrective or disciplinary action. Any employee or supervisor who violates this policy shall be subject to corrective or disciplinary action as provided in sections 2-14-180 through 2-14-200. Any manager or supervisor who participates in or who fails to take appropriate action on any reported incidents, or retaliates against an employee who reports an incident or who files a complaint, shall be subject to corrective or disciplinary action. (Ord. 1948 §1, 2012)


Chapter 2-16

Social Security for City Employees

2-16-010  Authority. Go to the top

The city is authorized to execute and deliver to the Department of Employment Security, State of Colorado, a plan, or plans, and agreement as required under Sections 24-51-701 through 24-51-710, C.R.S., the Enabling Act, and the Social Security Act, to extend coverage to employees and officers of the city and do all other necessary things to effectuate coverage of employees and officers under the Old-Age and Survivors' Insurance System. (Ord. 16 §1, 1962)

2-16-020  Payroll deductions. Go to the top

The city treasurer is authorized to establish a system of payroll deductions to be matched by payments by the city, to be paid into the contribution fund of the state through the Department of Employment Security, and to make charges of this tax to the fund, or funds, from which wage or salary payments are issued to employees of the city. Such payments are to be made in accordance with the provisions of Sections 3101 and 3111 of the Internal Revenue Code of 1954, if the services of the employees covered by the agreement constituted employment as defined in Section 3121 of such Code. Payments made to the Department of Employment Security, State of Colorado, shall be due and payable on or before the eighteenth day of the month immediately following the completed calendar quarter, and such payments which are delinquent shall bear interest at the rate of one-half of 1% per month until such time as payments are made. (Ord. 16 §2, 1962)

2-16-030  Appropriation. Go to the top

Appropriation is made from the proper fund, or funds, of the city in the necessary amount to pay into the contribution fund, as provided in Section 5 (c)(1) of the Enabling Act referred to in section 2-16-010 of this code, and in accordance with the plan, or plans, and agreement required by that act. (Ord. 16 §3, 1962)

2-16-040  Agreement authority. Go to the top

Authority is given to the mayor and the clerk of the city to enter into an agreement with the Department of Employment Security, State of Colorado, which agreement shall be in accordance with Sections 24-51-701 through 24-51-710, C.R.S., and with Section 2818 of the Social Security Act. Such plan and agreement shall provide that the participation of this city shall be in effect as of May 1, 1962. (Ord. 16 §4, 1962)


Chapter 2-20

Pension Plan for General Employees

2-20-010  Establishment. Go to the top

There is hereby established a pension plan for general employees employed by the city on or before May 30, 2000 ("the plan"). This plan covers all full-time employees as defined in section 2-14-020, B.M.C., except any employee who signed an irrevocable waiver transferring the greater of (1) the vested actuarial equivalent of his or her accrued benefit or (2) his or her accumulated contributions to the money purchase plan for general employees and any employee covered under the police pension plan for "old hire" police officers, the money purchase plan for peace officers, the State of Colorado Fire and Police Pension Plan, or under any other firemen's or policemen's pension plans. The plan supersedes all previous defined benefit plans for general employees, whether such plans were established by ordinance, resolution, or otherwise. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000; Ord. 1666 §2, 2002; Ord. 1895 §1, 2008)

2-20-020  Purpose. Go to the top

(A)  The purpose of this plan is to provide retirement and incidental benefits for regular, full-time employees of the employer who meet eligibility requirements. The benefits provided by this plan will be paid from a trust established by the employer and will be in addition to the benefits employees are entitled to receive under any other programs of the employer and from the Federal Social Security Act.

(B)  The plan is established and shall be maintained for the exclusive benefit of the eligible employees of the employer and their beneficiaries. No part of the plan assets shall revert to the employer, except as provided in this chapter, or be used for or diverted to purposes other than the exclusive benefit of the employees of the employer and their beneficiaries. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-030  Definitions. Go to the top

When not clearly otherwise indicated by the context, the following words and phrases used in this chapter have the following meanings:

(A)  Accrued benefit means the benefit determined under the plan expressed as a single life annuity benefit in the form of a monthly benefit commencing at normal retirement date.

(B)  Actuarial (or actuarially) equivalent means equality in value of the aggregate amounts expected to be received under different forms of payment based on interest rate and mortality assumptions as defined below unless otherwise specifically provided in the plan:

(1)  Interest rate assumption for alternative periodic benefits. The interest rate used for purposes of computing alternative periodic forms of benefits is 7.5%.

(2)  Interest rate assumption for single-sum payments. The interest rate used for purposes of computing single-sum payments will be 7.5%.

(3)  Mortality assumption. Effective January 1, 2008, the mortality assumption for calculations based upon the mortality of an employee or beneficiary will be a unisex rate that is 50% male, 50% female, taken from the Guaranteed Annuity Reserve 1994 mortality table. Said mortality assumption will be used until changed by plan amendment.

a.  Notwithstanding any other plan provisions to the contrary, the applicable mortality table used for purposes of adjusting any benefit or limitation under Code Section 415(b)(2)(B), (C), or (D) and the applicable mortality table used for purposes of satisfying the requirements of Code Section 417(e) is the applicable mortality table within the meaning of Code Section 417(e)(3)(B) (which is the mortality table, modified as appropriate by the Treasury Department, and specified for the plan year under Code Section 430(h)(3)(A) [without regard to subparagraph (C) or (D) of such Section]).

b.  For any distribution with an annuity starting date on or after the effective date of this section and before the adoption of this section, if application of the amendment as of the annuity starting date would have caused a reduction in the amount of any distribution, such reduction is not reflected in any payment made before the adoption date of this section. However, the amount of any such reduction that is required under Code Section 415(b)(2) must be reflected actuarially over any remaining payments to the participant.

(C)  Anniversary date means the first day in January each year during which the plan shall be in force.

(D)  Average monthly compensation for participants eligible to receive Level II benefits means the result obtained by dividing the total compensation paid to an employee during a considered period by sixty months. The considered period shall be the five consecutive calendar years within the last ten calendar years of employment which yield the highest average compensation.

(E)  Average monthly compensation for participants eligible to receive Level I benefits means the result obtained by dividing the total compensation paid to an employee during a considered period by thirty-six months. The considered period shall be the three consecutive calendar years within the last ten calendar years of employment which yield the highest average compensation.

(F)  Beneficiary means the person designated by the employee who shall receive any benefits payable hereunder in the event of the employee's death. The designation of such beneficiary will be in writing to the employer, who will notify the trustee.

(G)  Civil union partner means the person with whom the employee has entered into a legally valid civil union as of the earlier of the date benefit payments to the employee commence under the plan or the employee's date of death. The employer may require documentation of a legal civil union before benefits are paid to a surviving civil union partner. A civil union partner shall not be treated as a spouse under this plan unless expressly provided in the plan.

(H)  Code means the Internal Revenue Code of 1986, as amended.

(I)  Committee means the pension committee for the pension plan for general employees, which shall be a five-person committee appointed to administer the plan.

(J)  Compensation means the base salary or wages, including employee contributions that are picked up by the employer pursuant to Code Section 414(h), but not including overtime, on-call, holiday, paid-out leave or other extra pay or bonuses, paid or made available by the employer to an employee for personal services rendered in the course of employment with the employer. Compensation shall be determined before applying any salary reduction agreed to by the employee pursuant to a plan described in Sections 457, 403(b), 125, 132(f)(4) or 414(h) of the Code or any pre-tax contributions made by an employee to an employee welfare benefit plan providing benefits under a health reimbursement arrangement. Effective January 1, 2008, the amount of an employee's compensation for purposes of the plan during any plan year shall not exceed $230,000.00, as adjusted for cost-of-living increases in accordance with Section 401(a)(17)(B) of the Code. Effective for years beginning on or after January 1, 2009, a differential wage payment, as defined in Code Section 3401(h)(2), shall be treated as compensation for purposes of Code Section 415 and any other Code Section that references the definition of compensation under Code Section 415. The plan shall not be treated as failing to meet the requirements of any provision described in Code Section 414(u)(1)(C) by reason of any contribution or benefit which is based on the differential wage payment (but only if all employees of the employer performing service in the uniformed services described in Code Section 3401(h)(2)(A) are entitled to receive differential wage payments on reasonably equivalent terms and, if eligible to participate in the plan, to make contributions based on the differential wage payments on reasonably equivalent terms).

(K)  Disability means a physical or mental condition which, in the judgment of the committee, totally and presumably permanently prevents the employee from engaging in any substantial gainful employment. A determination of disability shall be based upon competent medical evidence satisfactory to the committee. The committee shall apply the rules with respect to disability uniformly and consistently to all employees in similar circumstances.

(L)  Employee means any full-time employee as defined in section 2-14-020, B.M.C., except any general employee hired on or after May 31, 2000, any employee who signed an irrevocable waiver transferring the greater of (1) the vested actuarial equivalent of his or her accrued benefit or (2) his or her accumulated contributions to the money purchase plan for general employees, and any employee covered under the police pension plan for "old hire" police officers, the money purchase plan for peace officers, the State of Colorado Fire and Police Pension Plan, or under any other firemen's or policemen's pension plans. Effective for years beginning on or after January 1, 2009, an individual receiving a differential wage payment, as defined in Code Section 3401(h)(2), shall be treated as an employee of the employer making the payment.

(M) Employee contribution account (or accumulated contributions) means the bookkeeping account maintained for each employee reflecting the cumulative amount of the employee's mandatory contributions. The employee contribution account will earn interest at the rate of 5%. Interest will be calculated as of the last day of each calendar quarter based on the prior quarter ending balance, minus any withdrawals during the quarter, plus 50% of the current quarter mandatory employee contributions.

(N)  Employer or city means the City and County of Broomfield, a Colorado municipal corporation and county.

(O)  Normal retirement date means the sixty-fifth birthday of an employee and completion of seven or more years of service.

(P)  Participant means an employee who meets the requirements for participation in this plan, as set forth in section 2-20-050, B.M.C.

(Q)  Pension means a series of monthly amounts or the actuarial equivalent in a lump sum distribution which is payable to a person who is entitled to receive benefits under the plan.

(R)  Plan means the Pension Plan for General Employees set forth in this chapter, as amended from time to time.

(S)  Retirement means termination of employment after an employee has fulfilled all requirements for an immediate or deferred payment of a pension. Retirement shall be considered as commencing on the day immediately following an employee's last day of employment, or authorized leave of absence, if later. This date shall be considered the employee's retirement date.

(T)  Service means the period of employment used for determining eligibility for benefits as determined under the following rules:

(1)  In general, an employee's service is the employee's total period of full-time employment with the employer.

(2)  Effective September 1, 2003, an employee may purchase service credit for purposes of determining the participant's accrued benefit under this plan. The only service for which credit may be purchased under this plan is service with the employer on a part-time basis, as defined in subsection 2-14-020(Y), B.M.C. Service as a temporary employee or independent contractor, as determined by the employer, may not be used to purchase service credit. An employee may purchase up to 50% of the length of time served in part-time service with the employer. Service credit may be purchased as permitted under Code Section 415(n)(3), and its price will be determined by the plan's actuary, but will not exceed the amount necessary to fund the benefit attributable to the service credit. Service credit may be purchased through a trustee-to-trustee transfer from a Code Section 403(b) or 457 plan permitting such transfers, a rollover from an IRA or qualified plan of vested benefits, after-tax payments, or by a voluntary transfer of vested accrued benefits from the money purchase plan for general employees. If installment payments are made, service will be credited only after all installment payments have been made.

(3)  Any reference in this plan to the number of years of service of an employee will be deemed to include fractional portions of a year rounded to the nearest thousandth; for example, if an employee works nine years and six months, the employee will be credited for nine and one-half years of service.

(4)  Effective as of August 5, 1993, a leave of absence pursuant to the Family and Medical Leave Act of 1993 will not constitute a break in service. In accordance with the Family and Medical Leave Act and the Uniformed Services Employment and Reemployment Rights Act, the plan will grant vesting and participation credit to participants so entitled.

(5)  Service for vesting purposes will not include any period of employment for which an employee will receive or has received a payment under any other city plan for the benefit of employees of the employer, including but not limited to, the police pension plan for "old hire" police officers, the State of Colorado Fire and Police Pension Plan, any other firemen's or policemen's pension plan or the money purchase pension plan for peace officers.

(U)  Surviving spouse or spouse means the person who is legally married, as determined under the Code, to the employee as of the earlier of the date benefit payments to the employee commence under the plan or the employee's date of death. The employer may require proof of marital status before benefits are paid to a surviving spouse.

(V)  Trust means the trust created under this plan, and consists of all assets of the plan derived from employer and employee contributions, plus any income and gain thereto, less any losses, expenses, and distributions to employees and beneficiaries.

(W) Trust fund means the funds and properties held pursuant to the provisions of the trust for the use and benefit of the participants and their beneficiaries.

(X)  Trustee means the trustee selected by the committee. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000; Ord. 1666 §§3-5, 2002; Ord. 1708 §1, 2003; Ord. 1742 §1, 2003; Ord. 1818 §1, 2005; Ord. 1895 §§2-7, 2008; Ord. 1943 §§1-3, 2011; Ord. 1981 §§1, 2, 2013)

2-20-040  Construction of terms. Go to the top

The words hereof, herein, hereunder, and other similar compounds of the word here shall mean and refer to the entire plan, not to any particular provision or section. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-050  Eligibility; participation. Go to the top

Each employee, as defined in section 2-20-030, B.M.C., shall automatically become a participant on the date of hire. A participant or employee who has terminated plan participation may elect to transfer the greater of (1) the vested actuarial equivalent of his or her accrued benefit or (2) his or her accumulated contributions to the money purchase plan for general employees or the money purchase plan for peace officers. In order to make such a transfer, the participant or employee must execute an irrevocable waiver form and submit such form to the pension committee not less than thirty days prior to an effective date of the transfer. For a transfer to the money purchase plan for general employees, the effective date of the transfer will be the first pay period in July or the first pay period in January of any year. For a transfer to the money purchase plan for peace officers, the effective date of the transfer will be no sooner than the first pay period of the month following the employee's appointment to a peace officer position. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000; Ord. 1666 §6, 2002; Ord. 1895 §8, 2008)

2-20-060  Contributions; by employer. Go to the top

The employer, acting under the advice of the qualified enrolled actuary for the plan, intends to make contributions to the plan in such amounts and at such times as are required to maintain plan benefits at Level II for its employees on a sound actuarial basis. Plan benefit Level I will be funded by employer contributions equal to the amount recommended by the enrolled actuary to fund Level II benefits plus mandatory employee contributions. Upon a complete or partial termination of this plan by the employer, the rights of each affected employee of the employer to benefits accrued hereunder to the date of such discontinuance, to the extent then funded, shall be nonforfeitable. All contributions made by the employer to the plan shall be used to pay benefits under the plan or to pay expenses of the plan and shall be irrevocable, except for any residual amounts after satisfying all liabilities of the plan. Forfeitures arising because of severance of employment before the employee becomes eligible for a pension or for any other reason, shall be applied to reduce the costs of the plan, not to increase the benefits otherwise payable to employees. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-070  Mandatory contributions; by employees. Go to the top

(A)  As a condition of employment, each employee hired after March 29, 1995, is enrolled in the Level I benefit and as of May 31, 2000, contributes 7.5% of compensation. Active employees as of March 29, 1995, were given an opportunity to waive the Level I benefit by signing an irrevocable waiver. The employees who waived the Level I benefit were enrolled in the Level II benefit, which does not require employee contributions. Employee contributions will be accounted for separately in an employee contribution account, which account will be at all times nonforfeitable by the employee. The employer shall pick up such contributions in lieu of mandatory employee contributions as provided in Section 414(h) of the Internal Revenue Code. Employee contributions that are picked up by the employer are treated as employee contributions except for federal income tax purposes. Such contributions are fully vested, but for tax reporting they are treated as employer contributions.

(B)  Employees making mandatory contributions who terminate participation in the plan before they are vested (seven years) may elect to receive a distribution of their accumulated contributions at any time. Employees making mandatory contributions who terminate participation in the plan after becoming vested but before being eligible for a defined benefit may receive a distribution at any time, but only if their accumulated contributions exceed the actuarial equivalent of the employee's vested accrued benefit. The accumulated contribution may be taken as a lump sum distribution, or it may be rolled over into an eligible retirement plan as an eligible rollover distribution, as defined in section 2-20-170.

Any other employee making mandatory contributions must meet the requirements of section 2-20-075 before being eligible to receive a distribution. The value of the employee contribution account will be the quarter end balance preceding distribution, as calculated in section 2-20-030, plus current quarter employee contributions. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000; Ord. 1666 §7, 2002)

2-20-075  Retirement benefits; general conditions. Go to the top

An employee will not be entitled to receive a pension under more than one of the following sections: sections 2-20-080 through 2-20-125, B.M.C. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-080  Normal retirement. Go to the top

An employee shall be fully vested in and eligible for a normal pension if his or her employment with the employer is terminated on or after the employee's sixty-fifth birthday and after the employee has completed seven or more years of service, which date shall be deemed the employee's "normal retirement date." The normal form of benefit under the plan is a life annuity commencing on the first day of the month after retirement. Employees are eligible for unreduced benefits beginning as early as age fifty-five if the employee qualifies for the "Rule of 80" retirement. The last payment shall be made as of the first day of the month in which the death of the retired employee occurs. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000; Ord. 1938 §1, 2011)

2-20-085  Normal pension. Go to the top

(A)  Level I benefits: An employee who meets the requirements for a normal retirement and makes employee contributions will receive a monthly benefit amount equal to 2.0% of the employee's average monthly compensation multiplied by his or her years of service.

(B)  Level II benefits: An employee who meets the requirements for a normal retirement and does not make employee contributions to the plan will receive a monthly benefit amount equal to 1.25% of the employee's average monthly compensation multiplied by his or her years of service.

(C)  The normal form of benefit under this plan shall be a life annuity commencing on the first day of the month after retirement. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-090  "Rule of 80" retirement. Go to the top

An employee who makes mandatory employee contributions to the plan, who terminates employment, attains age fifty-five, and whose age and years of service under the plan equals eighty or more is eligible for a "Rule of 80" pension. The "Rule of 80" pension provides benefits commencing on the first day of the month following termination of employment. There is no reduction in benefit for payment prior to normal retirement age. If an employee otherwise meets the requirements of the "Rule of 80" pension but terminates employment before age fifty-five, he or she will not receive any benefits before age fifty-five, but will be eligible for a "Rule of 80" pension when he or she reaches age fifty-five. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-095  "Rule of 80" pension. Go to the top

(A)  Level I benefits: An employee who meets the requirements for a "Rule of 80" retirement and makes employee contributions to the plan will receive a monthly benefit amount equal to 2.0% of the employee's average monthly compensation multiplied by his or her years of service.

(B)  Level II benefits: An employee who does not make employee contributions to the plan will not be eligible to receive a "Rule of 80" pension.

(C)  The normal form of benefit under this plan shall be a life annuity commencing on the first day of the month after retirement. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-100  Early retirement. Go to the top

An employee shall be eligible for an early pension if his or her employment with the employer is terminated on or after his or her fifty-fifth birthday but before his or her sixty-fifth birthday, and after he or she has completed seven or more years of service. If the employee requests the commencement of his or her early pension as of the first day of the month coinciding with or next following his or her retirement, or as of the first day of any subsequent month which precedes his or her sixty-fifth birthday, his or her pension shall commence on the first of the following month, but the amount thereof shall be reduced as provided for in section 2-20-105, B.M.C. The last payment shall be made as of the first day of the month in which the death of the retired employee occurs. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-105  Early pension. Go to the top

(A)  An employee who meets the requirements for an early retirement shall receive a monthly amount which shall be determined in accordance with the provisions of a normal pension, based on the employee's average monthly compensation and service to date of early retirement and whether the employee is eligible for Level I or Level II benefits:

(1)  Level I benefits: An employee who is making mandatory employee contributions and meets the requirements for an early retirement will receive a monthly benefit amount equal to 2.0% of the employee's average monthly compensation multiplied by his or her years of service.

(2)  Level II benefits: An employee who is not making mandatory employee contributions and meets the requirements for an early retirement will receive a monthly benefit amount equal to 1.25% of the employee's average monthly compensation multiplied by his or her years of service.

(3)  The normal form of benefit under this plan shall be a life annuity commencing on the first day of the month after retirement.

(B)  If payment of an early pension commences before age sixty-five, the monthly amount shall be reduced by 1/180 for each of the first sixty months from age sixty to age sixty-five and by 1/360 for each of the next sixty months from age fifty-five to age sixty in the period between the date as of which the pension begins and the first day of the month next following the employee's sixty-fifth birthday.

(C)  However, if an employee is eligible for unreduced benefits as stated in "Rule of 80" retirement (an employee currently employed whose age plus service totals eighty), then payment of an early pension will not be reduced, and the employee will receive a monthly amount which shall be determined in accordance with the provisions of a normal pension. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-110  Deferred vested retirement. Go to the top

(A)  An employee shall be eligible for a deferred vested pension if his or her employment with the employer is terminated, for reasons other than death or retirement, on or after the completion of seven or more years of service. Payment of a deferred vested pension shall commence as of the employee's normal retirement date if he or she is then living. If the employee requests the commencement of his or her deferred vested pension as of the first day of any month subsequent to his or her fifty-fifth birthday but preceding his or her sixty-fifth birthday, his or her pension shall commence as of the beginning of the month so requested, but the amount thereof shall be reduced as provided for in early pension. The last payment shall be made as of the first day of the month in which the death of the retired employee occurs.

(B)  If the employee requests the commencement of his or her deferred vested pension at any time after termination of employment but before the attainment of age fifty-five, he or she will receive a lump sum distribution of the greater of (1) the vested actuarial equivalent of his or her accrued benefit or (2) his or her accumulated contributions. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-115  Deferred vested pension. Go to the top

An employee who meets the requirements for a deferred vested retirement will receive a monthly amount which will be determined in accordance with the provisions of a normal pension, based on the employee's average monthly compensation, service to date of termination, and eligibility for Level I or Level II benefits:

(A)  Level I benefits: An employee who is making mandatory employee contributions and meets the requirements for a deferred vested retirement will receive a monthly benefit amount equal to 2.0% of the employee's average monthly compensation multiplied by his or her years of service.

(B)  Level II benefits: An employee who is not making mandatory employee contributions and meets the requirements for a deferred vested retirement will receive a monthly benefit amount equal to 1.25% of the employee's average monthly compensation multiplied by his or her years of service.

(C)  The normal form of benefit under this plan shall be a life annuity commencing on the first day of the month after retirement. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-120  Disability retirement. Go to the top

(A)  An employee shall be eligible for a disability pension if his or her employment with the employer is terminated by reason of total and permanent disability, provided that he or she has completed three or more years of service. Payment of disability pension shall commence on the employee's normal retirement date if he or she is then living. The last payment shall be made as of the first day of the month in which the death of the retired employee occurs.

(B)  Disability shall be considered to have ended if, prior to his or her normal retirement date, the employee:

(1)  Engages in any substantial gainful activity, except for such employment as is found by the committee to be for the primary purpose of rehabilitation or compatible with a finding of total and permanent disability; or

(2)  Has sufficiently recovered, in the opinion of the committee based on a medical examination by a doctor or clinic appointed by the committee, to be able to engage in regular employment with an employer and refuses an offer of employment by such employer; or

(3)  Refuses to undergo any medical examination requested by the committee; provided that a medical examination shall not be required more frequently than twice in any calendar year.

(C)  If disability ceases before an employee attains his or her normal retirement date, his or her payable pension, if any, will be determined on the basis of his or her service and compensation prior to the date of his or her recovery from disability. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-125  Disability pension. Go to the top

An employee who meets the requirements for a disability retirement will receive a monthly amount which will be determined in accordance with the provisions of a normal pension, based on the employee's average monthly compensation determined as of his or her disability retirement date and whether the employee is eligible for Level I or Level II benefits. However, notwithstanding any provision to the contrary, and for the sole purpose of computing the amount payable as a disability pension, an employee's service will include the period between the commencement of his or her disability and the first day of the month following the retired employee's sixty-fifth birthday, as well as the employee's service prior to the date of disability.

(A)  Level I benefits: An employee who is making mandatory employee contributions and meets the requirements for a disability pension will receive a monthly benefit amount equal to 2.0% of the employee's average monthly compensation multiplied by his or her years of service.

(B)  Level II benefits: An employee who is not making mandatory employee contributions and meets the requirements for a disability pension will receive a monthly benefit amount equal to 1.25% of the employee's average monthly compensation multiplied by his or her years of service.

(C)  The normal form of benefit under this plan shall be a life annuity commencing on the first day of the month following the retired employee's sixty-fifth birthday. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-130  In-service death benefit. Go to the top

(A)  Eligibility requirements. The surviving beneficiary of an active participant not receiving pension benefits will be eligible for an in-service death benefit if the employee on the date of his or her death had made mandatory employee contributions during his or her employment with the city or in the case of a Level II participant met the vesting requirements.

(B)  Amount and type of payment for in-service death benefit.

(1)  Death of Level I participant prior to vesting (seven years): The beneficiary will receive a benefit equal to the accumulated contributions during the first seven years. The value of the employee contribution account will be the quarter end balance preceding distribution, as calculated in section 2-20-030, plus current quarter employee contributions.

(2)  Death of participant after vesting (seven years): The beneficiary will receive the greater of (a) the vested actuarial equivalent of the deceased participant's accrued benefit or (b) the deceased participant's accumulated contributions as of his or her date of death. Payment will commence on the first day of the month following the employee's date of death. The beneficiary may elect any of the optional forms of benefit pay provided for under section 2-20-160, B.M.C.

(C)  Qualified military service. Effective for years beginning on or after January 1, 2007, if a participant dies while performing qualified military service, the survivors of the participant are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the plan as if the participant had resumed employment with the employer and then died. Qualified military service means any service in the uniformed services (as defined in Chapter 43 of Title 38, United States Code) by any individual if such individual is entitled to reemployment rights under such chapter with respect to such service. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000; Ord. 1943 §4, 2011)

2-20-135  Separated vested and nonvested participants death benefit. Go to the top

(A)  Eligibility requirements. The surviving beneficiary of a deferred vested participant not receiving pension benefits will be eligible for a deferred vested death benefit if the deferred vested participant on the date of his or her death had made mandatory employee contributions during his or her employment with the city or in the case of a Level II participant met the vesting requirements. The surviving beneficiary of a nonvested inactive participant will be eligible for a death benefit if the employee on the date of his or her death had made mandatory employee contributions during his or her employment with the city.

(B)  Amount and type of payment for death benefit.

(1)  Death of deferred vested participant after vesting (seven years): The beneficiary will receive the greater of (a) the vested actuarial equivalent of the deceased participant's accrued benefit or (b) the deceased participant's accumulated contributions as of his or her date of death. Payment will commence on the first day of the month following the employee's date of death. The beneficiary may elect any of the optional forms of benefit pay provided for under section 2-20-160, B.M.C.

(2)  Death of Level I inactive participant prior to vesting (seven years): The beneficiary will receive a benefit equal to the accumulated contributions during the first seven years. The value of the employee contribution account will be the quarter end balance preceding distribution, as calculated in section 2-20-030. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-140  Death of a retired participant before contributions recovered. Go to the top

If retirement benefit payments cease to a retired participant and beneficiary before they receive the total of the participant's accumulated contributions, his or her beneficiary shall receive the difference between his or her accumulated contributions and the amount of retirement benefits received to date. The difference shall be paid in a single sum to the beneficiary, if living, or to the estate of the last survivor of the retired participant or his or her beneficiary. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-145  Designation of beneficiary. Go to the top

(A)  Each active or retired employee may designate a primary beneficiary or beneficiaries and a contingent beneficiary or beneficiaries to receive any benefit that may become payable under this plan by reason of his or her death. Such designation shall be made upon forms furnished by the committee, and may at any time be changed or revoked without notice to the beneficiary or beneficiaries, and shall not be effective until filed with the committee.

(B)  Neither the employer nor the trustee (in its capacity as trustee) shall be named as a beneficiary.

(C)  For the purpose of this plan, the production of a certified copy of the death certificate of the employee or other person shall be sufficient evidence of death, and the committee shall be fully protected in relying thereon. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-150  Death of beneficiaries. Go to the top

If a participant dies leaving no named or surviving beneficiary, the plan will pay any benefit first to the participant's surviving spouse or civil union partner, if any, or if none, to his or her surviving children, if any, in equal shares, or if none, to his or her surviving parents, if any, in equal shares, or if none, to his or her surviving siblings, if any, in equal shares, or if none, then to the executor or personal representative of his or her estate. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000; Ord. 1981 §3, 2013)

2-20-155  Claim for benefits. Go to the top

An employee or beneficiary must notify the employer in writing of a claim for benefits under the plan. The employer will take such steps as may be necessary to facilitate the payment of benefits to the employee or beneficiary. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-160  Benefit payment; optional forms. Go to the top

At the request of an employee or beneficiary, any benefit which becomes distributable for any reason may be distributed at such time, in such amount, and in such manner as approved by the committee. All optional forms of benefit will be the actuarial equivalent of the normal pension. Distribution to an employee or beneficiary may be made as follows:

(A)  A monthly amount for the life of the participant equal to the normal pension amount;

(B)  50% joint and survivor option (a monthly amount actuarially reduced which provides the employee with a reduced pension payable for life and payments in the amount of 50% of such reduced pension will, after the retired employee's death, be continued to the employee's beneficiary during the beneficiary's lifetime);

(C)  100% joint and survivor option (a monthly amount, actuarially reduced which provides the employee with a reduced pension payable for life and payments in the amount of 100% of such reduced pension will, after the retired employee's death, be continued to the employee's beneficiary during the beneficiary's lifetime);

(D)  An annuity with a certain term period (ten, fifteen, twenty years);

(E)  A lump sum actuarial equivalent; or

(F)  Any combination of the options in subsections (A) through (E), but only one form of annuity may be selected. Once distribution to a participant begins, the form of benefit may not be changed.

(G)  The employer will provide to each employee, no less than thirty days nor more than 180 days prior to the date the employee's benefit payment commences, a written explanation of the terms and conditions of the optional forms of payment under the plan, the employee's right to defer distributions, and the consequences of failing to defer receipt of the distribution. An employee may waive the thirty-day notice requirement described in the preceding sentence. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000; Ord. 1981 §4, 2013)

2-20-165  Cash out distributions. Go to the top

(A)  Notwithstanding any other provision of this plan, if the employee terminates employment for any reason and the employee's vested defined benefit does not exceed $5,000.00, the employee or beneficiary will receive a distribution of the entire vested benefit in a lump sum within sixty days after termination of employment and the nonvested portion of the defined benefit will be forfeited immediately upon such distribution.

(B)  Effective January 1, 2006, in the event of a mandatory distribution greater than $1,000.00 as described in Code Section 401(a)(31)(B), if the employee does not elect to have such distribution paid directly to an eligible retirement plan specified by the participant in a direct rollover or to receive the distribution directly in accordance with section 2-20-160 and 2-20-175, B.M.C., then the committee will pay the distribution in a direct rollover to an individual retirement plan designated by the committee. (Ord. 1450 §1, 2000; Ord. 1818 §2, 2005)

2-20-170  Rollover to another plan. Go to the top

(A)  Notwithstanding any provision of the plan to the contrary that otherwise would limit an employee's distribution election under the plan, an employee may elect, at any time and in the manner prescribed by the committee, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the participant in a direct rollover.

(B)  Eligible rollover distribution. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the participant, except that an eligible rollover distribution does not include (i) any distribution that is one in a series of substantially equal periodic payments (not less frequently than annually), made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; (ii) any distribution to the extent the distribution is required under Code Section 401(a)(9); (iii) the portion of any distribution that is not includable in gross income (this exclusion does not apply to distributions that are after-tax employee contributions or Roth elective deferral contributions by means of a direct rollover to a qualified plan or to a Code Section 403(b) plan that agrees to account separately for the transferred amounts [and earnings thereon], including to account separately for the portion of such distribution which is includable in gross income and the portion of such distribution which is not so includable); (iv) any distribution made upon the hardship of the employee; and (v) any distribution that is expected to total less than $200.00 during a year. A portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions which are not includable in gross income. However, such portion may be transferred only to an individual retirement account or annuity described in Code Sections 408(a) or (b), or to a qualified defined contribution plan described in Code Sections 401(a) or 403(a) that agrees to separately account, or to an annuity contract described in Code Section 403(b) and such plan or contract provides for separate accounting for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution which is includable in gross income and the portion of such distribution which is not so includable. An eligible rollover distribution shall include any distribution to a designated beneficiary which would be treated as an eligible rollover distribution by reason of Code Section 402(c)(11), or Code Sections 403(a)(4)(B), 403(b)(8)(B), or 457(e)(16)(B), if the requirements of Code Section 402(c)(11) were satisfied.

(C)  Eligible retirement plan. An eligible retirement plan is an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b), a qualified trust described in Code Section 401(a), an annuity plan described in Code Section 403(a), an annuity contract described in Code Section 403(b), that accepts the distributee's eligible rollover distribution, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), and which agrees to separately account for amounts transferred into such plan from this plan, or, a Roth IRA described in Code Section 408A(b), that accepts the distributee's eligible rollover distribution. This definition of eligible retirement plan also will apply to a distribution made to a surviving spouse, to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, or to a nonspouse beneficiary (but for a nonspouse beneficiary, eligible retirement plan shall be limited to individual retirement accounts and individual retirement annuities). If any portion of an eligible rollover distribution is attributable to payments or distributions from a designated Roth account, an eligible retirement plan with respect to such portion shall include only another designated Roth account of the individual from whose account the payments or distributions were made, or a Roth IRA of such individual. Such term shall include any distribution to a designated beneficiary which would be treated as an eligible rollover distribution by reason of Code Section 402(c)(11), or Code Sections 403(a)(4)(B), 403(b)(8)(B), or 457(e)(16)(B), if the requirements of Code Section 402(c)(11) were satisfied. Amounts transferred from a trust under a plan qualified under Code Section 401(a) to a nonqualified foreign trust are treated as a distribution from the transferor plan.

(D)  Distributee. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order are distributees with regard to the interest of the spouse or former spouse. Solely with respect to an eligible retirement plan which is an individual retirement account described in Code Section 408(a) or an individual retirement annuity described in Code Section 408(b), a distributee also will include the employee's or former employee's nonspouse beneficiary.

(1)  Nonspouse beneficiary rollover: A designated beneficiary who is not the participant's surviving spouse is a distributee with respect to the interest of the designated beneficiary if the distribution that is otherwise an eligible rollover distribution is made by a direct trustee-to-trustee transfer ("direct rollover") to an individual retirement account described in Code Section 408(a) or an individual retirement annuity described in Code Section 408(b) that is established for the purposes of receiving the distribution on behalf of the designated beneficiary. Distributions from the plan to a nonspouse beneficiary are not eligible for a sixty-day rollover. A nonspouse beneficiary may not rollover an amount which is a required minimum distribution.

(2)  Trust beneficiary: If the participant's named beneficiary is a trust that satisfies the requirements to be a designated beneficiary under Code Section 401(a)(9)(E), the plan may make a direct rollover to an individual retirement account on behalf of the trust.

(E)  Direct rollover. A direct rollover is a payment by the plan to the eligible retirement plan as specified by the distributee.

(F)  Procedures. The committee may establish procedures for the distribution of eligible rollover distributions, including any limitations on the amount eligible for a rollover distribution, to the extent permitted by law. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000; Ord. 1666 §8, 2002; Ord. 1895 §9, 2008; Ord. 1943 §§ 5-7, 2011; Ord. 1981 §5, 2013)

2-20-175  Maximum annual benefit. Go to the top

(A)  The annual benefit in the form of a single life annuity, with no ancillary benefits, provided by employer contributions, including employer pick-up contributions, for an employee with ten or more years of participation at age sixty-five will not exceed the limit under Code Section 415(b)(1)(A), as adjusted for cost-of-living increases as of each year. Effective January 1, 2008, the annual benefit above shall not exceed $185,000.00, as adjusted, effective January 1 of each year, under Code Section 415(d) in such manner as the secretary of the treasury may prescribe, and payable in the form of a straight life annuity. A limitation as adjusted under Code Section 415(d) will apply to limitation years ending with or within the calendar year for which the adjustment applies.

(1)  If the benefit the employee would otherwise accrue in a limitation year would produce an annual benefit in excess of the maximum annual benefit, the benefit will be limited (or the rate of accrual reduced) to a benefit that does not exceed the maximum annual benefit.

(2)  If an employee is, or has ever been, covered under more than one defined benefit plan maintained by the employer, the sum of the employee's annual benefits from all defined benefit plans may not exceed the maximum annual benefit.

(3)  Effective January 1, 2008, the application of the provisions of this revised section 2-20-175, B.M.C., shall not cause the maximum annual benefit for any employee to be less than the employee's accrued benefit under all the defined benefit plans of the employer as of the end of the last limitation year beginning before July 1, 2007, under the provisions of the plans that were both adopted and in effect before April 5, 2007.

(4)  Except as provided in Section 1.415(b)-1(c)(4) of the Treasury Regulations, where a benefit is payable in a form other than a single life annuity, the benefit shall be adjusted to an actuarially equivalent single life annuity that begins at the same time as such other form of benefit and is payable on the first day of each month before applying the limitations of this section.

a.  Effective for distributions after December 31, 2003, the determination of actuarial equivalence of forms of benefits other than a single life annuity shall be made in accordance with the following subsections:

1.  In the case of a benefit form to which Code Section 417(e)(3) applies, the actuarially equivalent single life annuity is equal to the annual amount of the single life annuity commencing at the same annuity starting date that has the same actuarial present value as the employee's form of benefit computed using whichever of the following produces the greater annual amount:

a)  The interest rate and mortality table specified in section 2-20-030(B), B.M.C., for adjusting benefits in the same form; and

b)  A five-percent interest rate assumption and the applicable mortality table defined in section 2-20-030(B), B.M.C., for that annuity starting date.

2.  In the case of a benefit form to which Code Section 417(e)(3) does not apply, the actuarially equivalent single life annuity will be determined as follows:

a)  If the annuity starting date of the employee's form of benefit occurred after January 1, 2005, the actuarially equivalent single life annuity is equal to the greatest of:

1)  The annual amount of the single life annuity commencing at the same annuity starting date that has the same actuarial present value as the employee's form of benefit, computed using the interest rate and mortality table in section 2-20-030(B), B.M.C., for adjusting benefits in the same form;

2)  The annual amount of the single life annuity commencing at the same annuity starting date that has the same actuarial present value as the employee's form of benefit, computed using a five-and-one-half-percent interest rate assumption and the applicable mortality table in section 2-20-030(B), B.M.C.; and

3)  The annual amount of the single life annuity commencing at the same annuity starting date that has the same actuarial present value as the employee's form of benefit, computed using the applicable interest rate defined in section 2-20-030(B), B.M.C., and the applicable mortality table defined in subsection 2-20-030(B), B.M.C., divided by 1.05.

b)  If the annuity starting date of the employee's form of benefit occurred in 2004 or 2005, the actuarially equivalent single life annuity is equal to the annual amount of the single life annuity commencing at the same annuity starting date that has the same actuarial present value as the employee's form of benefit, computed using whichever of the following produces the greater annual amount:

1)  The interest rate and mortality table specified in subsection 2-20-030(B), B.M.C., for adjusting benefits in the same form; and

2)  A 5.5% interest rate assumption and the applicable mortality table defined in subsection 2-20-030(B), B.M.C.

However, the application of this subparagraph b) shall not cause the amount payable under the employee's form of benefit to be less than the benefit calculated under the plan taking into account the limitations of this section, except that the actuarially equivalent single life annuity is equal to the annual amount of the single life annuity commencing at the same annuity starting date that has the same actuarial present value as the employee's form of benefit, computing using whichever of the following produces the greatest annual amount: (i) the interest rate and mortality table specified in subsection 2-20-030(B), B.M.C., for adjusting benefits in the same form; (ii) the applicable interest rate and mortality table defined in the plan; and (iii) the applicable interest rate defined in subsection 2-20-030(B) as in effect on December 31, 2003, under provisions of the plan then adopted and in effect and the applicable mortality table defined in the plan.

(B)  Except as provided in subsection (C) below, which imposes additional limitations on the amounts payable to employees with less than ten years of participation, the foregoing limitation is not applicable with respect to any employee whose annual benefit under this plan, and any other defined benefit plan maintained by the employer, is less than $10,000.00, and such employee has not at any time participated in any defined contribution plan, within the meaning of Section 415(k) of the Code, maintained by the employer. If an employee has less than ten years of participation with the employer, the $10,000.00 annual benefit limitation shall be multiplied by a fraction (i) the numerator of which is the number of years (or part thereof) of participation with the employer, and (ii) the denominator of which is ten.

(C)  In the event an employee has less than ten years of participation in this plan and predecessor plans hereto, the dollar limitation otherwise applicable under subsection (A) above will be reduced by multiplying such limitation by a fraction, the numerator of which is the number of such employee's years of plan participation or part thereof, but never less than one, and the denominator of which is ten. The limitation will not be reduced so that it is less than the employee's accrued benefit under the plan. This subsection will, to the extent required by the secretary of the treasury, be applied separately to each change in benefit structure hereunder. This subsection (C) will not apply to income received from the plan as a pension, annuity, or similar allowance as a result of the employee becoming disabled or benefits received by the beneficiaries, survivors, or the estate of an employee as a result of the death of the employee.

(D)  In the event subsection (B) does not apply, if the benefit under the plan begins before the participant attains age sixty-two, the dollar limitation in subsection (A) will be adjusted as follows:

(1)  If the annuity starting date for the employee's benefit occurs in a limitation year beginning before July 1, 2007, the dollar limitation for the employee's annuity starting date is the annual amount of a benefit payable in the form of a single life annuity commencing at the employee's annuity starting date that is the actuarial equivalent of the dollar limitation (adjusted under subsection (C) for years of participation less than ten, if required) with actuarial equivalence computed using whichever of the following produces the smaller annual amount:

a.  The interest rate specified in subsection 2-20-030(B), B.M.C., and the mortality table specified in section 2-20-030(B), B.M.C.; or

b.  A five-percent interest rate assumption and the applicable mortality table as defined in subsection 2-20-030(B), B.M.C.

(2)  If the annuity starting date for the employee's benefit occurs in a limitation year beginning on or after July 1, 2007, the dollar limitation for the employee's annuity starting date is the lesser of (a) the annual amount of a benefit payable in the form of a single life annuity commencing at the employee's annuity starting date that is the actuarial equivalent of the dollar limitation (adjusted under subsection (C) for years of participation less than ten, if required) with actuarial equivalence computed using a five-percent interest rate assumption and the applicable mortality table for the annuity starting date as defined in subsection 2-20-030(B), B.M.C. (and expressing the employee's age based on completed calendar months as of the annuity starting date), and (b) the dollar limitation (adjusted under subsection (C) for years of participation less than ten, if required) multiplied by the ratio of the annual amount of the immediately commencing single life annuity under the plan at the employee's annuity starting date to the annual amount of the immediately commencing straight life annuity under the plan at age sixty- two, both determined without applying the limitations of this section.

(3)  The reduction in this subsection (D) will not apply to an employee with respect to whom the period of service taken into account in determining the amount of the benefit under this plan includes at least fifteen years of service of an employee as a full-time employee of any police or fire department which is organized and operated by the employer or as a member of the Armed Forces of the United States.

(4)  This subsection (D) will not apply to income received from the plan as a pension, annuity, or similar allowance as a result of the employee becoming disabled or amounts received from the plan by beneficiary survivors or the estate of the employee as a result of the death of the employee.

(5)  This subsection (D) shall not reduce the limitation of:

a.  $75,000.00 if the benefit begins at or after age fifty-five; or

b.  If the benefit begins before age fifty-five, the equivalent of the $75,000.00 limitation for age fifty-five.

(E)  In the event that subsection (B) does not apply, if the benefit under the plan begins after age sixty-five, the dollar limitation in subsection (A) will be adjusted as follows:

(1)  If the annuity starting date for the employee's benefit occurs in a limitation year beginning before July 1, 2007, the dollar limitation for the employee's annuity starting date is the annual amount of a benefit payable in the form of a single life annuity commencing at the employee's annuity starting date that is the actuarial equivalent of the dollar limitation (adjusted under subsection (C) for years if participation less than ten, if required) with actuarial equivalence computed using whichever of the following produces the smaller annual amount:

a.  The interest rate specified in subsection 2-20-030(B) and the mortality table specified in subsection 2-20-030(B), B.M.C.; or

b.  A five-percent interest rate assumption and the applicable mortality table as defined in subsection 2-20-030(B), B.M.C.

(2)  If the annuity starting date for the employee's benefit occurs in a limitation year beginning on or after July 1, 2007, the dollar limitation at the employee's annuity starting date is the lesser of (a) the annual amount of a benefit payable in the form of a single life annuity commencing at the employee's annuity starting date that is the actuarial equivalent of the dollar limitation (adjusted under subsection (C) for years of participation less than ten, if required) with actuarial equivalence computed using a five-percent interest rate assumption and the applicable mortality table for the annuity starting date as defined in subsection 2-20-030(B), B.M.C. (and expressing the employee's age based on completed calendar months as of the annuity starting date), and (b) the dollar limitation (adjusted under (C) for years of participation less than ten, if required) multiplied by the ratio of the annual amount of the immediately commencing single life annuity under the plan at the employee's annuity starting date to the annual amount of the immediately commencing single life annuity under the plan at age sixty-five, both determined without applying the limitations of this section. For this purpose, the adjusted immediately commencing single life annuity under the plan at the employee's annuity starting date is the annual amount of such annuity payable to the employee, computed disregarding the employee's accruals after age sixty-five, but including actuarial adjustments even if those actuarial adjustments are used to offset accruals; and the adjusted immediately commencing single life annuity under the plan at age sixty-five is the annual amount of such annuity that would be payable under the plan to a hypothetical participant who is age sixty-five and has the same accrued benefit as the employee.

(F)  Notwithstanding the other requirements of this section 2-20-175, B.M.C., no adjustment shall be made to the dollar limitation to reflect the probability of an employee's death between the annuity starting date and age sixty-two, or between age sixty-five and the annuity starting date, as applicable if benefits are not forfeited upon the death of the participant prior to the annuity starting date. To the extent benefits are forfeited upon death before the annuity starting date, such an adjustment shall be made. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000; Ord. 1666 §9, 2002; Ord. 1818 §3, 2005; Ord. 1895 §10, 2008)

2-20-200  Restrictions on the twenty-five highest paid employees effective after December 31, 2000. Go to the top

(A)  Restriction of benefits. In the event of plan termination, the benefit hereunder of any highly compensated former employee, as defined in Code Section 414(q), is limited to a benefit that is nondiscriminatory under Code Section 401(a)(4).

(B)  Restriction on distributions. The annual payments to any high-25 employee as defined below are restricted to an amount equal to the payments that would be made on behalf of the employee under a single life annuity that is the actuarial equivalent of the sum of the employee's accrued benefit and the employee's other benefits under the plan. The restrictions do not apply, however, if:

(1)  After payment to such employee of all such benefits, the value of plan assets equals or exceeds 110% of the value of current liabilities as defined in Code Section 412(l)(7); or

(2)  The value of such benefits for such an employee is less than 1% of the value of such current liabilities.

(C)  Employees whose benefits are restricted - high-25 employees. The employees for any given plan year whose benefits are restricted under subsection (B) above (high-25 employees) include the twenty-five highest paid, for such plan year, of all highly compensated employees and highly compensated former employees as defined under Code Section 414(q).

(D)  Benefit defined. For purposes of subsection (B) above, benefit includes loans in excess of the amounts set forth in Code Section 72(p)(2)(A), any periodic income, any withdrawal values payable to a living employee, and any death benefits not provided for by insurance on the employee's life. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-210  Amendment of the plan. Go to the top

If the plan is amended to increase benefits which would substantially increase the extent of possible discrimination as to contributions or as to benefits upon termination of the plan, the restrictions set forth in section 2-20-200, B.M.C., when each section is effective, will be applied to the plan as if it were a new plan established on the date of such change. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-220  Trust and investment of pension fund. Go to the top

(A)  Trust. A trust is hereby created to hold all of the assets of the plan for the exclusive benefit of employees and beneficiaries, except that expenses and taxes may be paid from the trust as provided in subsection (C) below. The employer or such other person or firm as may be designated by the committee will be the trustee.

(B)  Investment powers. The trustee, acting as agent for the committee, has the authority to invest trust assets in accordance with this plan.

(C)  Taxes and expenses. All taxes, commissions on acquisitions or dispositions of securities, and similar expenses of investment and reinvestment of the trust, will be paid from the trust. Such reasonable charges of the trustee and reimbursement for reasonable expenses incurred by the committee or employer in performance of their duties hereunder, including but not limited to fees for legal, accounting, actuarial, investment, and custodial services, will also be paid from the trust.

(D)  Payment of benefits. The payment of benefits from the trust in accordance with the terms of the plan may be made by the trustee, or by any custodian or other person so authorized by the committee to make such disbursement. The trustee, custodian, or other person is not liable with respect to any distribution of trust assets made at the direction of the committee. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-230  Employer and trustee powers and duties. Go to the top

(A)  Powers and duties of the employer. In addition to duties described elsewhere in this chapter, the employer will have the following additional duties and responsibilities with regard to the plan:

(1)  To ensure the existence of a pension committee;

(2)  To appoint a trustee or other investment manager;

(3)  To employ an enrolled actuary who shall be responsible for the preparation of the actuarial statement;

(4)  To appoint or employ for the plan any agents it deems advisable, including, but not limited to, legal counsel;

(5)  To receive and review the valuation of the plan made by the enrolled actuary;

(6)  To obtain cash flow projections and other required data from the enrolled actuary, in order to establish general investment objectives and supply such data so that an appropriate investment policy consistent with these objectives can be maintained;

(7)  To authorize investment of pension funds; and

(8)  To amend the plan in conformance with section 2-20-300, B.M.C.

(B)  Powers and duties of the trustee. The trustee will perform administrative functions in connection with the plan, including maintenance of the trust fund, the provision of periodic reports of the state of the trust fund, and the disbursement of benefits on behalf of the pension committee in accordance with the provisions of this plan.

(C)  Protection of the pension committee and the employer. Neither the employer nor the pension committee is liable for the acts or omissions of the trustee. The city will indemnify the committee and other city employees from any personal liability arising from the performance of their duties under the plan, except for acts of gross negligence and willful misconduct.

(D)  Protection of the trustee. The trustee may rely upon any certificate, notice, or direction signed by the pension committee or its designee.

(E)  Resignation or removal of trustee. The trustee may resign at any time effective upon sixty days' prior written notice to the employer and pension committee. The trustee may be removed by the pension committee or employer at any time upon written notice to the trustee. Upon the resignation or removal of the trustee, the employer or pension committee may, if it so elects, appoint a successor trustee having such powers and duties as may be agreed upon by the committee or employer and any such trustee; otherwise, the employer will assume the powers and duties of the former trustee, and any trust assets held by the trustee shall be returned to the employer. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-240  Pension committee. Go to the top

(A)  Membership. The plan is administered by a committee comprised of five persons:

(1)  The city manager or a designee thereof;

(2)  The director of human resources or a designee thereof;

(3)  A member of the current city council appointed by and to serve at the pleasure of the city council; and

(4)  Two employee members, who will be elected by majority vote of active employees for two-year terms; provided that, in order that the terms be staggered, the initial term of the employee member who receives the fewest votes will be one year.

(B)  Chairperson. One person will be elected chairperson of the committee each year by majority vote of the committee members.

(C)  Powers and duties. The pension committee has the authority to make all discretionary decisions affecting the rights or benefits of employees that may be required in the administration of the plan; to arrange for administration and investment of the plan; to adopt necessary rules and regulations for managing and discharging its duties not inconsistent with applicable state statutes and this chapter; and to take such other action as may be necessary or convenient to administer the terms of this chapter. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000; Ord. 1666 §10, 2002)

2-20-260  Nonguarantee of employment. Go to the top

Nothing contained in this plan will be construed as a contract of employment between the employer and any employee, or as a right of any employee to discharge any of its employees, with or without cause. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-270  Assignment of benefits. Go to the top

(A)  General rules. All amounts payable by the committee will be paid only to the person entitled to them, and all such payments shall be paid directly to such person and not to any other person or corporation. Such payments shall not be subject to the claim of any creditor of a participant, nor are such payments to be taken in execution by attachment or garnishment or by any other legal or equitable proceedings. No person has any right to alienate, anticipate, commute, pledge, encumber, or assign any payments or benefits which he or she may expect to receive, contingently or otherwise, under this plan, except the right to designate a beneficiary or beneficiaries; provided, however, that this section shall not affect, restrict, or abridge any right of setoff or lien which the trust may have by law.

(B)  Qualified domestic relations orders. Subsection (A) above shall also apply to the creation, assignment, or recognition of a right to any benefit payable with respect to a participant pursuant to a domestic relations order, unless such order is determined to be a qualified domestic relations order, as defined in Section 14-10-113(6), C.R.S. The pension committee may adopt rules or procedures governing the implementation of a domestic relations order. Such rules or procedures may include the requirement that the parties and court may use a standardized domestic relations order form provided by the pension committee. Compliance with the provisions of Section 14-10-113(6), C.R.S., by a public employee retirement plan shall not subject the plan to any portion of the Employees Retirement Security Act of 1974. No payments will commence prior to the date payments are permitted to commence under this plan. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000; Ord. 1666 §11, 2002; Ord. 1895 §11, 2008)

2-20-280  Required distributions. Go to the top

(A)  With respect to distributions under the plan made for calendar years beginning on or after January 1, 2001, the plan will apply a reasonable and good-faith interpretation of the minimum distribution requirements of Code Section 401(a)(9) in accordance with the Treasury Regulations issued under Code Section 401(a)(9), notwithstanding any provision of the plan to the contrary. An employee's entire vested accrued benefit must be distributed or begin to be distributed no later than the employee's required beginning date. In general, the employee's required beginning date is the first day of April of the calendar year following the calendar year in which the later of retirement or attainment of age seventy and one-half occurs. If the employee dies after distribution of his or her benefit has begun, the remaining portion of such benefit, if any, will be distributed at least as rapidly as under the method of distribution being used prior to the employee's death. If the employee dies before distribution of his or her interest begins, distribution of the employee's entire benefit will be completed by December 31 of the calendar year containing the fifth anniversary of the employee's death except to the extent that an election is made to receive distributions in accordance with subparagraph (1) or (2) below:

(1)  If any portion of the employee's interest is payable to a designated beneficiary, distributions may be made in the form of an immediate annuity for the life of the designated beneficiary (or over a period not extending beyond the life expectancy of the beneficiary), and distributions begin no later than December 31 of the calendar year immediately following the calendar year in which the employee died;

(2)  If the designated beneficiary is the employee's surviving spouse, the date distributions are required to begin in accordance with paragraph (1) above shall not be earlier than December 31 of the calendar year in which the employee would have attained age seventy and one-half.

(B)  If the employee has not made an election pursuant to this subsection by the time of his or her death, the employee's designated beneficiary must elect the method of distribution no later than the earlier of (a) December 31 of the calendar year in which distributions would be required to begin under this subsection; or (b) December 31 of the calendar year that contains the fifth anniversary of the date of death of the employee. If the employee has no designated beneficiary, or if the designated beneficiary does not elect a method of distribution, distribution of the employee's entire interest must be completed by December 31 of the calendar year containing the fifth anniversary of the employee's death. If the surviving spouse dies after the employee, but before payments to the surviving spouse begin, the provisions of this subsection, with the exception of subparagraph (2) above, shall be applied as if the surviving spouse were the employee. Any amount paid to a child of the employee will be treated as if it had been paid to the surviving spouse if the amount becomes payable to the surviving spouse when the child reaches the age of majority. (Ord. 1895 §12, 2008)

2-20-290  Merger or consolidation. Go to the top

The employer may merge or consolidate this plan with any other plan and may transfer the assets or liabilities of the plan to any other plan if each participant in the plan, if the plan then terminated, would receive a benefit immediately after the merger, consolidation, or transfer which is equal to the greater of (1) the actuarial equivalent of his or her accrued benefit or (2) the participant's accumulated contributions. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-300  Termination and amendment. Go to the top

(A)  Termination of plan. Upon termination or partial termination of the plan, all participants affected, as of the date such termination or partial termination occurred, will be fully vested in their respective accrued benefits. The interests of the employees and beneficiaries affected, as determined by the enrolled actuary, will be liquidated after provision is made for the expenses of liquidation, by the payment, or provision for payment, of benefits accrued to the date of termination or partial termination, in the following order of precedence:

(1)  With respect to each employee who retired on or after his or her normal retirement date, continuation of payment of his or her normal pension in course of payment on the date of termination of the plan;

(2)  With respect to each contingent pensioner who is receiving a pension on the date of termination of the plan, payment of a survivor's pension, based on the deceased employee's service and compensation before his or her retirement;

(3)  With respect to each employee who has reached his or her normal retirement date before the date of termination of the plan, payment of a normal pension, based on his or her service and compensation before the date of termination of the plan;

(4)  With respect to each retired employee whose retirement occurred before his or her normal retirement date, continuation of payment of his or her pension in course of payment on the date of termination of the plan;

(5)  With respect to each employee who is eligible for an early or vested pension at the date of termination of the plan, payment of a pension determined as the actuarial equivalent of his or her accrued benefit; and

(6)  With respect to each employee who is not entitled to a pension under paragraphs (1), (2), (3), (4), and (5) above, payment of a pension determined as the actuarial equivalent of his or her accrued benefit.

(B)  If the plan assets applicable to any one of the above groups are insufficient to provide full benefits for all persons in such group, the benefits otherwise payable to such persons shall be reduced proportionately, and no benefits shall be paid to any person in a succeeding group.

(C)  If the plan is terminated, the expenses of the committee, enrolled actuary of the plan, legal counsel, accountant, and any agent appointed by the employer to carry out the termination, will be a first and prior claim and lien on the plan assets.

(D)  Amendments to plan. The city may amend this plan at any time; provided, however, that such amendment does not revert any part of the trust to the employer, except as provided in section 2-20-290, B.M.C., and which does not cause any part of the trust to be used for or diverted to any purpose other than the exclusive benefit of employees and beneficiaries under the plan. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)

2-20-310  Plan assets; amount returnable to employer. Go to the top

In no event will the employer receive any amounts from the trust, except as set forth below:

(A)  Upon termination of the plan, the employer will receive such amount, if any, as may remain after the satisfaction of all liabilities of the plan to employees and beneficiaries, and arising out of any variations between actual requirements and expected actuarial requirements.

(B)  If a contribution is made by the employer due to a mistake of fact, such contribution may be returned to the employer. (Ord. 1121 §1, 1995; Ord. 1450 §1, 2000)


Chapter 2-22

Money Purchase Plan for General Employees

2-22-010  Establishment. Go to the top

(A)  There is hereby established a money purchase pension plan for the employer's general employees ("the plan"). The plan supersedes all previous money purchase plans for general employees, whether such plans were established by ordinance, resolution, or otherwise.

(B)  This plan covers all full-time employees as defined in section 2-14-020, B.M.C., except employees covered under the police pension plan for "old hire" police officers, the money purchase plan for peace officers, the State of Colorado Fire and Police Pension Plan, or under any other firemen's or policemen's pension plans. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002; Ord. 1896 §1, 2008)

2-22-020  Purpose. Go to the top

The purpose of this plan and trust is to provide funds for retirement for regular, full-time employees of the employer who meet eligibility requirements and to provide funds for their beneficiaries in the event of death. The benefits provided by this plan will be paid from a trust established by the employer and will be in addition to the benefits employees are entitled to receive under any other programs of the employer and from the Federal Social Security Act. The plan and the trust forming a part hereof are adopted and shall be maintained for the exclusive benefit of employees and their beneficiaries. Except as provided in this chapter, no part of the trust shall revert to the employer or be used or diverted to purposes other than the exclusive benefit of employees and their beneficiaries. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002)

2-22-030  Definitions.Go to the top

For the purpose of this chapter, the following have the indicated meanings:

(A)  Accounting date means the last working day of each calendar month, or of each calendar quarter, or of such other regular period as the employer shall determine.

(B)  Beneficiary means the person designated by the employee who shall receive any benefits payable hereunder in the event of the employee's death.

(C)  Civil union partner means the person with whom the employee has entered into a legally valid civil union as of the earlier of the date benefit payments to the employee commence under the plan or the employee's date of death. The employer may require documentation of a legal civil union before benefits are paid to a surviving civil union partner. A civil union partner shall not be treated as a spouse under this plan unless expressly provided in the plan.

(D)  Code means the Internal Revenue Code of 1986, as amended from time to time.

(E)  Committee means the pension committee for general employees, which shall be a five-person committee appointed to administer the plan.

(F)  Compensation means the base wages or salary, including employee contributions that are picked up by the employer pursuant to a salary reduction agreement described in Sections 125, 132(f)(4), 401, 403, 414(h), or 457 of the Internal Revenue Code or any pre-tax contributions made by the employee to an employee welfare benefit plan providing benefits under a health reimbursement arrangement. Compensation shall exclude overtime, on-call, holiday, paid-out leave, or other extra pay or bonuses, paid or made available by the employer to an employee for personal services rendered in the course of employment with the employer. In the case of an eligible participant in a governmental plan (within the meaning of Section 414(d) of the Internal Revenue Code of 1986), the dollar limitation under Section 401(a)(17) of such Code shall not apply to the extent the amount of compensation which is allowed to be taken into account under the plan would be reduced below the amount which was allowed to be taken into account under the plan as in effect on July 1, 1993. Effective January 1, 2008, the amount of an employee's compensation for purposes of the plan during any plan year shall not exceed $230,000.00, as adjusted for cost-of-living increases in accordance with Section 401(a)(17)(B) of the Code.

(G)  Defined benefit plan means a plan under which a participant's benefit is determined by a formula, which is the number of years of employment times the average monthly salary times a set percentage amount, contained in the plan. This formula will produce a monthly retirement amount that the participant is eligible to receive at retirement, usually age sixty-five.

(H)  Defined contribution plan or money purchase plan means a plan under which individual accounts are maintained for each participant to which all contributions, forfeitures, investment income and gains or losses, and expenses are credited or deducted. A participant's benefit under such plan is based solely on the fair market value of his or her account balance.

(I)  Disability means a physical or mental condition, which, in the judgment of the committee, totally and presumably permanently prevents the employee from engaging in any substantial gainful employment. A determination of disability shall be based upon competent medical evidence satisfactory to the committee. The committee shall apply the rules with respect to disability uniformly and consistently to all employees in similar circumstances.

(J)  Employee means any full-time employee as defined in section 2-14-020, B.M.C., except any employee who previously signed an irrevocable waiver to not participate in the money purchase plan. Also excluded from participating in this pension plan are employees covered under the police pension plan for "old hire" police officers, the money purchase plan for peace officers, the State of Colorado Fire and Police Pension Plan, or under any other firemen's or policemen's pension plans.

(K)  Employee contribution account or accumulated contributions means the bookkeeping account maintained for each employee including the following subaccounts:

(1)  Mandatory contribution subaccount, which is the cumulative amount of the employee's mandatory contributions made pursuant to subsections 2-22-070(A), (B), or (C), including contributions picked up under subsection 2-22-070(D);

(2)  Voluntary after-tax employee contribution subaccount, which is the cumulative amount of the employee's voluntary, after-tax employee contributions made pursuant to subsection 2-22-070(E);

(3)  Rollover contribution subaccount, which is the cumulative amount of the employee's rollover contributions made pursuant to subsection 2-22-075(A);

(4)  Employee transferred contribution subaccount, which is the cumulative amount of transferred contributions representing employee contributions made pursuant to subsection 2-22-075(B); and

(5)  Any other subaccounts as determined by the employer from time to time. Such subaccounts will include any gains, losses, expenses, or increases or decreases in market value attributable to investment of the account, and will reflect any distribution to the employee or the employee's beneficiary and any fees or expenses charged against such account.

(L)  Employer or city means the City and County of Broomfield, a Colorado municipal corporation and county.

(M) Employer contribution account means the bookkeeping account maintained for each employee including the following subaccounts:

(1)  Required employer contribution subaccount, which is the cumulative amount of the employer's contributions made pursuant to section 2-22-060, other than contributions picked up under subsection 2-22-070(D);

(2)  Employer transferred contribution subaccount, which is the cumulative amount of transferred contributions representing employer contributions made pursuant to subsection 2-22-075(B);

(3)  Rehired employee employer contribution subaccount, which is the cumulative amount of the employer's contributions in the case of an employee who has been rehired and at the time of initial separation from service only was vested partially under subsection 2-22-110(C); and

(4)  Any other subaccounts as determined by the employer from time to time. Such subaccounts will include any gains, losses, expenses, or increases or decreases in market value attributable to investment of the account, and further reflects any distribution to the employee or the employee's beneficiary and any fees or expenses charged against such account.

(N)  Limitation year means the twelve-consecutive-month period for which compensation is calculated for the purpose of determining the contribution limitations under section 2-22-090 of this chapter. The limitation year shall be the plan year.

(O)  Nonforfeitable interest means the interest of the employee or his or her beneficiary in that percentage of his or her employer contribution account balance which has vested, pursuant to the vesting schedule contained in this plan. An employee shall, at all times, have a nonforfeitable interest in his or her entire employee contribution account.

(P)  Normal retirement age means the date a participant has reached age fifty-five and has completed five or more years of service.

(Q)  Participant means an employee who has met the eligibility requirements and is participating in the plan.

(R)  Plan means the Money Purchase Plan for General Employees set forth in this chapter, as amended from time to time.

(S)  Plan administrator means the pension committee as defined in this chapter.

(T)  Plan year means the calendar year.

(U)  Surviving spouse or spouse means the person who is legally married, as determined under the Code, to the employee as of the earlier of the date benefit payments to the employee commence under the plan or the employee's date of death. The employer may require proof of marital status before benefits are paid to a surviving spouse.

(V)  Suspense account means an account maintained as a part of the trust which contains any excess annual additions or forfeitures until used as specified in the plan.

(W) Trust means the trust created under this chapter which shall consist of all the assets of the plan derived from employer and employee contributions under the plan, plus any income and gains thereon, less any losses, expenses, and distributions to employees and beneficiaries.

(X)  Trustee means the trustee selected by the committee.

(Y)  Year of service means a plan year during which an employee has not less than 1,000 hours of full-time service, including periods before the plan first took effect. Only for vesting purposes and only for employees who are employed with the employer on or after September 1, 2003, a part-time employee as defined in subsection 2-14-020(Y), B.M.C., who is appointed to a full-time position will be credited one-half of a year of service for each plan year in which the part-time employee is credited with at least 500 hours of part-time service in the plan year for which service is credited. Under no circumstance will more than a half of a year of service be credited for any plan year in which the employee is employed as a part-time employee. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002; Ord. 1697 §§1, 2, 2002; Ord. 1743 §1, 2003; Ord. 1819 §1, 2005; Ord. 1896 §§2, 3, 2008; Ord. 1982 §§1, 2, 2013; Ord. 1996 §1, 2014)

2-22-040  Construction of terms. Go to the top

The words hereof, herein, hereunder, and other similar compounds of the word here shall mean and refer to the entire plan, not to any particular provision or section. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002)

2-22-050  Plan participation. Go to the top

(A)  An employee shall become a participant in the plan on the first day of employment as an eligible employee. There are no waiting periods or minimum age requirements for participation.

(B)  A participant in the plan that was in effect prior to the adoption of this plan shall remain as a participant, and prior service earned under the previous plan will apply to this restated plan.

(C)  Participation in the plan shall not confer upon a participant any employment rights, nor shall it interfere with the employer's right to terminate the employment of any employee at any time. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002)

2-22-060  Employer contributions. Go to the top

(A)  Employer contributions for employees hired on or after January 8, 2003, and for all general employees not described in (B) or (C). For this group of employees, the employer shall contribute to the trust an amount equal to 6.0% of each eligible employee's compensation for the plan year while a participant. Employer contributions shall be accounted for separately in the required employer contribution subaccount.

(B)  Employer contributions for all employees designated on a list maintained by the employer as of January 8, 2003. For this group of employees, the employer shall contribute to the trust an amount equal to 6.46% of each eligible employee's compensation for the plan year while a participant. Employer contributions shall be accounted for separately in the required employer contribution subaccount.

(C)  Employer contributions for employees who are also participants of the Pension Plan for General Employees. The employer shall contribute to the trust an amount equal to 2.0% of each eligible employee's compensation for the plan year while a participant. Employer contributions shall be accounted for separately in the required employer contribution subaccount.

(D)  Expenses and fees. The employer shall also be authorized to reimburse the trust fund for all expenses and fees incurred in the administration of the plan. Such expenses shall include, but shall not be limited to, fees for professional services, printing, postage, and brokerage or other commissions.

(E)  Return of contributions. Contributions made to the fund by the employer shall be irrevocable, except as follows: Any contribution made by the employer because of a mistake of fact must be returned to the employer within one year of the contribution; and in the event that the Commissioner of Internal Revenue determines that the plan is not initially qualified under the Code, any contribution made incident to that initial qualification must be returned to the employer within one year after the date the initial qualification is denied.

(F)  Forfeitures. All amounts forfeited by reason of separation before the participant becomes fully vested shall be used as contributions to the plan and shall offset and reduce employer contributions or plan expenses as determined by the committee. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002; Ord. 1697 §3, 2002; Ord. 1982 §§3, 4, 2013)

2-22-070  Employee contributions. Go to the top

(A)  Mandatory pre-tax employee contributions for employees hired on or after January 8, 2003, and for all general employees not described in (B) or (C). A participant in this group shall be required to contribute, from amounts the participant would otherwise receive as compensation, an amount equal to 6.0% of the participant's compensation.

(B)  Employer contributions for all employees designated on a list maintained by the employer as of January 8, 2003. A participant in this group shall be required to contribute, from amounts the participant would otherwise receive as compensation, an amount equal to 10.5% of the participant's compensation.

(C)  Mandatory pre-tax employee contributions for employees who participate in the Pension Plan for General Employees. A participant shall be required to contribute, from amounts the participant would otherwise receive as compensation, an amount equal to 4.0% of the participant's compensation.

(D)  Mandatory pre-tax employee contributions shall be accounted for separately in the mandatory contribution subaccount, which account will be at all times nonforfeitable by the employee. The employer shall pick up employee contributions in lieu of mandatory employee contributions as provided in Section 414(h)(2) of the Code. Employee contributions that are picked up by the employer are treated as employee contributions except for federal income tax purposes. Such contributions are fully vested, but for tax reporting they are treated as employer contributions.

(E)  Voluntary after-tax employee contributions. A participant may make voluntary after-tax contributions to the plan. Such contributions shall not exceed the maximum percentage of compensation permitted by law and will be subject to the limitations on allocations described in this chapter. Voluntary contributions shall be accounted for separately in the voluntary after-tax contribution subaccount and shall be at all times nonforfeitable by the employee.

(F)  Changes in voluntary contributions. A participant may elect to change his or her voluntary contribution rate, provided that only one such change shall be allowed during any plan year. A participant may discontinue voluntary contributions at any time; however, once discontinued, a participant cannot resume voluntary contributions for six calendar months.

(G)  Payment of employee contributions. Mandatory employee contributions and voluntary employee contributions shall be made by payroll deduction. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002; Ord. 1697, §4, 2002; Ord. 1982 §§5, 6, 2013)

2-22-075  Portability of benefits. Go to the top

(A)  Rollover contributions. Effective for distributions on and after January 1, 2002, an employee may roll over all or part of his or her interest in:

(1)  A plan qualified under Sections 401(a) or 403(a) of the Code, including after-tax employee contributions;

(2)  An annuity contract described in Section 403(b) of the Code;

(3)  An eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state;

(4)  All or portion of a distribution from an individual retirement account or annuity described in Section 408(a) or 408(b) of the Code that is eligible to be rolled over and would otherwise be includable in gross income.

Such rollover pursuant to this subsection (A) must be a qualifying rollover distribution under the requirements of the Code and be approved by the employer. The amount rolled over shall be deposited in the trust and shall be credited to a rollover contribution subaccount.

(B)  Transferred contributions. If the employee was a participant in the money purchase plan for peace officers, and due to a transfer of employment, becomes eligible to participate in the plan, the employee may elect, in a form acceptable to the employer, to transfer his or her interest in the money purchase plan for peace officers to the plan. The interest transferred will include both vested and unvested account balances. The amount of employer contributions and related gains, income or losses transferred to the plan will be accounted for separately in the employer transferred contribution account. The amount of employee contributions and related gains, income or losses transferred to the plan will be accounted for separately in the employee transferred contribution subaccount. (Ord. 1663 §1, 2002; Ord. 1896 §4, 2008)

2-22-080  Transfer of actuarial cash equivalent value of employee's benefit from the pension plan for city and county employees. Go to the top

An employee who signed a waiver electing not to participate in the employer's defined benefit pension plan (Pension Plan for General Employees) is allowed to transfer the greater of (1) the actuarial equivalent of his or her accrued benefit or (2) his or her accumulated contributions. Such transfer shall be credited to the employee transferred contribution subaccount, which will be 100% vested in the employee. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002)

2-22-090  Maximum annual benefit. Go to the top

(A)  Limitation on annual addition. Effective January 1, 2008, the annual addition to an employee's accounts for a limitation year shall not exceed his or her maximum annual addition, which shall be the lesser of:

(1)  $46,000.00, as adjusted for increases in the cost-of-living under Section 415(d) of the Code; or

(2)  100% of the participant's compensation, within the meaning of Section 415(c)(3) of the Code, for the limitation year.

Effective January 1, 1997, the term compensation for purposes of this section will include any elective deferral, as defined in Code Section 402(g)(3), and any amount which is contributed or deferred by the employer at the election of the employee and which is not includable in the gross income of the employee by reason of Code Sections 125, 132(f)(4) or 457. The compensation limit referred to in paragraph (2) above shall not apply to any contribution for medical benefits after separation from service, within the meaning of Sections 401(h) or 419A(f)(2) of the Code, which is otherwise treated as an annual addition. Deemed section 125 compensation (within the meaning of Section 1.415(c)-2(g)(6)(ii) of the Treasury Regulations) will not be counted for purposes of determining amounts not included in the employee's gross income by reason of Section 125 of the Code. For limitation years beginning on or after January 1, 2005, payments made within two and one-half months after an employee's severance from employment (within the meaning of Section 401(k)(2)(B)(i)(I) of the Code) will constitute compensation under this paragraph if such payments would have been paid to the employee prior to and absent his or her severance from employment and if such payments represent:

a.  Remuneration for services performed by the employee during the employee's regular working hours;

b.  Remuneration for services performed by the employee outside the employee's regular working hours;

c.  Commissions;

d.  Bonuses or similar remuneration; and

e.  Accrued bona fide sick, vacation, or other leave, but only if the employee would have been able to use the leave if he or she had continued employment.

Payments not described in subparagraphs a. through e. above do not constitute compensation under this paragraph even if paid within two and one-half months following an employee's severance from employment except for payments to an individual not currently performing services for the employer by reason of qualified military service (within the meaning of Chapter 43 of Title 38, U.S.C.) to the extent such payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the employer in lieu of entering qualified military service.

(B)  Annual addition.

(1)  The annual addition to an employee's accounts for a limitation year shall be the sum of employer contributions and forfeitures applied pursuant to subsection 2-22-060(F) above, amounts reapplied pursuant to subsection (C) below, and employee contributions.

(2)  The term annual addition does not include:

a.  A restorative payment (as defined in Section 1.415(c)-1(b)(2)(ii)(C) of the Treasury Regulations);

b.  The direct transfer of a benefit or employee contributions from a qualified plan to this plan;

c.  A "qualifying rollover distribution" described in subsection 2-22-075(A);

d.  Repayments of loans made to a participant from the plan;

e.  Repayments of contributions to a government plan (as described in Section 415(k)(3) of the Code), as well as employer restorations of benefits that are required pursuant to the repayments.

(C)  Elimination of excess annual additions. Any annual addition in excess of the limitations of subsection (A) above shall be eliminated in accordance with the Employee Plans Compliance Resolution System as set forth in Revenue Procedure 2006-27 or any superseding guidance, including, but not limited to, the preamble of the final regulations issued under Section 415 of the Code.

(D)  Participant in other defined contribution plans. Notwithstanding any other provision in this plan, if any annual additions are allocated under any other defined contribution plans maintained by the employer with respect to an employee, and the annual additions to the employee's accounts under all of the defined contribution plans, treated as a single plan, would, but for this subsection, exceed his or her maximum annual addition for a limitation year, then his or her annual additions shall be reduced first in accordance with such other plans (if they provide for such reduction in this situation), and then to the extent necessary in accordance with subsection (C) above. For purposes of this subsection, defined contribution plan shall have the meaning set forth in Section 415(k) of the Code and the regulations thereunder. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002; Ord. 1697 §5, 2002; Ord. 1819 §2, 2005; Ord. 1896 §5, 2008)

2-22-100  Trust and investment of accounts. Go to the top

(A)  Trust. A trust is hereby created to hold all assets of the plan for the exclusive benefit of employees and beneficiaries, except that expenses and taxes may be paid from the trust. The employer, or such other person as may be designated by the city manager, shall be the trustee.

(B)  Exclusive benefit rules. Except as provided in this chapter, no part of the trust shall be used for, or diverted to, purposes other than for the exclusive benefit of participants, former participants with a vested interest, and the beneficiaries of deceased participants having a vested interest in the trust at death.

(C)  Investment powers. The trustee, acting as agent for the employer, shall have the authority to invest trust assets in accordance with this plan.

(D)  Investment of funds. The employee may direct his or her accounts to be invested in one or more investment options. The employer may make available investment options as allowed by state statutes. Each account is individually subject to any statutory limitations on investments in particular kinds of assets. The employer may from time to time change the available investment options. If a fund experiences a loss, the employee's accounts shall likewise reflect a loss, rather than income, for the period. If an employee does not designate an investment option, the employer shall choose an option for such employee. Investments will be subject to the requirements under Section 24-54-112, C.R.S. To the extent an employee directs investments in his or her account, neither the trustee nor any other fiduciary shall liable for any investment result, including losses, or any breach of trust which results from such direction.

(E)  Payment of benefits. The payment of benefits from the trust in accordance with the terms of the plan may be made by the trustee, or by any custodian or other person so authorized by the employer to make such disbursement. The trustee, custodian, or other person shall not be liable with respect to any distribution of trust assets made at the direction of the employer.

(F)  Valuation of accounts. As of each accounting date, the trust assets held in each investment fund offered shall be valued, by the trustee, at fair market value, and the investment income and gains or losses for each fund shall be determined. Such investment income and gains or losses shall be allocated proportionately among all account balances on a fund-by-fund basis. The allocation shall be in the proportion that each such account's portion of a given fund bears to the total fund, as of the immediately preceding accounting date.

(G)  Employer liability. In no event shall the employer's liability to pay benefits exceed the value of the employee's accounts; the employer shall not be liable for losses, depreciation, or shrinkage in the value of any investment under this plan. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002)

2-22-110  Vesting. Go to the top

(A)  Employee contributions. A participant shall always have a 100% vested and nonforfeitable interest in his or her employee contribution account.

(B)  Employer contributions; vesting schedule. The vesting schedule of this restated money purchase plan for general employees shall be the same schedule as the previous money purchase plan for general employees. Participants of the previous plan shall be credited for vesting obtained under that plan and such credit shall automatically transfer to this restated plan. Participants hired after the effective date of this restated money purchase plan for general employees will earn vesting credit for required employer contributions and employer transferred contributions pursuant to the following schedule:

Years of Service Percentage of Vesting
Less than 1 year 0%
1 year or more 20%
2 years or more 40%
3 years or more 60%
4 years or more 80%
5 years or more 100%

(C)  Service after separation. If an employee resumes employment after separation from service, any subsequent period of service shall be disregarded in determining the nonforfeitable interest in his or her employer contribution account accrued prior to separation. Such nonforfeitable interest in the employer contribution account will be transferred to the rehired employee employer contribution subaccount.

(D)  Prior service of reemployed individual. If a participant resumes employment after separation from service, the period of service prior to separation shall be included in determining the nonforfeitable interest in his or her employer contribution account accrued after reemployment.

(E)  Upon normal retirement age. A participant shall have a nonforfeitable interest in his or her entire employer contribution account, which has not been previously forfeited, if the employer employs him or her after normal retirement age.

(F)  Upon death or disability. A participant shall have a nonforfeitable interest in his or her entire employer contribution account, which has not been forfeited previously, if he or she is employed by the employer when he or she becomes disabled or dies.

(G)  Forfeitures. Except as provided above, a participant who separates from service prior to obtaining full vesting shall forfeit that percentage of his or her employer contribution account balance which has not vested as of the date of such separation. Such forfeitures shall be used in the manner described in subsection 2-22-060(E).

(H)  Transferred subaccount. Employer transferred contributions shall be subject to the vesting schedule provided in subsection 2-22-110(B). (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002)

2-22-120  Participant loans. Go to the top

(A)  Loans shall be made available to employees in accordance with the applicable guidelines as contained in the Code.

(B)  Each loan shall be made upon written application of the participant on a form provided by the plan administrator and shall be subject to approval of the plan administrator. Loans shall meet the following requirements:

(1)  Loans shall be available to only active employees;

(2)  Loans shall not be made available to highly compensated employees, within the meaning of Section 414(q) of the Code, in an amount that is greater than the amount made available to other employees;

(3)  Loans shall bear a reasonable rate of interest, which is generally interpreted to mean a rate not less than what the employee would pay for a similarly secured loan at a bank or other lending institution (provided that an interest rate in excess of 6% per year which is incurred by a servicemember before the servicemember enters military service, shall be reduced as required by the Servicemembers Civil Relief Act of 2003);

(4)  Loans shall be adequately secured by the participant's vested account balance;

(5)  Loans shall be repaid in level installments at least monthly, over a period not extending beyond five years from the date of the loan;

(6)  Loans shall not exceed $50,000.00 or 50% of the participant's vested account balance, whichever is less;

(7)  If in default, distributions are taxable income and may be subject to a ten percent early distribution tax, and the unpaid principal and interest shall be deducted from the participant's account balance; and

(8)  Loan repayments shall be suspended as permitted under Code Section 414(u).

(C)  The plan administrator shall establish loan provisions that will meet the following requirements:

(1)  The identity of the person or positions authorized to administer the participant loan program;

(2)  A procedure for applying for loans;

(3)  The basis on which loans will be approved or denied;

(4)  Limitations, if any, on the types, amounts and number of loans offered;

(5)  The procedure under the program for determining a reasonable rate of interest;

(6)  The types of collateral which may secure a participant loan; and

(7)  The events constituting default and the steps that will be taken to preserve plan assets in the event of such default. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002; Ord. 1896 §6, 2008; Ord. 1982 §7, 2013)

2-22-130  Claims. Go to the top

(A)  Claim of benefits. A participant or beneficiary shall notify the employer in writing of a claim of benefits under the plan. The employer shall direct the trustee to take such steps as may be necessary to facilitate the payment of benefits.

(B)  Decision and reconsideration. If a claim for benefits is denied, the employer shall notify the claimant in writing of such denial, setting forth the specific reasons and citing specific provisions of the plan upon which the denial is based. Said notification shall advise the claimant of the reconsideration procedure. The claimant may request reconsideration by the city manager or designee. A request for reconsideration must be made, in writing, within sixty days after receipt of the notification of denial. Within sixty days following such request for review, the city manager or designee shall render his or her final decision in writing to the participant or representative stating specific reasons for such decision. The decision of the city manager or designee shall be final, subject only to judicial review. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002)

2-22-140  Commencement of benefits. Go to the top

(A)  Normal commencement of benefits. The distribution of a participant's accounts shall commence within sixty days after one of the following events, whichever occurs later: (i) the employee attains normal retirement age or (ii) the employee separates from service.

(B)  Elective commencement of benefits. A participant shall be eligible to receive a distribution of vested benefits if his or her employment with the employer is terminated, for reasons other than death or retirement. Payment will begin in accordance with the participant's affirmative election but not earlier than the termination date of the participant's employment with the employer. Unless a participant affirmatively consents to the distribution, the participant will be deemed to have not made an election to commence benefits.

(C)  Required distributions.

(1)  With respect to distributions under the plan made for calendar years beginning on or after January 1, 2001, the plan will apply the minimum distribution requirements of Code Section 401(a)(9) in accordance with the regulations under Code Section 401(a)(9) that were proposed on January 17, 2001, notwithstanding any provision of the plan to the contrary. This amendment shall continue in effect until the end of the last calendar year beginning before the effective date of final regulations under Code Section 401(a)(9), or such other date as may be specified in guidance by the Internal Revenue Service. An employee's entire vested account must be distributed or begin to be distributed no later than the employee's required beginning date. In general, the employee's required beginning date is the first day of April of the calendar year following the calendar year in which the later of retirement or attainment of age seventy and one-half occurs. If the employee dies after distribution of his or her benefit has begun, the remaining portion of such benefit, if any, will be distributed at least as rapidly as under the method of distribution being used prior to the employee's death. If the employee dies before distribution of his or her interest begins, distribution of the employee's entire benefit shall be completed by December 31 of the calendar year containing the fifth anniversary of the employee's death except to the extent that an election is made to receive distributions in accordance with (1) or (2) as follows: (1) if any portion of the employee's interest is payable to a designated beneficiary, the distributions may be made in the form of an immediate annuity for life of the designated beneficiary or over a period not extending beyond the life expectancy of the beneficiary, and distributions begin no later than December 31 of the calendar year immediately following the calendar year in which the employee died; or (2) if the designated beneficiary is the employee's surviving spouse, the date distributions are required to begin in accordance with (1) above shall not be earlier than December 31 of the calendar year in which the employee would have attained age seventy and one-half. If the employee has not made an election pursuant to this subsection by the time of his or her death, the employee's designated beneficiary must elect the method of distribution no later than the earlier of (a) December 31 of the calendar year in which distributions would be required to begin under this subsection, or (b) December 31 of the calendar year that contains the fifth anniversary of the date of death of the employee. If the surviving spouse dies after the employee, but before payment to the surviving spouse begins, the provisions of this subsection, with the exception of (2) above, shall be applied as if the surviving spouse were the employee. Any amount paid to a child of the employee will be treated as if it had been paid to the surviving spouse if the amount becomes payable to the surviving spouse when the child reaches the age of majority.

(2)  Required minimum distributions pursuant to Internal Revenue Code Section 401(a)(9).

a.  General rules.

1.  Effective date. This paragraph (C)(2) will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year.

2.  Precedence. This paragraph (C)(2) will take precedence over any inconsistent provisions of the Plan. However, nothing in this section will be construed to offer or provide any optional form of distribution not available under the terms of the plan.

3.  Requirements of Treasury regulations incorporated. All distributions required under this section will be determined and made in accordance with the Treasury regulations under this Section 401(a)(9) of the Internal Revenue Code.

4.  TEFRA Section 242(b)(2) elections. Notwithstanding the other provisions of this section, distributions may be made under a designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the Plan that relate to Section 242(b)(2) of TEFRA.

b.  Time and manner of distribution.

1.  Required beginning date. The participant's entire interest will be distributed, or begin to be distributed, to the participant no later than the participant's required beginning date.

2.  Death of participant before distributions begin. If the participant dies before distributions begin, the participant's entire interest will be distributed, or begin to be distributed, no later than as follows:

a)  If the participant's surviving spouse is the participant's sole designated beneficiary, then, except as provided in subparagraph 2.f, distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the participant died, or by December 31 of the calendar year in which the participant would have attained the age of seventy and one-half years, if later.

b)  If the participant's surviving spouse is not the participant's sole designated beneficiary, then, except as provided in subparagraph 2.f, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the participant died.

c)  If there is no designated beneficiary as of September 30 of the year following the year of the participant's death, the participant's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the participant's death.

d)  If the participant's surviving spouse is the participant's sole designated beneficiary and the surviving spouse dies after the participant but before distributions to the surviving spouse begin, subparagraph (2)b.2., rather than subparagraph (2)b.2.a), will apply as if the surviving spouse were the participant.

For purposes of this subparagraph (2)b.2. and (2)d., unless this subparagraph (2)b.2.d) applies, distributions are considered to begin on the participant's required beginning date. If this subparagraph (2)b.2.d) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under this subparagraph (2)b.2.a).

3.  Forms of distribution. Unless the participant's interest is distributed in the form of a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with subparagraphs (2)c and (2)d.

c.  Required minimum distributions during participant's lifetime.

1.  Amount of required minimum distribution for each distribution calendar year. During the participant's lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of:

a)  The quotient obtained by dividing the participant's account balance by the distribution period in the Uniform Lifetime Table set forth in section 1.401(a)(9)-9 of the Treasury regulations, using the participant's age as of the participant's birthday in the distribution calendar year; or

b)  If the participant's sole designated beneficiary for the distribution calendar year is the participant's spouse, the quotient obtained by dividing the participant's account balance by the number in the Joint and Last Survivor Table set forth in section 1.401(a)(9)-9 of the Treasury regulations, using the participant's and spouse's attained ages as of the participant's and spouse's birthdays in the distribution calendar year.

2.  Lifetime required minimum distributions continue through year of participant's death. Required minimum distributions will be determined under this subsection (2)c beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the participant's date of death.

d.  Required minimum distributions after participant's death.

1.  Death on or after date distributions begin.

a)  Participant survived by designated beneficiary. If the participant dies on or after the date distributions begin and there is a designated beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the participant's death is the quotient obtained by dividing the participant's account balance by the longer of the remaining life expectancy of the participant or the remaining life expectancy of the participant's designated beneficiary, determined as follows:

1)  The participant's remaining life expectancy is calculated using the age of the participant in the year of death, reduced by one for each subsequent year.

2)  If the participant's surviving spouse is the participant's sole designated beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the participant's death using the surviving spouse's age as of the spouse's birthday in that year. For distribution calendar years after the year of the surviving spouse's death, the remaining life expectancy of the surviving spouse is calculated using the age of the surviving spouse as of the spouse's birthday in the calendar year of the spouse's death, reduced by one for each subsequent calendar year.

3)  If the participant's surviving spouse is not the participant's sole designated beneficiary, the designated beneficiary's remaining life expectancy is calculated using the age of the beneficiary in the year following the year of the participant's death, reduced by one for each subsequent year.

b)  No designated beneficiary. If the participant dies on or after the date distributions begin and there is no designated beneficiary as of September 30 of the year after the year of the participant's death, the minimum amount that will be distributed for each distribution calendar year after the year of the participant's death is the quotient obtained by dividing the participant's account balance by the participant's remaining life expectancy calculated using the age of the participant in the year of death, reduced by one for each subsequent year.

2.  Death before date distributions begin.

a)  Participant survived by designated beneficiary. Except as provided in paragraph (2)f, if the participant dies before the date distributions begin and there is a designated beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the participant's death is the quotient obtained by dividing the participant's account balance by the remaining life expectancy of the participant's designated beneficiary, determined as provided in subparagraph (2)d.1.

b)  No designated beneficiary. If the participant dies before the date distributions begin and there is no designated beneficiary as of September 30 of the year following the year of the participant's death, distribution of the participant's entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the participant's death.

c)  Death of surviving spouse before distributions to surviving spouse are required to begin. If the participant dies before the date distributions begin, the participant's surviving spouse is the participant's sole designated beneficiary, and if the surviving spouse dies before distributions are required to begin to the surviving spouse under subparagraph (2)b.2.a), this subparagraph (2)d.2. will apply as if the surviving spouse were the participant.

e.  Definitions.

1.  Designated beneficiary. The individual who is designated as the beneficiary under section 2-22-030(B), B.M.C., and is the designated beneficiary under Section 401(a)(9) of the Internal Revenue Code and Section 1.401(a)(9)-1, Q&A-4, of the Treasury regulations.

2.  Distribution calendar year. A calendar year for which a minimum distribution is required. For distributions beginning before the participant's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the participant's required beginning date. For distributions beginning after the participant's death, the first distribution calendar year is the calendar year in which distributions are required to begin under subparagraph (2)b.2. The required minimum distribution for the participant's first distribution calendar year will be made on or before the participant's required beginning date. The required minimum distribution for other distribution calendar years, including the required minimum distribution for the distribution calendar year in which the participant's required beginning date occurs, will be made on or before December 31 of that distribution calendar year.

3.  Life expectancy. Life expectancy as computed by use of the Single Life Table in Section 1.401(a)(9)-9 of the Treasury regulations.

4.  Participant's account balance. The account balance as of the last valuation date in the calendar year immediately preceding the distribution calendar year (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the account balance as of dates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date. The account balance for the valuation calendar year includes any amounts rolled over or transferred to the plan either in the valuation calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar year.

5.  Required beginning date. The date specified in subsection 2-22-140(C).

f.  Elections.

1.  Election to apply five-year rule to distributions to designated beneficiaries. If the participant dies before distributions begin and there is a designated beneficiary, distribution to the designated beneficiary is not required to begin by the date specified in subparagraph (2)b.2., but the participant's entire interest will be distributed to the designated beneficiary by December 31 of the calendar year containing the fifth anniversary of the participant's death. If the participant's surviving spouse is the participant's sole designated beneficiary and the surviving spouse dies after the participant but before distributions to either the participant or the surviving spouse begin, this election will apply as if the surviving spouse were the participant. This election will apply to all distributions.

2.  Election to allow participants or beneficiaries to elect five-year rule. Participants or beneficiaries may elect on an individual basis whether the five-year rule or the life expectancy rule in subparagraphs (2)b.2. and (2)d.2., applies to distributions after the death of a participant who has a designated beneficiary. The election must be made no later than the earlier of September 30 of the calendar year in which the distribution would be required to begin under subparagraph (2)b.2., or by September 30 of the calendar year which contains the fifth anniversary of the participant's (or, if applicable, surviving spouse's) death. If neither the participant nor beneficiary makes an election under this paragraph, distributions will be made in accordance with subparagraphs (2)b.2. and (2)d.2. and, if applicable, the elections in subparagraph (2)f.

3.  Election to allow designated beneficiary receiving distributions under the five-year rule to elect life expectancy distributions. A designated beneficiary who is receiving payments under the five-year rule may make a new election to receive payments under the life expectancy rule until December 31, 2003, provided that all amounts that would have been required to be distributed under the life expectancy rule for all distribution calendar years before 2004 are distributed by the earlier of December 31, 2003, or the end of the five-year period.

g.  No required minimum distributions for 2009.

1.  Notwithstanding the preceding provisions of this subsection, a participant or beneficiary who would have been required to receive required minimum distributions for 2009 but for the enactment of Code Section 401(a)(9)(H), and who would have satisfied that requirement by receiving distributions, will not receive those distributions for 2009 unless the participant or beneficiary elects to receive such distributions pursuant to the terms of the plan.

2.  In addition, solely for purposes of applying the direct rollover provisions of the plan, any such elected distributions in 2009 will be treated as eligible rollover distributions. A direct rollover will be offered only for distributions that would be eligible rollover distributions without regard to Code Section 401(a)(9)(H).

(D)  Withdrawal of voluntary contributions. A participant may upon written request withdraw a part of or the full amount of his or her voluntary contribution account. The request shall include the participant's name, address, social security number, birth date, and amount of the withdrawal. Such withdrawals may be made at any time, provided that no more than two such withdrawals may be made during any plan year.

(E)  De minimis accounts.

(1)  Notwithstanding the foregoing in this section, an employee who separates from service and who has a combined nonforfeitable interest of $5,000.00 or less (effective January 1, 2002, this amount can be determined without regard to any rollover contributions made to the plan) in all of his or her accounts, shall be paid his or her lump sum value within sixty days after the separation from service. To the extent required by law, payment may be made to an individual retirement account.

(2)  Effective January 1, 2006, in the event of a mandatory distribution greater than $1,000.00 as described in Section 401(a)(31)(B) of the Internal Revenue Code, if the employee does not elect to have such distribution paid directly to an eligible retirement plan specified by the participant in a direct rollover or to receive the distribution directly in accordance with sections 2-22-140 and 2-22-150, B.M.C., then the committee will pay the distribution in a direct rollover to an individual retirement plan designated by the committee.

(F)  Rollover to another plan. Notwithstanding any provision of the plan to the contrary that otherwise would limit an employee's distribution election under the plan, an employee may elect, at any time and in the manner prescribed by the committee, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the participant in a direct rollover.

(1)  Definitions.

a.  Eligible rollover distribution. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the participant, except that an eligible rollover distribution does not include (i) any distribution that is one in a series of substantially equal periodic payments (not less frequently than annually), made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; (ii) any distribution to the extent the distribution is required under Code Section 401(a)(9); (iii) the portion of any distribution that is not includable in gross income (this exclusion does not apply to distributions that are after-tax employee contributions or Roth elective deferral contributions by means of a direct rollover to a qualified plan or to a Code Section 403(b) plan that agrees to account separately for the transferred amounts [and earnings thereon], including to account separately for the portion of such distribution which is includable in gross income and the portion of such distribution which is not so includable); (iv) any distribution made upon the hardship of the employee; and (v) any distribution that is expected to total less than $200.00 during a year. A portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions which are not includable in gross income. However, such portion may be transferred only to an individual retirement account or annuity described in Code Section 408(a) or (b) or a Roth IRA or annuity described in Code Section 408A, or to a qualified defined contribution plan described in Code Section 401(a) or 403(a) or to an annuity contract described in Code Section 403(b), and such plan or contract provides for separate accounting for amounts so transferred (and earning thereon), including separately accounting for the portion of such distribution which is includable in gross income and the portion of such distribution which is not so includable. Amounts transferred from a trust under a plan qualified under Code Section 401(a) to a nonqualified foreign trust are treated as a distribution from the transferor plan.

b.  Eligible retirement plan. An eligible retirement plan is an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b), a qualified trust described in Code Section 401(a), an annuity plan described in Code Section 403(a), an annuity contract described in Code Section 403(b), that accepts the distributee's eligible rollover distribution, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A) and which agrees to separately account for amounts transferred into such plan from this plan, or, effective for distributions made after December 31, 2007, a Roth IRA described in Code Section 408A(b), that accepts the distributee's eligible rollover distribution. This definition of eligible retirement plan also will apply to a distribution made to a surviving spouse or to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, or to a nonspouse beneficiary (but for a nonspouse beneficiary, eligible retirement plan shall be limited to individual retirement accounts and individual retirement annuities). Such term shall include any distribution to a designated beneficiary which would be treated as an eligible rollover distribution by reason of Code Section 402(c)(11), or Code Sections 403(a)(4)(B), 403(b)(8)(B), or 457(e)(16)(B), if the requirements of Code Section 402(c)(11) were satisfied.

c.  Distributee. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order are distributees with regard to the interest of the spouse or former spouse. Solely with respect to an eligible retirement plan which is an individual retirement account described in Code Section 408(a) or an individual retirement annuity described in Code Section 408(b), a distributee also will include the employee's or former employee's nonspouse beneficiary.

1.  Nonspouse beneficiary rollover. A designated beneficiary who is not the participant's surviving spouse is a distributee with respect to the interest of the designated beneficiary if the distribution that is otherwise an eligible rollover distribution is made by a direct trustee-to-trustee transfer ("direct rollover") to an individual retirement account described in Code Section 408(a) or an individual retirement annuity described in Code Section 408(b) that is established for the purposes of receiving the distribution on behalf of the designated beneficiary. Distributions from the plan to a nonspouse beneficiary are not eligible for a sixty-day rollover. A nonspouse beneficiary may not rollover an amount which is a required minimum distribution.

2.  Trust Beneficiary. If the participant's named beneficiary is a trust that satisfies the requirements to be a designated beneficiary under Code Section 401(a)(9)(E), the plan may make a direct rollover to an individual retirement account on behalf of the trust.

d.  Direct rollover. A direct rollover is a payment by the plan to the eligible retirement plan as specified by the distributee.

(2)  Procedures. The committee may establish procedures for the distribution of eligible rollover distributions, including any limitations on the amount eligible for a rollover distribution, to the extent permitted by law.

(G)  Transfer of benefits to the money purchase plan for peace officers. If the employee was a participant in this plan and, due to a transfer of employment, becomes eligible to participate in the money purchase plan for peace officers, any loans made under this plan must be transferred to the money purchase plan for peace officers. In addition, the employee may elect, in a form acceptable to the employer, to transfer the remainder of his or her interest in the plan to the money purchase plan for peace officers. The interest transferred will include both vested and unvested account balances.

(H)  Withdrawal of rollover contributions. An employee may upon written request withdraw a part of or the full amount of his or her rollover contribution subaccount. Such withdrawals may be made at any time.

(I)  Transfer of benefits to the Pension Plan for General Employees to purchase service credit. A participant may elect, in a form acceptable to the employer, to transfer all or a portion of his or her vested accounts, except for portions of the transferred contribution subaccount under section 2-22-080, B.M.C., to the Pension Plan for General Employees to purchase service credit as permitted under that plan.

(J)  Withdrawal after attainment of normal retirement age. An employee may, upon written request, withdraw a part of or the full amount of his or her accounts at any time after attainment of normal retirement age. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002; Ord. 1743 §2, 2003; Ord. 1757 §1, 2003; Ord. 1819 §3, 2005; Ord. 1896 §§7-9, 2008; Ord. 1944 §§1, 2, 2011; Ord. 1982 §8, 2013)

2-22-150  Distribution of benefits. Go to the top

(A)  Elective mode of distribution. A participant may revocably elect to have his or her accounts distributed in any of the following modes:

(1)  Lump sum. A lump sum payment;

(2)  Equal payments. Equal monthly, quarterly, semiannual or annual payments in an amount chosen by the participant; or

(3)  Other. Any other sequence of payments requested by the participant and agreed to by the trustee and the employer.

(B)  Election of mode. A participant's election of a payment must be made at least thirty days before the payment of benefit is to commence. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002)

2-22-160  Death and disability benefits.Go to the top

(A)  Recipient of payment after death. Each employee, upon becoming a participant, may designate a beneficiary and a contingent beneficiary. Any participant may, at any time, revoke or change the designation of his or her beneficiary by filing a notice of the revocation or change. Any designation, revocation or change of beneficiary must be submitted to the employer in writing or by electronic media in a format required by the employer. If there is no named or surviving beneficiary, death benefits will be paid first to the participant's surviving spouse or civil union partner, if any, or if none, to his or her surviving children, if any, in equal shares, or if none, to his or her surviving parents, if any, in equal shares, or if none, to his or her surviving siblings, if any, in equal shares, or if none, then to the executor or personal representative of his or her estate.

(B)  Proof of death. The plan administrator may require such proper proof of death and such evidence as to a person's right to receive payment from a deceased participant's account as the plan administrator reasonably deems appropriate.

(C)  Death before separation of employment. If a participant's employment terminates because of death, the entire amount then credited to his or her account shall become vested and nonforfeitable as provided in subsection 2-22-110(F), B.M.C., and payable to the beneficiary. If the participant's surviving spouse or civil union partner is the beneficiary, the surviving spouse or civil union partner may elect to have the distribution of the account balances commence within ninety days after the participant's death.

(D)  Death after separation of employment.

(1)  If a participant dies after terminating employment, the plan shall pay the undistributed vested balance, if any, of the participant's account to the beneficiary.

(2)  If distribution had commenced to the participant prior to his or her death, it shall continue being paid after the participant's death at least as rapidly as under the method of distribution being made as of the participant's death.

(E)  Disability. If a participant's employment terminates because of a disability at any time, the entire amount then credited to his or her account shall be fully vested and nonforfeitable.

(F)  Termination of employment before retirement, disability or death. If a participant's employment with the employer terminates prior to his or her normal retirement date for any reason other than death or disability, the participant shall be eligible to receive the vested portion of his or her account. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002; Ord. 1982 §9, 2013; Ord. 1996 §2, 2014)

2-22-170  Administration of the plan. Go to the top

(A)  Pension committee.

(1)  The pension committee members serving as the pension committee for the pension plan for general employees will also serve as the pension committee for this money purchase plan for general employees. The plan shall be administered by a committee consisting of five members:

a.  The city manager or a designee thereof;

b.  The director of human resources or a designee thereof;

c.  A member of the current city council appointed by and to serve at the pleasure of the city council; and

d.  Two employee members, who will be elected by majority vote of active employees for two-year terms; provided that, in order that the terms be staggered, the initial term of the employee member who receives the fewest votes will be one year.

(2)  Chairperson. The chairperson of the pension committee for the pension plan for general employees will also serve as the pension committee chairperson for this plan. One person will be elected chairperson of the committee each year by majority vote of the committee members.

(3)  The pension committee shall have the following powers and duties:

a.  To review the responsiveness and performance of the trustee and make recommendations to the employer;

b.  To review such reports and statements as may be prepared in connection with the plan;

c.  To make recommendations to the employer regarding: (i) selection of a trustee; (ii) employment of actuaries, accountants, and other professionals in connection with the plan; (iii) investment options to be offered; and (iv) amendment to or termination of the plan.

(B)  Powers and duties of the employer. The employer shall have the authority to make all discretionary decisions affecting the rights or benefits of employees which may be required in the administration of the plan, to arrange for the administration and investment of the plan, to determine the investment options to be offered to employees and to take such other action as may be necessary and convenient to administer the terms of this chapter.

(C)  Powers and duties of the trustee. The trustee, as agent for the employer, shall perform administrative functions in connection with the plan, including maintenance of accounts, the provision of periodic reports of the state of each account and the disbursement of benefits on behalf of the employer in accordance with the provisions of this plan.

(D)  Protection of the employer. The employer shall not be liable for the acts or omissions of the trustee.

(E)  Protection of the trustee. The trustee may rely upon any certificate, notice, or direction signed by the city manager or his or her designee.

(F)  Resignation or removal of trustee. The trustee may resign at any time effective upon sixty days' prior written notice to the employer. The employer may remove the trustee at any time upon written notice to the trustee. Upon the resignation or removal of the trustee, the employer may, if it so elects, appoint a successor trustee having such powers and duties as may be agreed upon by the employer and any such trustee; otherwise, the employer shall assume the powers and duties of the former trustee, and any trust assets held by the trustee shall be returned to the employer. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002)

2-22-180  Miscellaneous provisions. Go to the top

(A)  Nonguarantee of employment. Nothing contained in this plan shall be construed as a contract of employment between the employer and any employee, or as a right of an employee to be continued in the employment of the employer, or as a limitation of the right of the employer to discharge any of its employees, with or without cause.

(B)  Rights to trust assets. No employee or beneficiary shall have any right to, or interest in, any assets of the trust upon termination of his or her employment or otherwise, except as provided from time to time under this plan, and then only to the extent of the benefits payable under the plan to such employee or beneficiary out of the assets of the trust. All payments of benefits as provided for in this plan shall be made solely out of the assets of the trust, and none of the fiduciaries shall be liable therefor in any manner.

(C)  Nonalienation of benefits. Benefits payable under this plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, prior to actually being received by the person entitled to the benefit under the terms of the plan; and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge, or otherwise dispose of any right to benefits payable hereunder shall be void. The trust shall not in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements, or torts of any person entitled to benefits hereunder. Notwithstanding the above, amounts may be paid from an employee's accounts pursuant to a court order requiring deductions from an employee's benefit payments hereunder, but only if such deductions are for alimony, child support, or property settlement, and only if the employee's benefit payments have commenced under the terms of the plan.

(D)  Qualified domestic relations orders. Subsection (C) above shall also apply to the creation, assignment, or recognition of a right to any benefit payable with respect to a participant pursuant to a domestic relations order, unless such order is determined to be a qualified domestic relations order, as defined in Section 14-10-113(6), C.R.S. The pension committee may adopt rules or procedures governing the implementation of a domestic relations order. Such rules or procedures may include the requirement that the parties and court may use a standardized domestic relations order form provided by the pension committee. Compliance with the provisions of Section 14-10-113(6), C.R.S., by a public employee retirement plan shall not subject the plan to any portion of the Employees Retirement Income Security Act of 1974. No payments will commence prior to the date payments are permitted to commence under this plan.

(E)  Incompetency of payee. In the event any benefit is payable to a minor or incompetent, to a person otherwise under legal disability, or to a person who, in the sole judgment of the employer, is by reason of advanced age, illness, or other physical or mental incapacity incapable of handling the disposition of his or her property, the employer may apply the whole or any part of such benefit directly to the care, comfort, maintenance, support, education, or use of such person or pay or distribute the whole or any part of such benefit to:

(1)  The parent of such person;

(2)  The guardian, committee, or other legal representative, wherever appointed, of such person;

(3)  The person with whom such person resides;

(4)  Any person having the care and control of such person; or

(5)  Such person personally.

The receipt of the person to whom any such payment or distribution is so made shall be full and complete discharge therefor.

(F)  Inability to locate payee. Anything to the contrary herein notwithstanding, if the employer is unable, after reasonable effort, to locate any employee or beneficiary to whom an amount is payable hereunder, such amount shall be forfeited and held in the trust for application against the next succeeding employer contribution or contributions required to be made hereunder. Notwithstanding the foregoing, however, such amount shall be reinstated, by means of an additional employer contribution, if and when a claim for the forfeited amount is subsequently made by the employee or beneficiary or if the employer receives proof of death of such person, satisfactory to the employer. Any benefits lost by reason of escheat under applicable state law shall be considered forfeited and shall not be reinstated.

(G)  Nonforfeitability of benefits. Subject only to the specific provisions of this plan, nothing shall be deemed to divest an employee of his or her right to the nonforfeitable interest to which he or she becomes entitled in accordance with the provisions of the plan.

(H)  Mergers, consolidations, and transfer of assets. The plan shall not be merged into or consolidated with any other plan, other than a plan which amends and restates this plan, nor shall any of its assets or liabilities be transferred into any other plan, unless each employee would, if the plan then terminated, receive a benefit immediately after the merger, consolidation, or transfer that is equal to or greater than the benefit he or she would have been entitled to receive immediately before the merger, consolidation, or transfer, if the plan then terminated.

(I)  Employer records. Records of the employer as to an employee's period of service, termination of service and the reason therefor, leaves of absence, reemployment, earnings, and compensation will be presumed to be correct.

(J)  Uniformed Services Employment and Reemployment Rights Act. Notwithstanding any provision of the plan to the contrary, contributions, benefits, and service credit with respect to Uniformed Services of the United States will be provided in accordance with Code Section 414(u).

(1)  Qualified military service means any service in the uniformed services (as defined in Chapter 43 of Title 38, United States Code) by any individual if such individual is entitled to reemployment rights under such chapter with respect to such service.

(2)  Effective for years beginning on or after January 1, 2007, if a participant dies while performing qualified military service, the survivors of the participant are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the plan as if the participant had resumed employment with the employer and then died.

(3)  Effective for years beginning on or after January 1, 2009:

a.  An individual receiving a differential wage payment, as defined in Code Section 3401(h)(2), shall be treated as an employee of the employer making the payment;

b.  The differential wage payment shall be treated as compensation for purposes of Code Section 415 and any other Code Section that references the definition of compensation under Code Section 415; and

c.  The plan shall not be treated as failing to meet the requirements of any provision described in Code Section 414(u)(1)(C) by reason of any contribution or benefit which is based on the differential wage payment. This subparagraph c. applies only if all employees of the employer performing service in the uniformed services described in Code Section 3401(h)(2)(A) are entitled to receive differential wage payments on reasonably equivalent terms and, if eligible to participate in the plan, to make contributions based on the differential wage payments on reasonably equivalent terms.

(K)  The employer will provide to each participant, no less than thirty days nor more than 180 days prior to the date the participant's benefit payment commences, a written explanation of the terms and conditions of the optional forms of payment under the plan, the participant's right to defer distributions, and the consequences of failing to defer receipt of the distribution. A participant may waive the thirty-day notice requirement described in the preceding sentence. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002; Ord. 1944 §3, 2011; Ord. 1982 §10, 2013)

2-22-190  Plan amendment and termination. Go to the top

(A)  Amendments. The employer shall have the right at any time to:

(1)  Amend this plan in such manner as it may deem necessary or advisable in order to qualify this plan and the trust created in relation hereto pursuant to sections 401(a) and 501(a) of the Code, and any such amendment may, by its terms, be retroactive; and

(2)  Amend this plan in any other manner.

(B)  Termination. The employer shall have the right to terminate the plan upon sixty days' notice in writing to the trustee.

(1)  If the plan is terminated, partially terminated, or if there is a complete discontinuance of contributions under the plan by the employer, all amounts credited to the accounts of participants shall vest and become nonforfeitable. In the event of termination, the plan administrator shall direct the trustees with respect to the distribution of accounts to or for the exclusive benefit of participants or their beneficiaries.

(2)  Any amounts held in the suspense account, after any required allocations for the plan year prior to the effective date of plan termination, shall be paid to the employer's general fund. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002)

2-22-200  Applicable law. Go to the top

The plan shall be construed under the laws of the State and is established with the intent that it meets the requirements as a money purchase plan under section 401(a) of the Code. The provisions of this plan shall be interpreted whenever possible in conformity with the requirements of the Code. (Ord. 1451 §1, 2000; Ord. 1663 §1, 2002)


Chapter 2-24

Police Pension Plan for "Old Hire" Police Officers

2-24-010  Establishment. Go to the top

There is hereby established a pension plan for police department employees employed by the city on or before April 7, 1978. Effective November 28, 2000, this plan shall be terminated with respect to all active participants. The plan supersedes all previous plans for such employees, whether such plans were established by ordinance, by resolution of the board of trustees of the policemen's pension fund, or otherwise. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-020  Purpose. Go to the top

The purpose of this plan is to provide retirement and incidental benefits for all employees covered by this plan, and to provide funds for their spouses or civil union partners, dependent children, and dependent parents in the event of an employee's death. The benefits provided by this plan will be paid from a trust fund established by this plan. The plan and the trust fund are maintained for the exclusive benefit of the eligible employees and their beneficiaries. Except as hereinafter provided, no part of the trust fund will ever revert to the employer or be used for or diverted to purposes other than the exclusive benefit of the employees and their beneficiaries. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000; Ord. 1983 §1, 2013)

2-24-030  Definitions. Go to the top

When not clearly otherwise indicated by the context, the following words and phrases used in this chapter have the following meanings:

(A)  Actuarial or actuarially equivalent means equality in value of the aggregate amounts expected to be received under different forms of payment based on interest rate and mortality assumptions as hereinafter defined unless otherwise specifically provided in the plan:

(1)  Interest rate assumption for alternative periodic benefits. The interest rate used for purposes of computing alternative periodic forms of benefits is 7.5%.

(2)  Interest rate assumption for single-sum payments. The interest rate used for purposes of computing single-sum payments will be the immediate annuity rate, subject to adjustment as required for deferred annuities, used by the Pension Benefit Guaranty Corporation as of the January 1 coincident with or preceding the date as of which the amount of the alternative form of benefit is being determined hereunder.

(3)  Mortality assumption. The mortality assumption for calculations based upon the mortality of an employee or beneficiary will be a unisex rate that is 50% male, 50% female, taken from the 1983 Group Annuity Table. Said mortality assumption will be used until changed by plan amendment.

a.  Notwithstanding any other plan provisions to the contrary, the applicable mortality table used for purposes of adjusting any benefit or limitation under Code Section 415(b)(2)(B), (C), or (D) and the applicable mortality table used for purposes of satisfying the requirements of Code Section 417(e) is the applicable mortality table within the meaning of Code Section 417(e)(3)(B) (which is the mortality table, modified as appropriate by the Treasury Department, and specified for the plan year under Code Section 430(h)(3)(A) [without regard to subparagraph (C) or (D) of such section]).

b.  For any distribution with an annuity starting date on or after the effective date of this section and before the adoption of this section, if application of the amendment as of the annuity starting date would have caused a reduction in the amount of any distribution, such reduction is not reflected in any payment made before the adoption date of this section. However, the amount of any such reduction that is required under Code Section 415(b)(2) must be reflected actuarially over any remaining payments to the participant.

(B)  Civil union partner means the person with whom the employee has entered into a legally valid civil union as of the earlier of the date benefit payments to the employee commence under the plan or the employee's date of death. The employer may require documentation of a legal civil union before benefits are paid to a surviving civil union partner. A civil union partner shall not be treated as a spouse under this plan unless expressly provided in the plan.

(C)  Code means the Internal Revenue Code of 1986, as amended.

(D)  Disability means an occupational disability or total disability, as determined by the fire and police pension association, in accordance with the definitions in section 31-31-102, C.R.S.

(E)  Earnings mean the base salary or wages, including employee contributions that are picked up by the employer under subsection 2-24-040(B), B.M.C., pursuant to Code Section 414(h), but not including overtime, on-call, holiday, or other extra pay or bonuses, paid or made available by the employer to an employee for personal services rendered in the course of employment with the employer. Earnings shall be determined before applying any salary reduction agreed to by the employee pursuant to a plan described in sections 457, 403(b), 125, or 414(h) of the Code. Effective January 1, 2008, the amount of an employee's earnings for purposes of the plan during any plan year shall not exceed $230,000.00 subject to cost-of-living adjustments and special transition rules in accordance with Code Section 415(d).

(F)  Employee means a person, hired on or before April 7, 1978, who was a current employee of the police department and for which contributions were made to the policemen's pension fund created by the prior version of this chapter 2-24. Effective November 28, 2000, all current employees of the police department who were participants in the plan will be excluded from participation. Effective January 1, 1987, included as employees are leased employees within the meaning of Code Section 414(n)(2), except that if such leased employees constitute less than 20% of the police department's non-highly-compensated workforce within the meaning of Code Section 414(n)(1)(C)(ii), then the term employee does not include those leased employees covered by a plan described in Code Section 414(n)(5) unless otherwise provided by the terms of this plan.

(G)  Employer means the City and County of Broomfield, a Colorado municipal corporation and county.

(H)  Final earnings means the amount of the employee's earnings for one year immediately prior to the earlier of retirement, separation, or partial termination of the plan.

(I)  Plan means the plan adopted in this chapter.

(J)  Service means the period of employment used for determining eligibility for benefits. An employee's service is the employee's total period of continuous active employment with the employer. Service also includes years of service with any police or sheriff's department in the State of Colorado; provided, however, that service does not include any period of employment for which an employee has had a separation of employment resulting in a refund of contributions. Effective January 1, 1987, a leased employee as described in subsection 2-24-030(E), B.M.C., will neither participate in nor accrue benefits under the plan, based on service as a leased employee.

(K)  Surviving spouse or spouse means the person who is legally married, as determined under the Code, to the employee as of the earlier of the date benefit payments to the employee commence under the plan or the employee's date of death. The employer may require proof of marital status before benefits are paid to a surviving spouse.

(L)  Trust means trust created under section 2-24-050, B.M.C., and consists of all of the assets of the plan derived from employer and employee contributions, plus any income and gains thereto, less any losses, expenses, and distributions to employees and beneficiaries. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000; Ord. 1709 §1, 2003; Ord. 1897 §§1-3, 2008; Ord. 1945 §1, 2011; Ord. 1983 §§2, 3, 2013)

2-24-040  Contributions. Go to the top

(A)  Employer contributions. The employer shall contribute to the trust an amount equal to 13.829% of each employee's earnings. The employer, through the municipal general fund, shall be responsible for the payment of any pension earned by any retired employee under this chapter in accordance with section 31-30.5-103, C.R.S.

(B)  Employee contributions. Each employee shall contribute 10% of his or her earnings as a condition of employment and participation in the plan. Such contributions will be accounted for separately in an employee contribution account, which account will be at all times nonforfeitable by the employee. The employer may pick up such contributions in lieu of mandatory employee contributions. If the employer does not elect to pick up the 10% contribution, the employees will make such contribution in the manner provided in subsection (C) below. Employees may not choose to receive the pick-up contributions directly instead of having such contributions paid by the employer to the trust. Pick-up contributions will be treated as employer contributions.

(C)  Payment of employee contributions. If the employer elects not to pick up the 10% contribution, the employees will make such contribution by payroll deduction. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-050  Trust and investment of pension fund. Go to the top

(A)  Trust. A trust is hereby created to hold all of the assets of the plan for the exclusive benefit of employees and beneficiaries, except that expenses and taxes may be paid from the trust as provided in subsection (C) below. The employer or such other person or firm as may be designated by the board of trustees will be the trustee.

(B)  Investment powers. The trustee, acting as agent for the board of trustees, has the authority to invest trust assets in accordance with this plan and sections 31-30.5-201, 31-30.5-501, 31-30.5-502, 31-30.5-503, 31-31-301, and 31-31-302, C.R.S.

(C)  Taxes and expenses. All taxes of any and all kinds whatsoever that may be levied or assessed under existing or future laws upon, or in respect to the trust, or the income thereof, and all commissions on acquisitions or dispositions of securities and similar expenses of investment and reinvestment of the trust, will be paid from the trust. Such reasonable charges of the trustee, as may be agreed upon from time to time by the board of trustees and the trustee, and reimbursement for reasonable expenses incurred by the trustee or employer in performance of their duties hereunder, including but not limited to fees for legal, accounting, actuarial, investment, and custodial services, will also be paid from the trust. Taxes, charges, and expenses will be allocated between accounts on such equitable basis as the board of trustees, in their sole discretion, will determine.

(D)  Payment of benefits. The payment of benefits from the trust in accordance with the terms of the plan may be made by the trustee, or by any custodian or other person so authorized by the board of trustees to make such disbursement. The trustee, custodian, or other person is not liable with respect to any distribution of trust assets made at the direction of the board of trustees. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-060  Survivor benefits; death prior to retirement. Go to the top

If a person is entitled to a death benefit with respect to an employee in accordance with sections 31-31-807, 31-31-807.5, 31-31-808, and 31-31-810, C.R.S., then no benefit shall be payable from this plan with respect to such employee. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-070  Survivor benefits; death of retired employee. Go to the top

When a retired employee dies, the following benefits shall be paid:

(A)  To the spouse or civil union partner, 50% of the deceased's monthly retirement benefit, until and unless the spouse or civil union partner remarries or enters into a common law marriage.

(B)  If there is no spouse or civil union partner, then to any dependent parent or parents, 50% of the deceased's monthly retirement benefit.

(C)  To one dependent child, 25% of the deceased's monthly retirement benefit.

(D)  To two or more dependent children, a total combined benefit for all dependent children, 50% of the deceased's monthly retirement benefit. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000; Ord. 1983 §4, 2013)

2-24-075  Dependent children. Go to the top

Survivor benefits to dependent children continue as long as they are dependent. A dependent child means an unmarried child under the age of nineteen or, if such child is enrolled as a full-time student at an accredited institution of higher education, under the age of twenty-three and includes any child of whatever age who is so mentally or physically incapacitated that he or she cannot provide for himself or herself. The term also includes a child who is conceived but unborn at the date of the member's death or at the date of disability, whichever applies. Any applicable increase in benefits will occur upon birth. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-080  Retirement; amount of pension. Go to the top

(A)  Normal retirement date. The normal retirement date is the employee's fifty-fifth birthday, if such employee has twenty years of service or, in the alternative, the date such employee has twenty-five years of service, regardless of age. As of the normal retirement date, the employee shall be fully vested in his or her benefit.

(B)  Normal retirement benefit. The normal retirement benefit is an amount equal to 55% of the amount of the employee's earnings for one year immediately prior to retirement. Payments will be made on a monthly basis beginning on the first of the month coinciding with or following the employee's date of retirement. Such payments will be made regardless of income or earnings that the retired employee receives from any other source. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000; Ord. 1939 §1, 2011)

2-24-090  Delayed retirement benefits. Go to the top

If an employee continues as an employee after his or her normal retirement date, the normal retirement benefit will increase by 2% for each year of extra service. For example, if an employee works two years past his or her normal retirement, benefits are 59% of earnings, rather than 55% of earnings. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-100  Deferred retirement benefits; reduced when. Go to the top

(A)  An employee who has completed five years of service and who separates from employment prior to becoming eligible for normal retirement benefits will be entitled to a deferred retirement benefit, payable at such employee's normal retirement date, figured as if he or she had continued as an employee, equal to the vesting schedule outlined in this section. Employees completing more than fifteen years of service shall receive an additional 1% of benefit for each full year of service to a maximum of 55% of earnings.

Years of Employment Vested Percentage Amount of Benefit
Less than 5 0 0
5 or more 25 50% of final earnings
6 30 50% of final earnings
7 35 50% of final earnings
8 40 50% of final earnings
9 45 50% of final earnings
10 50 50% of final earnings
11 60 50% of final earnings
12 70 50% of final earnings
13 80 50% of final earnings
14 90 50% of final earnings
15 100 50% of final earnings
16 100 51% of final earnings
17 100 52% of final earnings
18 100 53% of final earnings
19 100 54% of final earnings
20 or more 100 55% of final earnings

(B)  Employees who are entitled to receive a disability benefit from the fire and police pension association pursuant to Section 31-31-803, 31-31-803.5, 31-31-804, 31-31-805, 31-31-806, and 31-31-806.5, C.R.S., are not entitled to receive retirement benefits under this plan. Those employees not entitled to benefits under such sections are covered by the city's life, accidental death and dismemberment, and long-term disability insurance policies.

(C)  Persons who have separated from employment prior to the effective date of the ordinance codified herein are entitled to a deferred retirement benefit based on the previous vesting schedule as set forth below:

Years of Employment Vested Percentage Amount of Benefit
Less than 5 0 0
5 or more 25 50% of final earnings
6 30 50% of final earnings
7 35 50% of final earnings
8 40 50% of final earnings
9 45 50% of final earnings
10 50 50% of final earnings
11 60 50% of final earnings
12 70 50% of final earnings
13 80 50% of final earnings
14 90 50% of final earnings
15 or more 100 50% of final earnings

(Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-110  Benefit payment; optional form. Go to the top

(A)  Lump sum benefit. At the request of a person entitled to a benefit, such benefit may be distributed as a lump sum. Lump sum benefits will be in an amount that is the actuarial equivalent of the benefit the person is entitled to receive and will not include cost of living adjustments as provided in section 2-24-120, B.M.C.

(B)  Time of distribution. A person with a vested right to a benefit may elect to receive a lump sum benefit at any time after the employee's separation from employment or upon a participant being excluded from eligibility due to a partial termination; provided, however, that all distributions will be determined and made in accordance with a reasonable and good-faith interpretation of the minimum distribution requirements under Internal Revenue Code Section 401(a)(9), and the Treasury Regulations issued under Code Section 401(a)(9), notwithstanding any provision of the plan to the contrary. An employee's entire vested accrued benefit must be distributed or begin to be distributed no later than the employee's required beginning date. In general, the employee's required beginning date is the first day of April following the calendar year in which the later of retirement or attainment of age 70½ occurs. If the employee dies after distribution of his or her benefit has begun, the remaining portion of such benefit, if any, will be distributed at least as rapidly as under the method of distribution being used prior to the employees' death. If the employee dies before distribution of his or her interest begins, distribution of the employee's entire benefit shall be completed by December 31 of the calendar year containing the fifth anniversary of the employee's death except to the extent that an election is made to receive distributions in accordance with Paragraph (1) or (2) below:

(1)  If any portion of the employee's interest is payable to a designated beneficiary, distributions may be made in the form of an immediate annuity for the life of the designated beneficiary (or over a period not extending beyond the life expectancy of the beneficiary) and distributions begin no later than December 31 of the calendar year immediately following the calendar year in which the employee dies;

(2)  If the designated beneficiary is the employee's surviving spouse, the date distributions are required to begin in accordance with Paragraph (1) above shall not be earlier than December 31 of the calendar year in which the employee would have attained age seventy and one-half.

If the employee has not made an election pursuant to this subsection by the time of his or her death, the employee's designated beneficiary must elect the method of distribution no later than the earlier of (1) December 31 of the calendar year in which distributions would be required to begin under this subsection, or (2) December 31 of the calendar year that contains the fifth anniversary of the date of death of the employee. If the employee has not designated a beneficiary, or if the designated beneficiary does not elect a method of distribution, distribution of the employee's entire interest must be completed by December 31 of the calendar year containing the fifth anniversary of the employee's death. If the surviving spouse dies after the employee, but before payments to the surviving spouse begin, the provisions of this subsection, with the exception of (2) above, shall be applied as if the surviving spouse were the employee. Any amount paid to a child of the employee shall be treated as if it had been paid to the surviving spouse if the amount becomes payable to the surviving spouse when the child reaches the age of majority.

(C)  Normal retirement benefits. Once a person begins receiving normal retirement benefits, he or she is not eligible for a lump sum benefit.

(D)  Effective January 1, 2006, in the event of a mandatory distribution greater than $1,000.00 as described in Code Section 401(a)(31)(B), if the employee does not elect to have such distribution paid directly to an eligible retirement plan specified by the participant in a direct rollover or to receive the distribution directly in accordance with sections 2-24-190 and 2-24-110, B.M.C., then the committee will pay the distribution in a direct rollover to an individual retirement account designated by the committee.

(E)  The employer will provide to each participant, no less than thirty days nor more than 180 days prior to the date the participant's benefit payment commences, a written explanation of the terms and conditions of the optional forms of payment under the plan, the participant's right to defer distributions, and the consequences of failing to defer receipt of the distribution. A participant may waive the thirty-day notice requirement described in the preceding sentence. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000; Ord. 1897 §§4, 5, 2008; Ord. 1983 §5, 2013)

2-24-120  Cost of living adjustment for employees. Go to the top

On April 1 of each year, pension benefits will be adjusted as necessary to reflect an increase or decrease in the cost of living. Such increase or decrease, as the case may be, will be based on the U.S. Department of Labor's Consumer Price Index for all Urban Consumers (CPI-U). Pension benefits are adjusted by comparing the January index value for each year to the January index value for the prior year. The pension benefit will be increased or decreased by the percent of change upon comparing the two indices. The cost of living adjustments will be made each year regardless of when the employee began receiving a retirement pension. Any adjustment in a given year will be limited to a maximum of 3% and in no case will any decrease reduce the benefit below the amount for which the employee was initially qualified. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-130  Claim for benefits. Go to the top

An employee or beneficiary must notify the employer in writing of a claim for benefits under the plan. The employer will take such steps as may be necessary to facilitate the payment of benefits to the employee or beneficiary. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-140  Maximum annual benefit. Go to the top

(A)  The annual benefit in the form of a single life annuity, with no ancillary benefits, provided by employer contributions, including employer pick-up contributions, for an employee with ten or more years of participation at age sixty-five will not exceed the limit under Code Section 415(b)(1)(A), as adjusted for cost of living increases as of each year. Effective January 1, 2008, the annual benefit above shall not exceed $185,000.00, as adjusted, effective January 1 of each year, under Code Section 415(d) in such manner as the secretary of the treasury may prescribe, and payable in the form of a straight life annuity. A limitation as adjusted under Code Section 415(d) will apply to limitation years ending with or within the calendar year for which the adjustment applies.

(1)  If the benefit the employee would otherwise accrue in a limitation year would produce an annual benefit in excess of the maximum accrual benefit, the benefit will be limited (or the rate of accrual reduced) to a benefit that does not exceed the maximum annual benefit.

(2)  If an employee is, or has ever been, covered under more than one defined benefit plan maintained by the employer, the sum of the employee's annual benefits from all defined benefit plans may not exceed the maximum annual benefit.

(3)  Effective January 1, 2008, the application of the provisions of this revised section 2-24-140, B.M.C. shall not cause the maximum annual benefit for any employee to be less than the employee's accrued benefit under all the defined benefit plans of the employer as of the end of the last limitation year beginning before July 1, 2007, under the provisions of the plans that were both adopted and in effect before April 5, 2007.

(4)  Except as provided in section 1.415(b)-1(c)(4) of the Treasury Regulations, where a benefit is payable in a form other than a single life annuity, the benefit shall be adjusted to an actuarially equivalent single life annuity that begins at the same time as such other form of benefit and is payable on the first day of each month before applying the limitations of this section.

a.  Effective for distributions after December 31, 2003, the determination of actuarial equivalence of forms of benefits other than a single life annuity shall be made in accordance with the following subsections:

1.  In the case of a benefit form to which Code Section 417(e)(3) does not apply, the actuarially equivalent single life annuity is equal to the annual amount of the single life annuity commencing at the same annuity starting date that has the same actuarial present value as the employee's form of benefit computed using whichever of the following produces the greater annual amount: a. the interest rate and mortality table specified in subsection 2-24-030(A), B.M.C., for adjusting benefits in the same form, and b. a five-percent interest rate assumption and the applicable mortality table defined in subsection 2-24-030(A), B.M.C., for that annuity starting date.

2.  In the case of a benefit form to which Code Section 417(e)(3) applies, the actuarially equivalent single life annuity will be determined as follows:

a)  If the annuity starting date of the employee's form of benefit occurred after January 1, 2005, the actuarially equivalent single life annuity is equal to the greatest of:

1)  The annual amount of the single life annuity commencing at the same annuity starting date that has the same actuarial present value as the employee's form of benefit, computed using the interest rate and mortality table in subsection 2-24-030(A), B.M.C., for adjusting benefits in the same form;

2)  The annual amount of the single life annuity commencing at the same annuity starting date that has the same actuarial present value as the employee's form of benefit, computed using a 5.5% interest rate assumption and the applicable mortality table in subsection 2-24-030(A), B.M.C.; and

3)  The annual amount of the single life annuity commencing at the same annuity starting date that has the same actuarial present value as the employee's form of benefit, computed using the applicable interest rate defined in subsection 2-24-030(A), B.M.C., and the applicable mortality table defined in subsection 2-24-030(A), B.M.C., divided by 1.05.

b)  If the annuity starting date of the employee's form of benefit occurred in 2004 or 2005, the actuarially equivalent single life annuity is equal to the annual amount of the single life annuity commencing at the same annuity starting date that has the same actuarial present value as the employee's form of benefit, computed using whichever of the following produces the greater annual amount:

1)  The interest rate and mortality table specified in subsection 2-24-030(A), B.M.C., for adjusting benefits in the same form; and

2)  A 5.5% interest rate assumption and the applicable mortality table defined in subsection 2-24-030(A), B.M.C.

However, the application of this subparagraph b) shall not cause the amount payable under the employee's form of benefit to be less than the benefit calculated under the plan, taking into account the limitations of this section, except that the actuarially equivalent single life annuity is equal to the annual amount of the single life annuity commencing at the same annuity starting date that has the same actuarial present value as the employee's form of benefit, computed using whichever of the following produces the greatest annual amount: 1) the interest rate and mortality table specified in subsection 2-24-030(A), B.M.C., for adjusting benefits in the same form; 2) the applicable interest rate and mortality table defined in the plan; and 3) the applicable interest rate defined in subsection 2-24-030(A) as in effect on December 31, 2003, under provisions of the plan then adopted and in effect and the applicable mortality table defined in the plan.

(B)  Except as provided in subsection (C) below, which imposes additional limitations on the amounts payable to employees with less than ten years of service, the foregoing limitation is not applicable with respect to any employee whose annual benefit under this plan, and any other defined benefit plan maintained by the employer, is less than $10,000, and such employee has not at any time participated in any defined contribution plan, within the meaning of section 415(k) of the Code, maintained by the employer.

(C)  In the event that an employee has less than ten years of participation in this plan and predecessor plans hereto, the dollar limitation otherwise applicable under subsection (A) above will be reduced by multiplying such limitation by a fraction, the numerator of which is the number of such employee's years of plan participation or part thereof, but never less than one, and the denominator of which is ten. This subsection will, to the extent required by the secretary of the treasury, be applied separately to each change in benefit structure hereunder. This subsection (C) will not apply to income received from the plan as a pension, annuity, or similar allowance as a result of the employee becoming disabled or benefits received by the beneficiaries, survivors, or the estate of an employee as a result of the death of the employee.

(D)  In the event subsection (B) does not apply, if the benefit under the plan begins before the participant attains age sixty-two, the dollar limitation in subsection (A) will be adjusted as follows:

(1)  If the annuity starting date for the employee's benefit occurs in a limitation year beginning before July 1, 2007, the dollar limitation for the employee's annuity starting date is the annual amount of a benefit payable in the form of a single life annuity commencing at the employee's annuity starting date that is the actuarial equivalent of the dollar limitation (adjusted under subsection (C) for years of participation less than ten, if required) with actuarial equivalence computed using whichever of the following produces the smaller annual amount: a) the interest rate specified in subsection 2-24-030(A), B.M.C., and the mortality table specified in subsection 2-24-030(A), B.M.C.; or b) a 5% interest rate assumption and the applicable mortality table as defined in subsection 2-24-030(A), B.M.C.

(2)  If the annuity starting date for the employee's benefit occurs in a limitation year beginning on or after July 1, 2007, the dollar limitation for the employee's annuity starting date is the lesser of: a) the annual amount of a benefit payable in the form of a single life annuity commencing at the employee's annuity starting date that is the actuarial equivalent of the dollar limitation (adjusted under subsection (C) for years of participation less than ten, if required) with actuarial equivalence computed using a 5% interest rate assumption and the applicable mortality table for the annuity starting date as defined in subsection 2-24-030(A), B.M.C., (and expressing the employee's age based on completed calendar months as of the annuity starting date); and b) the dollar limitation (adjusted under subsection (C) for years of participation less than ten, if required) multiplied by the ratio of the annual amount of the immediately commencing single life annuity under the plan at the employee's annuity starting date to the annual amount of the immediately commencing straight life annuity under the plan at age sixty-two, both determined without applying the limitations of this section.

(3)  The reduction in this subsection (D) will not apply with respect to an employee with respect to whom the period of service taken into account in determining the amount of the benefit under this plan includes at least fifteen years of service of the employee as a full-time employee of any police or fire department which is organized and operated by the employer or as a member of the Armed Forces of the United States.

(4)  This subsection (D) will not apply to income received from the plan as a pension annuity, or similar allowance as a result of the employee becoming disabled or to amounts received from the plan by beneficiary survivors or the estate of the employee as a result of the death of the employee.

(5)  This subsection (D) shall not reduce the limitation of subsection (A) above: a) $75,000.00 if the benefit begins at or after age fifty-five; or b) if the benefit begins before age fifty-five, the equivalent of the $75,000.00 limitation for age fifty-five.

(E)  In the event that subsection (B) does not apply, if payments of the benefit under the plan begins after the employee's attainment of age sixty-five, the dollar limitation in subsection (A) will be adjusted as follows:

(1)  If the annuity starting date for the employee's benefit occurs in a limitation year beginning before July 1, 2007, the dollar limitation for the employee's annuity starting date is the annual amount of a benefit payable in the form of a single life annuity commencing at the employee's annuity starting date that is the actuarial equivalent of the dollar limitation (adjusted under subsection (C) for years of participation less than ten, if required) with actuarial equivalence computed using whichever of the following produces the smaller annual amount: a) the interest rate specified in subsection 2-24-030(A), B.M.C., and the mortality table specified in subsection 2-24-030(A), B.M.C.; or b) a 5% interest rate assumption and the applicable mortality table as defined in subsection 2-24-030(A), B.M.C.

(2)  If the annuity starting date for the employee's benefit occurs in a limitation year beginning on or after July 1, 2007, and the plan has an immediately commencing single life annuity payable at both age sixty-five and the age of benefit commencement, the dollar limitation at the employee's annuity starting date is the lesser of: a) the annual amount of a benefit payable in the form of a single life annuity commencing at the employee's annuity starting date that is the actuarial equivalent of the dollar limitation (adjusted under subsection (C) for years of participation less than ten, if required) with actuarial equivalence computed using a five-percent interest rate assumption and the applicable mortality table for the annuity starting date, as defined in subsection 2-24-030(A), B.M.C., of the plan (and expressing the employee's age based on completed calendar months as of the annuity starting date); and b) the dollar limitation (adjusted under subsection (C) for years of participation less than ten, if required) multiplied by the ratio of the annual amount of the immediately commencing single life annuity under the plan at the employee's annuity starting date to the annual amount of the immediately commencing single life annuity under the plan at age sixty-five, both determined without applying the limitations of this section. For this purpose, the adjusted immediately commencing single life annuity under the plan at the employee's annuity starting date is the annual amount of such annuity payable to the employee, computed disregarding the employee's accruals after age sixty-five but including actuarial adjustments even if those actuarial adjustments are used to offset accruals; and the adjusted immediately commencing single life annuity under the plan at age sixty-five is the annual amount of such annuity that would be payable under the plan to a hypothetical participant who is age sixty-five and has the same accrued benefits as the employee.

(F)  Notwithstanding the other requirements of this section 2-24-140, B.M.C., no adjustment shall be made to the dollar limitation to reflect the probability of an employee's death between the annuity starting date and age sixty-two, or between age sixty-five and the annuity starting date, as applicable, if benefits are not forfeited upon the death of the participant prior to the annuity starting date. To the extent benefits are forfeited upon death before the annuity starting date, such an adjustment shall be made. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000; Ord. 1897 §§6-9, 2008; Ord. 1910 §§1-5, 2009)

2-24-170  Restrictions on the 25 highest paid employees effective after December 31, 2000. Go to the top

(A)  Restriction of benefits. In the event of plan termination, the benefit hereunder of any highly compensated former employee, as defined in Code Section 414(q), is limited to a benefit that is nondiscriminatory under Code Section 401(a)(4).

(B)  Restriction on distributions. The annual payments to any high-25 employee as defined below are restricted to an amount equal to the payments that would be made on behalf of the employee under a single life annuity that is the actuarial equivalent of the sum of the employee's accrued benefit and the employee's other benefits under the plan. The restrictions do not apply, however, if:

(1)  After payment to such employee of all such benefits, the value of plan assets equals or exceeds 110% of the value of current liabilities as defined in Code Section 412(1)(7), or

(2)  The value of such benefits for such an employee is less than 1% of the value of such current liabilities.

(C)  Employees whose benefits are restricted - high-25 employees. The employees for any given plan year whose benefits are restricted under subsection (B) above (high-25 employees) include the twenty-five highest paid, for such plan year, of all highly compensated employees and highly compensated former employees as defined under Code Section 414(q).

(D)  Benefit defined. For purposes of subsection (B) above, benefit includes loans in excess of the amounts set forth in Code Section 72(p)(2)(A), any periodic income, any withdrawal values payable to a living employee, and any death benefits not provided for by insurance on the employee's life. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-180  Amendment of the plan. Go to the top

If the plan is amended to increase benefits which would substantially increase the extent of possible discrimination as to contributions or as to benefits upon termination of the plan, the restrictions set forth in section 2-24-170, B.M.C., when the section is effective, will be applied to the plan as if it were a new plan established on the date of such change. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-190  Notice of rollover and tax treatment. Go to the top

(A)  Notwithstanding any provision of the plan to the contrary that otherwise would limit an employee's distribution election under the plan, an employee may elect, at any time and in the manner prescribed by the committee, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the participant in a direct rollover.

(B)  Definitions.

(1)  Eligible rollover distribution. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the participant, except that an eligible rollover distribution does not include (i) any distribution that is one in a series of substantially equal periodic payments (not less frequently than annually), made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; (ii) any distribution to the extent the distribution is required under Code Section 401(a)(9); (iii) the portion of any distribution that is not includable in gross income (this exclusion does not apply to distributions that are after-tax employee contributions or Roth elective deferral contributions on and after January 1, 2007, by means of a direct rollover to a qualified plan or to a Code Section 403(b) plan that agrees to account separately for the transferred amounts (and earnings thereon), including to account separately for the portion of such distribution which is includable in gross income and the portion of such distribution which is not so includable); (iv) any distribution made upon the hardship of the employee; and (v) any distribution that is expected to total less than $200.00 during a year. A portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions which are not includable in gross income. However, such portion may be transferred only to an individual retirement account or annuity described in Code Section 408(a) or (b), or to a qualified defined contribution plan described in Code Sections 401(a) or 403(a) that agrees to separately account, or to an annuity contract described in Code Section 403(b) and such plan or contract provides for separate accounting for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution which is includable in gross income and the portion of such distribution which is not so includable. An eligible rollover distribution shall include any distribution to a designated beneficiary which would be treated as an eligible rollover distribution by reason of Code Section 402(c)(11), or Code Sections 403(a)(4)(B), 403(b)(8)(B), or 457(e)(16)(B), if the requirements of Code Section 402(c)(11) were satisfied. Amounts transferred from a trust under a plan qualified under Code Section 401(a) to a nonqualified foreign trust are treated as a distribution from the transferor plan.

(2)  Eligible retirement plan. An eligible retirement plan is an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b), a qualified trust described in Code Section 401(a), an annuity plan described in Code Section 403(a), an annuity contract described in Code Section 403(b) that accepts the distributee's eligible rollover distribution, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A), and which agrees to separately account for amounts transferred into such plan from this plan, or a Roth IRA described in Code Section 408A(b), that accepts the distributee's eligible rollover distribution. This definition of eligible retirement plan also will apply to a distribution made to a surviving spouse or to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, or to a nonspouse beneficiary (but for a nonspouse beneficiary, eligible retirement plan shall be limited to individual retirement accounts and individual retirement annuities). If any portion of an eligible rollover distribution is attributable to payments or distributions from a designated Roth account, an eligible retirement plan with respect to such portion shall include only another designated Roth account of the individual from whose account the payments or distributions were made, or a Roth IRA of such individual. Such term shall include any distribution to a designated beneficiary which would be treated as an eligible rollover distribution by reason of Code Section 402(c)(11), or Code Sections 403(a)(4)(B), 403(b)(8)(B), or 457(e)(16)(B), if the requirements of Code Section 402(c)(11) were satisfied.

(3)  Distributee. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order are distributees with regard to the interest of the spouse or former spouse. Solely with respect to an eligible retirement plan which is an individual retirement account described in Code Section 408(a) or an individual retirement annuity described in Code Section 408(b), a distributee also will include the employee's or former employee's nonspouse beneficiary.

a.  Nonspouse beneficiary rollover: A designated beneficiary who is not the participant's surviving spouse is a distributee with respect to the interest of the designated beneficiary if the distribution that is otherwise an eligible rollover distribution is made by a direct trustee-to-trustee transfer ("direct rollover") to an individual retirement account described in Code Section 408(a) or an individual retirement annuity described in Code Section 408(b) that is established for the purposes of receiving the distribution on behalf of the designated beneficiary. Distributions from the plan to a nonspouse beneficiary are not eligible for a sixty-day rollover. A nonspouse beneficiary may not rollover an amount which is a required minimum distribution.

b.  Trust beneficiary: If the participant's named beneficiary is a trust that satisfies the requirements to be a designated beneficiary under Code Section 401(a)(9)(E), the plan may make a direct rollover to an individual retirement account on behalf of the trust.

(4)  Direct rollover. A direct rollover is a payment by the plan to the eligible retirement plan as specified by the distributee.

(C)  Procedures. The committee may establish procedures for the distribution of eligible rollover distributions, including any limitations on the amount eligible for a rollover distribution, to the extent permitted by law. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000; Ord. 1667 §1, 2002; Ord. 1897 §10, 2008; Ord. 1945 §§2-4, 2011; Ord. 1983 §6, 2013)

2-24-200  Employer and trustee powers and duties. Go to the top

(A)  Powers and duties of the employer and trustee. The employer and the trustee, or both, as agents for the board of trustees, will perform administrative functions in connection with the plan, including maintenance of the trust fund, the provision of periodic reports of the state of the trust fund and the disbursement of benefits on behalf of the board of trustees in accordance with the provisions of this plan.

(B)  Protection of the board of trustees and the employer. Neither the employer nor the board of trustees is liable for the acts or omissions of the trustee.

(C)  Protection of trustee. The trustee may rely upon any certificate, notice, or direction signed by the board of trustees or its designee.

(D)  Resignation or removal of trustee. The trustee may resign at any time effective upon sixty days' prior written notice to the employer and board of trustees. The trustee may be removed by the board of trustees at any time upon written notice to the trustee. Upon the resignation or removal of the trustee, the board of trustees may, if it so elects, appoint a successor trustee having such powers and duties as may be agreed upon by the board of trustees and any such trustee. Otherwise, the employer will assume the powers and duties of the former trustee, and any trust assets held by the trustee will be returned to the employer. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-210  Board of trustees. Go to the top

(A)  Membership. The plan is administered by a board of trustees comprised of three persons:

(1)  The city manager or a designee thereof;

(2)  The finance director; and

(3)  The mayor.

(B)  Chairman. One person will be elected chairman of the board of trustees each year by majority vote of the board members.

(C)  Powers and duties. The board of trustees has the authority to make all discretionary decisions affecting the rights or benefits of employees that may be required in the administration of the plan; to arrange for administration and investment of the plan in accordance with section 31-31-502(1)(a), C.R.S.; to establish a noninsured trust pension plan in accordance with section 31-30.5-502(1)(b), C.R.S.; to adopt necessary rules and regulations for managing and discharging its duties not inconsistent with applicable state statutes and this chapter; and to take such other action as may be necessary or convenient to administer the terms of this chapter. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-220  Assignment of benefits. Go to the top

(A)  General rules. All amounts payable by the board of trustees shall be paid only to the person entitled to them, and all such payments shall be paid directly to such person and not to any other person or corporation. Such payments are not to be subject to the claim of any creditor of a participant, nor are such payments to be taken in execution by attachment or garnishment or by any other legal or equitable proceedings. No person has any right to alienate, anticipate, commute, pledge, encumber, or assign any payments or benefits which he or she may expect to receive, contingently or otherwise, under this plan, except the right to designate a beneficiary or beneficiaries; provided, however, that this section does not affect, restrict, or abridge any right of set off or lien which the trust may have by law.

(B)  Qualified domestic relations orders. Effective October 1, 1991, notwithstanding subsection (A) above, the board of trustees may approve payment to an alternate payee based upon any assignment for child support as provided in sections 14-10-118(1) and 14-14-107, C.R.S., or writ of garnishment resulting from judgments for arrearage of child support or child support debt. Any such payment shall not be deemed to be a prohibited alienation of benefits. Subsection (A) above shall also apply to the creation, assignment, or recognition of a right to any benefit payable with respect to a participant pursuant to a domestic relations order unless such order is determined to be a qualified domestic relations order, as defined in section 14-10-113(6), C.R.S. The board of trustees may adopt rules or procedures governing the implementation of the domestic relations order. Such rules or procedures may include the requirement that the parties and the court may use a standardized domestic relations order form provided by the board of trustees. Compliance with provisions of section 14-10-113(6), C.R.S., by a public employee retirement plan shall not subject the plan to any portion of the Employee Retirement Income Security Act of 1974. No payments shall commence prior to the date payments would normally commence under this plan. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-225  Uniformed Services Employment and Reemployment Rights Act. Go to the top

Notwithstanding any provision of the plan to the contrary, contributions, benefits, and service credit with respect to uniformed services of the United States will be provided in accordance with Code Section 414(u).

(A)  Qualified military service means any service in the uniformed services (as defined in Chapter 43 of Title 38, United States Code) by any individual if such individual is entitled to reemployment rights under such chapter with respect to such service.

(B)  Effective for years beginning on or after January 1, 2007, if a participant dies while performing qualified military service, the survivors of the participant are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the plan as if the participant had resumed employment with the employer and then died.

(C)  Effective for years beginning on or after January 1, 2009:

(1)  An individual receiving a differential wage payment, as defined in Code Section 3401(h)(2), shall be treated as an employee of the employer making the payment;

(2)  The differential wage payment shall be treated as compensation for purposes of Code Section 415 and any other Code Section that references the definition of compensation under Code Section 415; and

(3)  The plan shall not be treated as failing to meet the requirements of any provision described in Code Section 414(u)(1)(C) by reason of any contribution or benefit which is based on the differential wage payment. This paragraph (3) applies only if all employees of the employer performing service in the uniformed services described in Code Section 3401(h)(2)(A) are entitled to receive differential wage payments on reasonably equivalent terms and, if eligible to participate in the plan, to make contributions based on the differential wage payments on reasonably equivalent terms. (Ord. 1506 §1, 2000; Ord. 1945 §5, 2011)

2-24-230  Nonguarantee of employment. Go to the top

Nothing contained in this plan will be construed as a contract of employment between the employer and any employee, or as a right of an employee to be continued in the employment of the employer, or as a limitation of right of the employer to discharge any of its employees, with or without cause. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-240  Merger or consolidation. Go to the top

The employer may merge or consolidate this plan with any other plan and may transfer the assets or liabilities of the plan to any other plan if each participant in the plan, if the plan then terminated, would receive a benefit immediately after the merger, consolidation, or transfer which is equal to or greater than the benefit he or she would have been entitled to receive immediately before the merger, consolidation, or transfer, if the plan then had terminated. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-250  Termination and amendment. Go to the top

(A)  Termination of plan. Upon termination or partial termination of the plan, all participants affected, as of the date such termination or partial termination occurred, will be fully vested in their respective accrued benefits. The interests of the employees and beneficiaries, as determined by the enrolled actuary, affected will be liquidated after provision is made for the expenses of liquidation, by the payment, or provision for payment, of benefits accrued to the date of termination or partial termination, in the following order of precedence:

(1)  With respect to each employee who retired on or after his or her normal retirement date, continuation of payment of his or her normal pension in course of payment on the date of termination of the plan;

(2)  With respect to each contingent pensioner who is receiving a pension on the date of termination of the plan, payment of a survivor's pension, based on the deceased employee's service and compensation before his or her retirement;

(3)  With respect to each employee who has reached his or her normal retirement date before the date of termination of the plan, payment of a normal pension, based on his or her service and compensation before the date of termination of the plan;

(4)  With respect to each retired employee whose retirement occurred before his or her normal retirement date, continuation of payment of his or her pension in course of payment on the date of termination of the plan;

(5)  With respect to each employee who is eligible for an early or vested pension at the date of termination of the plan, payment of a pension determined as the actuarial equivalent of his or her accrued benefit;

(6)  With respect to each employee who is not entitled to a pension under paragraphs (1), (2), (3), (4), and (5) above, payment of a pension determined as the actuarial equivalent of his or her accrued benefit.

(B)  Amendments to plan. The city may amend this plan at any time; provided, however, that such amendment does not revert any part of the trust to the employer, except as provided in section 2-24-240, B.M.C., and which does not cause any part of the trust to be used for or diverted to any purpose other than the exclusive benefit of employees and beneficiaries under the plan. Any amendment that either increases or decreases benefits shall be made only with the consent of at least 65% of the total votes cast by both active employees and those former employees who have earned rights or benefits under the plan at an election or vote called for that purpose. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)

2-24-260  Plan assets; amount returnable to employer. Go to the top

In no event will the employer receive any amounts from the trust, except as set forth below:

(A)  Upon termination of the plan, the employer will receive such amount, if any, as may remain after the satisfaction of all liabilities of the plan to employees and beneficiaries, and arising out of any variations between actual requirements and expected actuarial requirements.

(B)  If a contribution is made by the employer due to a mistake of fact, such contribution may be returned to the employer. (Ord. 1019 §1, 1993; Ord. 1506 §1, 2000)


Chapter 2-25

Money Purchase Plan for Peace Officers

2-25-010  Establishment. Go to the top

The city hereby establishes the money purchase plan and trust as set forth in this chapter. (Ord. 745 §1(part), 1987; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002)

2-25-020  Purpose. Go to the top

The purpose of this plan and trust is to provide funds for retirement of the employees covered by this plan, and to provide funds for their beneficiaries in the event of death. The benefits provided in this plan shall be paid from the trust. The plan and the trust forming a part hereof are adopted and shall be maintained for the exclusive benefit of employees and their beneficiaries. Except as provided in this chapter, no part of the trust shall revert to the employer or be used for or diverted to purposes other than the exclusive benefit of employees and their beneficiaries. (Ord. 745 §1(part), 1987; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002)

2-25-030  Definitions.Go to the top

For the purpose of this chapter, the following terms have the indicated meanings:

(A)  Accounting date means the last working day of each calendar month, or of each calendar quarter, or of such other regular period as the employer shall determine.

(B)  Beneficiary means the person designated by the employee who shall receive any benefits payable hereunder in the event of the employee's death.

(C)  Civil union partner means the person with whom the employee has entered into a legally valid civil union as of the earlier of the date benefit payments to the employee commence under the plan or the employee's date of death. The employer may require documentation of a legal civil union before benefits are paid to a surviving civil union partner. A civil union partner shall not be treated as a spouse under the plan unless expressly provided in the plan.

(D)  Code means the Internal Revenue Code of 1986, as amended from time to time.

(E)  Committee means the pension committee for peace officers, which shall be a five-person committee appointed to administer the plan.

(F)  Compensation means the base wages or salary, including employee contributions that are picked up by the employer pursuant to a salary reduction agreement described in sections l25, 132(f)(4), 401, 403, 414(h), or 457 of the Internal Revenue Code or any pre-tax contributions made by the employee to an employee welfare benefit plan providing benefits under a health reimbursement arrangement. Compensation shall exclude overtime, on-call, holiday, paid-out leave, or other extra pay or bonuses, paid or made available by the employer to an employee for personal services rendered in the course of employment with the employer. In the case of an eligible participant in a governmental plan (within the meaning of section 414(d) of the Internal Revenue Code of 1986), the dollar limitation under section 401(a)(17) of such Code shall not apply to the extent the amount of compensation which is allowed to be taken into account under the plan would be reduced below the amount which was allowed to be taken into account under the plan as in effect on July 1, 1993. Effective January 1, 2008, the amount of an employee's compensation for purposes of the plan during any plan year shall not exceed $230,000.00, as adjusted for cost-of-living increases in accordance with section 401(a)(17)(B) of the Code.

(G)  Disability, occupational or disability, total, is as determined by the fire and police pension association, in accordance with the definitions in section 31-31-102, C.R.S.

(H)  Employee means an individual who either is (1) a full-time employee of the employer hired on or after April 8, 1978, and whose duties are directly involved with the provision of police protection, or (2) a police department employee employed by the employer on or before April 7, 1978, whose participation in the police pension plan for "old hire" police officers has terminated on November 28, 2000, due to partial termination of that plan, as certified by the employer. Effective January 1, 2001, the term employee shall include full-time detention officers. The term does not include clerical, dispatch, community service, or other non-sworn personnel whose services are auxiliary to police protection, nor does the term include an individual providing services on a contractual or voluntary basis.

(I)  Employee contribution account means the bookkeeping account maintained for each employee, including the following subaccounts:

(1)  Mandatory contribution subaccount, which is the cumulative amount of the employee's mandatory contributions, including contributions picked up under subsection 2-25-050(C);

(2)  Voluntary contribution subaccount, which is the cumulative amount of the employee's voluntary employee contributions made pursuant to subsection 2-25-050(D);

(3)  Employee FPPA contribution subaccount, which is the cumulative amount of the employee's mandatory contributions refunded from the FPPA under paragraph 2-25-050(L)(1);

(4)  Rollover contribution subaccount, which is the cumulative amount of the employee's rollover contributions made pursuant to subsection 2-25-050(G)(1);

(5)  Employee transferred contribution subaccount, which is the cumulative amount of transferred contributions representing employee contributions made pursuant to subsection 2-25-050(G)(2); and

(6)  Any other subaccounts as determined by the employer from time to time.

Such subaccounts will include any gains, losses, expenses, or increases or decreases in market value attributable to investment of the account, and will reflect any distribution to the employee or the employee's beneficiary and any fees or expenses charged against such account.

(J)  Employer or city means the City and County of Broomfield, a Colorado municipal corporation and county.

(K)  Employer contribution account means the bookkeeping account maintained for each employee, including the following subaccounts:

(1)  Employer contribution subaccount, which is the cumulative amount of the employer's contributions, other than contributions picked up under subsection 2-25-050(C);

(2)  Employer FPPA contribution subaccount, which is the cumulative amount of the employer contributions refunded from the FPPA under paragraph 2-25-050(L)(2);

(3)  Employer transferred contribution subaccount, which is the cumulative amount of transferred contributions representing employer contributions made pursuant to paragraph 2-25-050(G)(2);

(4)  Rehired employee employer contribution account, which is the cumulative amount of the employer's contributions in the case of an employee who has been rehired and at the time of initial separation only was vested partially under subsection 2-25-070(B); and

(5)  Any other subaccounts as determined by the employer from time to time.

Such subaccounts will include any gains, losses, expenses, or increases or decreases in market value attributable to investment of the account, and will reflect any distribution to the employee or the employee's beneficiary, and any fees or expenses charged against such account.

(L)  Limitation year means the twelve-consecutive-month period for which compensation is calculated for the purpose of determining the contribution limitations under subsection 2-25-050(H) of this chapter. The limitation year shall be the plan year.

(M) Nonforfeitable interest means the interest of the employee or his or her beneficiary (whichever is applicable) in that percentage of his or her employer contribution account balance which has vested pursuant to section 2-25-070. An employee shall, at all times, have a nonforfeitable interest in his or her employee contribution account.

(N)  Normal retirement age means age fifty-five and has completed five or more years of service.

(O)  Plan means the money purchase plan for peace officers set forth in this chapter, as amended from time to time.

(P)  Plan year means the calendar year.

(Q)  Surviving spouse or spouse means the person who is legally married, as determined under the Code, to the employee as of the earlier of the date benefit payments to the employee commence under the plan or the employee's date of death. The employer may require proof of marital status before benefits are paid to a surviving spouse.

(R)  Suspense account means an account maintained as a part of the trust which contains any excess annual additions or forfeitures until used as specified in this chapter.

(S)  Trust means the trust created under section 2-25-060, B.M.C. which shall consist of all the assets of the plan derived from employer and employee contributions under the plan, plus any income and gains thereon, less any losses, expenses, and distributions to employees and beneficiaries.

(T)  Trustee means the trustee selected by the employer.

(U)  Years of service, effective January 1, 2001, means a plan year during which an employee has not less than 1,000 hours of full-time service. Only for vesting purposes and only for employees who are employed with the employer on or after September 1, 2003, a part-time employee as defined in subsection 2-14-020(Y), B.M.C., who is appointed to a full-time position will be credited one-half of a year of service for each plan year in which the part-time employee is credited with at least 500 hours of part-time service in the plan year for which service is credited. Under no circumstance will more than a half of a year of service be credited for any plan year in which the employee is employed as a part-time employee. (Ord. 745 §1(part), 1987; Ord. 1208 §1, 1996; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002; Ord. 1744 §1, 2003; Ord. 1820 §1, 2005; Ord. 1898 §§2—4, 2008; Ord. 1984 §§1, 2, 2013; Ord. 1997 §1, 2014)

2-25-040  Plan participation. Go to the top

(A)  An employee shall become a participant in the plan on the first day of employment as an eligible employee. There are no waiting periods or minimum age requirements for participation.

(B)  A participant in the plan that was in effect prior to the adoption of the restated plan shall remain as a participant, and prior service earned under the previous plan will apply to this restated plan.

(C)  Participation in the plan shall not confer upon a participant any employment rights, nor shall it interfere with the employer's right to terminate the employment of any employee at any time. (Ord. 745 §1(part), 1987; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002)

2-25-050  Contributions. Go to the top

(A)  Employer contributions. For each plan year, the employer shall contribute to the trust on behalf of each employee, 10% of his or her compensation for the plan year. The employer's full contribution for any plan year shall be due and paid not later than thirty days after the close of the plan year.

(B)  Forfeitures. All amounts forfeited by reason of separation, pursuant to subsection 2-25-070(G), shall be used as contributions to the plan and shall offset and reduce employer contributions or plan expenses as determined by the committee.

(C)  Mandatory employee contributions. Each employee shall contribute 10% of his or her compensation for the plan year as a condition of employment and participation in the plan. Such contributions shall be accounted for separately in the mandatory employee contribution subaccount as provided in section 414(h)(2) of the Code. Mandatory employee contributions that are picked up by the employer are treated as employee contributions except for federal income tax purposes. Such contributions are fully vested, but for tax reporting they are treated as employer contributions.

(D)  Voluntary employee contributions. An employee may make voluntary contributions under the plan for any plan year in any amount up to the maximum percentage of compensation permitted by law. Such contributions shall be accounted for separately in the voluntary contribution subaccount. Such subaccount shall be at all times nonforfeitable by the employee.

(E)  Payment of employee contributions. Mandatory employee contributions and voluntary employee contributions shall be made by payroll deduction.

(F)  Changes in voluntary contributions. An employee may elect to change his or her voluntary contribution rate, provided that only one such change shall be allowed during any plan year. An employee may discontinue voluntary contributions at any time. Once an employee discontinues voluntary contributions, he or she may not resume voluntary contributions for six calendar months.

(G)  Portability of benefits.

(1)  Rollover contributions. Effective for distributions on and after January 1, 2002, an employee may roll over all or part of his or her interest in:

a.  A plan qualified under sections 401(a) or 403(a) of the Code, including after-tax employee contributions;

b.  An annuity contract described in section 403(b) of the Code;

c.  An eligible plan under section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state;

d.  All or portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the Code that is eligible to be rolled over and would otherwise be includable in gross income; provided that such rollover is a qualifying rollover distribution under the requirements of the Code and is approved by the employer.

(2)  Transferred contributions.

a.  If the employee was a participant in the money purchase plan for general employees, and due to a transfer of employment, becomes eligible to participate in the plan, the employee may elect, in a form acceptable to the employer, to transfer his or her interest in the money purchase plan for general employees to the plan. The interest transferred will include both vested and unvested account balances. The amount of employer contributions including related gains, income or losses transferred to the plan will be accounted for separately in the employer transferred contribution subaccount.

The amount of employee contributions including related earnings, income or losses transferred to the plan will be accounted for separately in the employee transferred contribution subaccount.

b.  If the employee was a participant in the police pension plan for "old hire" police officers or the pension plan for general employees, and becomes eligible to participate in the plan, the employee may elect, in a form acceptable to the employer, to transfer his or her interest in the police pension plan for "old hire" police officers or the pension plan for general employees to this plan. The amount rolled over shall be deposited in the trust and shall be credited to an employee transferred contribution subaccount.

(H)  Limitation on annual addition. Effective January 1, 2008, the annual addition to an employee's accounts for a limitation year shall not exceed his or her maximum annual addition, which shall be the lesser of:

(1)  $46,000.00, as adjusted for increases in the cost of living under section 415(d) of the Code; or

(2)  100% of the participant's compensation, within the meaning of section 415(c)(3) of the Code, for the limitation year.

Effective January 1, 1997, the term compensation for purposes of this section will include any elective deferral, as defined in Code Section 402(g)(3), and any amount which is contributed or deferred by the employer at the election of the employee and which is not includable in the gross income of the employee by reason of Code Sections 125, 132(f)(4), or 457. The compensation limit referred to in subparagraph (2) above shall not apply to any contribution for medical benefits after separation from service, within the meaning of section 401(h) or section 419A(f)(2) of the Code, which is otherwise treated as an annual addition. Deemed section 125 compensation (within the meaning of section 1.415(c)-2(g)(6)(ii) of the Treasury Regulations) will not be counted for purposes of determining amounts not included in the employee's gross income by reason of section 125 of the Code. For limitation years beginning on or after January 1, 2005, payments made within two-and-one-half months after an employee's severance from employment (within the meaning of section 401(k)(2)(B)(i)(I) of the Code) will constitute compensation under this paragraph if such payments would have been paid to the employee prior to and absent his or her severance from employment and if such payments represent:

a.  Remuneration for services performed by the employee during the employee's regular working hours;

b.  Remuneration for services performed by the employee outside the employee's regular working hours;

c.  Commissions;

d.  Bonuses or similar remuneration; and

e.  Accrued bona fide sick, vacation, or other leave, but only if the employee would have been able to use the leave if he or she had continued employment.

Payments not described in subparagraphs a. through e. above do not constitute compensation under this paragraph even if paid within two and one-half months following an employee's severance from employment except for payments to an individual not currently performing services for the employer by reason of qualified military service (within the meaning of Chapter 43 of Title 38, U.S.C.) to the extent such payments do not exceed the amounts the individual would have received if the individual had continued to perform services for the employer in lieu of entering qualified military service.

(I)  Annual addition.

(1)  The annual addition to an employee's accounts for a limitation year shall be the sum of:

a.  Employer contributions and forfeitures applied pursuant to subsection (B) above, amounts reapplied pursuant to subsection (J) below; and

b.  Employee contributions.

(2)  The term annual addition does not include:

a.  A restorative payment (as defined in section 1.415(c)-1(b)(2)(ii)(C) of the Treasury Regulations;

b.  The direct transfer of a benefit or employee contributions from a qualified plan to this plan;

c.  A "qualifying rollover distribution" described in paragraph (G)(1) above;

d.  Repayments of loans made to a participant from the plan;

e.  Repayments of contributions to a government plan (as described in Section 415(k)(3) of the Code), as well as employer restoration of benefits that are required pursuant to the repayments.

(J)  Elimination of excess annual additions. Any annual addition in excess of the limitations of subsection (H) above shall be eliminated in accordance with the Employee Plans Compliance Resolution System, as set forth in Revenue Procedure 2006-27 or any superseding guidance, including, but not limited to, the preamble of the final regulations issued under section 415 of the Code.

(K)  Participant in other defined contribution plans. Notwithstanding any other provision in this plan, if any annual additions are allocated under any other defined contribution plans maintained by the employer with respect to an employee, and the annual additions to the employee's accounts under all of the defined contribution plans, treated as a single plan, would, but for this subsection, exceed his or her maximum annual addition for a limitation year, then his or her annual additions shall be reduced first in accordance with such other plans, if they provide for such reduction in this situation, and then to the extent necessary in accordance with subsection (J) above. For purposes of this subsection defined contribution plan shall have the meaning set forth in section 415(k) of the Code and the regulations thereunder.

(L)  Refunded contributions from the FPPA. Moneys refunded upon withdrawal from the Fire and Police Pension Association pursuant to section 31-31-401, C.R.S., shall be used as contributions to the plan established in this chapter, as follows:

(1)  Each employee FPPA contribution subaccount shall be credited with an amount equal to the total amount of contributions paid by the employee to the Fire and Police Pension Association, through December 31, 1987, and earnings or losses thereon.

(2)  Each employer FPPA contribution subaccount shall be credited with an amount equal to the total amount of contributions paid by the employer to the Fire and Police Pension Association on behalf of such employee, through December 31, 1987, and earnings or losses thereon.

(3)  If the employer receives any refund of contributions paid by it to the Fire and Police Pension Association on behalf of former employees electing to have accumulated contributions refunded pursuant to section 31-31-404, C.R.S., such refunded contributions, adjusted for any earnings or losses thereon, shall offset and reduce the employer contributions required in subsection (A) above, until the refunded moneys are exhausted.

(4)  For the purposes of paragraphs (1) and (2) of this subsection, earnings and losses shall be distributed to each account based on the ratio that the contribution amounts credited to each account, pursuant to paragraphs (1) and (2) above, bear to the total contribution amounts refunded by the Fire and Police Pension Association. (Ord. 745 §1(part), 1987; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002; Ord. 1820 §2, 2005; Ord. 1898 §§5-7, 2008)

2-25-060  Trust and investment of accounts. Go to the top

(A)  Trust. A trust is hereby created to hold all of the assets of the plan for the exclusive benefit of employees and beneficiaries, except that expenses and taxes may be paid from the trust as provided in subsection (C) below. The employer, or such other person as may be designated by the city manager, shall be the trustee.

(B)  Investment powers. The trustee, acting as agent for the employer, shall have the authority to invest trust assets in accordance with this plan.

(C)  Taxes and expenses. All taxes of any and all kinds whatsoever that may be levied or assessed under existing or future laws upon, or in respect to the trust, or the income thereof, and all commissions on acquisitions or dispositions of securities and similar expenses of investment and reinvestment of the trust, shall be paid from the trust. Such reasonable charges of the trustee, as may be agreed upon from time to time by the employer and the trustee, and reimbursement for reasonable expenses incurred by the trustee or employer in performance of their duties hereunder (including but not limited to fees for legal, accounting, actuarial, investment, and custodial services) shall also be paid from the trust. Taxes, charges, and expenses shall be allocated to the various accounts on such equitable basis as the employer, in its sole discretion, shall determine.

(D)  Payment of benefits. The payment of benefits from the trust in accordance with the terms of the plan may be made by the trustee, or by any custodian or other person so authorized by the employer to make such disbursement. The trustee, custodian, or other person shall not be liable with respect to any distribution of trust assets made at the direction of the employer.

(E)  Investment of funds. The employee may direct his or her accounts to be invested in one or more investment options. The employer may make available as investment options investments allowed by Section 31-31-602, C.R.S. Each account is individually subject to any statutory limitations on investments in particular kinds of assets. The employer may from time to time change the available investment options. If a fund experiences a loss, the employee's accounts shall likewise reflect a loss, rather than income, for the period. If an employee does not designate an investment option, the employer shall choose an option for such employee. To the extent an employee directs investments in his or her account, neither the trustee nor any other fiduciary shall be liable for any investment result, including losses, or breach of trust which results from such direction.

(F)  Valuation of accounts. As of each accounting date, the trust assets held in each investment fund offered shall be valued, by the trustee, at fair market value and the investment income and gains or losses for each fund shall be determined. Such investment income and gains or losses shall be allocated proportionately among all account balances on a fund-by-fund basis. The allocation shall be in the proportion that each such account's portion of a given fund bears to the total fund, as of the immediately preceding accounting date.

(G)  Employer liability. In no event shall the employer's liability to pay benefits exceed the value of the employee's accounts; the employer shall not be liable for losses, depreciation, or shrinkage in the value of any investment under this plan. (Ord. 745 §1(part), 1987; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002; Ord. 1984 §3, 2013)

2-25-070  Vesting. Go to the top

(A)  Vesting schedule.

(1)  For employees who terminated employment with the employer prior to April 1, 2002. An employee shall have a nonforfeitable interest in the percentage of his or her employer contribution subaccount, employer FPPA contribution subaccount, and employer transferred contribution subaccount determined pursuant to the following schedule:

Years of Service Percentage of Vesting
Under 3 years 0%
3 years or more 20%
4 years or more 40%
5 years or more 60%
6 years or more 80%
7 years or more 100%

(2)  For employees who are employed with the employer on and after April 1, 2002. An employee shall have a nonforfeitable interest in the percentage of his or her employer contribution subaccount, employer FPPA contribution subaccount, and employer transferred contribution subaccount determined pursuant to the following schedule:

Years of Service Percentage of Vesting
Under 1 year 0%
1 year or more 20%
2 years or more 40%
3 years or more 60%
4 years or more 80%
5 years or more 100%

(B)  Service after separation. If an employee resumes employment after separation from service, any subsequent period of service shall be disregarded in determining the nonforfeitable interest in his or her employer contribution account accrued prior to separation. Such nonforfeitable interest in the employer contribution account will be transferred to the rehired employee employer contribution subaccount.

(C)  Prior service of reemployed individual. If an employee resumes employment after separation from service, the period of service prior to his or her separation shall be included in determining the nonforfeitable interest in his or her employer contribution account accrued after his or her reemployment.

(D)  Upon normal retirement age. Notwithstanding subsection (A) above, an employee shall have a nonforfeitable interest in his or her entire employer contribution account, which has not been previously forfeited pursuant to subsection (G) below, if he or she is employed by the employer on or after his or her normal retirement age.

(E)  Upon death or disability. Notwithstanding subsection (A) above, an employee shall have a nonforfeitable interest in his or her entire employer contribution account which has not been forfeited previously pursuant to subsection (G) below, if he or she is employed by the employer when he or she becomes disabled or dies.

(F)  Transferred account. Employer transferred contributions shall be subject to the vesting schedule in paragraph 2-25-070(A)(2).

(G)  Forfeitures. Except as provided in subsection (D) and subsection (E) above, an employee who separates from service prior to obtaining full vesting shall forfeit that percentage of his or her employer contribution account balance which has not vested as of the date of such separation. Such forfeitures shall be used in the manner described in subsection 2-25-050(B).

(H)  Employee contributions. Notwithstanding subsection (A) above, an employee shall have a nonforfeitable interest in any employee contributions accounts at all times. (Ord. 745 §1(part), 1987; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002)

2-25-075  Loans. Go to the top

(A)  Loans shall be made available to employees in accordance with the applicable guidelines as contained in the Internal Revenue Code and in conformance with regulations issued by the Department of Labor.

(B)  Each loan shall be made upon written application of the participant on a form acceptable to the plan administrator and shall be subject to the approval of the plan administrator. Loans shall meet the following requirements:

(1)  Loans shall be available to all employees on a reasonably equivalent basis;

(2)  Loans shall not be made available to highly compensated employees, within the meaning of section 414(q) of the Code, in an amount that is greater than the amount made available to other employees;

(3)  Loans shall bear a reasonable rate of interest, which is generally interpreted to mean a rate not less than what the employee would pay for a similarly secured loan at a bank or other lending institution (provided that an interest rate in excess of 6% per year which is incurred by a servicemember before the servicemember enters military service, shall be reduced as required by the Servicemembers Civil Relief Act of 2003);

(4)  Loans shall be adequately secured by the employee's vested account balance;

(5)  Loans shall be repaid in level installments at least monthly, over a period not extending beyond five years from the date of the loan;

(6)  Loans shall not exceed $50,000.00 or 50% of the employee's vested account balance, whichever is less;

(7)  If in default, distributions are taxable income and may be subject to a 10% early distribution tax, and the unpaid principal and interest shall be deducted from the employee's account balance; and

(8)  Loan repayments shall be suspended as permitted under Code Section 414(u).

(C)  The pension committee shall establish loan provisions that will meet the following requirements:

(1)  The identity of the person or positions authorized to administer the participant loan program;

(2)  A procedure for applying for loans;

(3)  The basis on which loans will be approved or denied;

(4)  Limitations, if any, on the types, amounts, and number of loans offered;

(5)  The procedure under the program for determining a reasonable rate of interest;

(6)  The types of collateral which may secure a participant loan; and

(7)  The events constituting default and the steps that will be taken to preserve plan assets in the event of such default. (Ord. 1208 §2, 1996; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002; Ord. 1898 §8, 2008; Ord. 1984 §4, 2013)

2-25-080  Claims. Go to the top

(A)  Claim of benefits. An employee or beneficiary shall notify the employer in writing of a claim of benefits under the plan. The employer shall notify the trustee. The trustee shall take such steps as may be necessary to facilitate the payment of benefits to the employee or beneficiary.

(B)  Decision and reconsideration. If any claim for benefits is denied by the employer, the employer shall notify the claimant in writing of such denial, setting forth the specific reasons and citing specific provisions of the plan upon which the denial is based. Said notification shall advise the claimant of the reconsideration procedure. The claimant may request reconsideration by the city manager or his or her designee. A request for reconsideration must be made within sixty days after receipt of the notification of denial. The city manager or his or her designee shall notify the claimant of the time and place for a hearing on the reconsideration. The city manager or his or her designee shall decide any claim by determining the facts and applying the provisions of this plan to such facts. The decision of the city manager or his or her designee shall be final, subject only to judicial review. (Ord. 745 §1(part), 1987; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002)

2-25-090  Commencement of benefits. Go to the top

(A)  Normal commencement of benefits. The distribution of an employee's accounts shall commence within sixty days after one of the following events occurs, whichever occurs later:

(1)  The employee attains age fifty-five; or

(2)  The employee separates from service.

(B)  Elective commencement of benefits. A participant shall be eligible to receive a distribution of vested benefits if his or her employment with the employer is terminated, for reasons other than death or retirement. Payment will begin in accordance with the participant's affirmative election but not earlier than the termination date of the participant's employment with the employer. Unless a participant affirmatively consents to the distribution, the participant will be deemed to have not made an election to commence benefits.

(C)  Rollover to another plan. Notwithstanding any provision of the plan to the contrary that otherwise would limit an employee's distribution election under the plan, an employee may elect, at any time and in the manner prescribed by the committee, to have any portion of an eligible rollover distribution paid directly to an eligible retirement plan specified by the participant in a direct rollover.

(1)  Definitions.

a.  Eligible rollover distribution. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of the participant, except that an eligible rollover distribution does not include (i) any distribution that is one in a series of substantially equal periodic payments, not less frequently than annually, made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; (ii) any distribution to the extent the distribution is required under Code Section 401(a)(9); (iii) the portion of any distribution that is not includable in gross income (this exclusion does not apply to distributions that are after-tax employee contributions or Roth elective deferral contributions by means of a direct rollover to a qualified plan or to a Code Section 403(b) plan that agrees to account separately for the transferred amounts [and earnings thereon], including to account separately for the portion of such distribution which is includable in gross income and the portion of such distribution which is not so includable); (iv) any distribution made upon the hardship of the employee; and (v) any distribution that is expected to total less than $200.00 during a year. A portion of a distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-tax employee contributions which are not includable in gross income. However, such portion may be transferred only to an individual retirement account or annuity described in Code Section 408(a) or (b) or a Roth individual retirement account or annuity described in Code Section 408A, or to a qualified defined contribution plan described in Code Section 401(a) or 403(a) or to an annuity contract described in Code Section 403(b), and such plan or contract provides for separate accounting for amounts so transferred (and earnings thereon), including separately accounting for the portion of such distribution which is includable in gross income and the portion of such distribution which is not so includable. Amounts transferred from a trust under a plan qualified under Code Section 401(a) to a nonqualified foreign trust are treated as a distribution from the transferor plan.

b.  Eligible retirement plan. An eligible retirement plan is an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b), a qualified trust described in Code Section 401(a), an annuity plan described in Code Section 403(a), an annuity contract described in Code Section 403(b), that accepts the distributee's eligible rollover distribution, an eligible deferred compensation plan described in Code Section 457(b) which is maintained by an eligible employer described in Code Section 457(e)(1)(A) which agrees to separately account for amounts transferred into such plan from this plan, or a Roth IRA described in Code Section 408A(b), that accepts the distributee's eligible rollover distribution. This definition of eligible retirement plan also will apply to a distribution made to a surviving spouse or to a spouse or former spouse who is the alternate payee under a qualified domestic relations order, or to a nonspouse beneficiary (but for a nonspouse beneficiary, eligible retirement plan shall be limited to individual retirement accounts and individual retirement annuities). Such term shall include any distribution to a designated beneficiary which would be treated as an eligible rollover distribution by reason of Code Section 402(c)(11), or Code Sections 403(a)(4)(B), 403(b)(8)(B), or 457(e)(16)(B), if the requirements of Code Section 402(c)(11) were satisfied.

c.  Distributee. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order are distributees with regard to the interest of the spouse or former spouse. Solely with respect to an eligible retirement plan which is an individual retirement account described in Code Section 408(a) or an individual retirement annuity described in Code Section 408(b), a distributee also will include the employee's or former employee's nonspouse beneficiary.

1.  Nonspouse beneficiary rollover: A designated beneficiary who is not the participant's surviving spouse is a distributee with respect to the interest of the designated beneficiary if the distribution that is otherwise an eligible rollover distribution is made by a direct trustee-to-trustee transfer ("direct rollover") to an individual retirement account described in Code Section 408(a) or an individual retirement annuity described in Code Section 408(b) that is established for the purposes of receiving the distribution on behalf of the designated beneficiary. Distributions from the plan to a nonspouse beneficiary are not eligible for a sixty-day rollover. A nonspouse beneficiary may not rollover an amount which is a required minimum distribution.

2.  Trust beneficiary: If the participant's named beneficiary is a trust that satisfies the requirements to be a designated beneficiary under Code Section 401(a)(9)(E), the plan may make a direct rollover to an individual retirement account on behalf of the trust.

d.  Direct rollover. A direct rollover is a payment by the plan to the eligible retirement plan as specified by the distributee.

(2)  Procedures. The committee may establish procedures for the distribution of eligible rollover distributions, including any limitations on the amount eligible for a rollover distribution, to the extent permitted by law.

(D)  Required distributions.

(1)  With respect to distributions under the plan made for calendar years beginning on or after January 1, 2001, the plan will apply the minimum distribution requirements of Code Section 401(a)(9) in accordance with the regulations under Code Section 401(a)(9) that were proposed on January 17, 2001, notwithstanding any provision of the plan to the contrary. This amendment shall continue in effect until the end of the last calendar year beginning before the effective date of final regulations under Code Section 401(a)(9), or such other date as may be specified in guidance by the Internal Revenue Service. An employee's entire vested account must be distributed or begin to be distributed no later than the employee's required beginning date. In general, the employee's required beginning date is the first day of April of the calendar year following the calendar year in which the later of retirement or attainment of age seventy and one-half occurs. If the employee dies after distribution of his or her benefit has begun, the remaining portion of such benefit, if any, will be distributed at least as rapidly as under the method of distribution being used prior to the employee's death. If the employee dies before distribution of his or her interest begins, distribution of the employee's entire benefit shall be completed by December 31 of the calendar year containing the fifth anniversary of the employee's death except to the extent that an election is made to receive distributions in accordance with (1) or (2) as follows: (1) if any portion of the employee's interest is payable to a designated beneficiary, the distributions may be made in the form of an immediate annuity for life of the designated beneficiary or over a period not extending beyond the life expectancy of the beneficiary, and distributions begin no later than December 31 of the calendar year immediately following the calendar year in which the employee died; or (2) if the designated beneficiary is the employee's surviving spouse, the date distributions are required to begin in accordance with (1) above shall not be earlier than December 31 of the calendar year in which the employee would have attained age seventy and one-half. If the employee has not made an election pursuant to this subsection by the time of his or her death, the employee's designated beneficiary must elect the method of distribution no later than the earlier of (a) December 31 of the calendar year in which distributions would be required to begin under this subsection, or (b) December 31 of the calendar year that contains the fifth anniversary of the date of death of the employee. If the surviving spouse dies after the employee, but before payment to the surviving spouse begins, the provisions of this subsection, with the exception of (2) above, shall be applied as if the surviving spouse were the employee. Any amount paid to a child of the employee will be treated as if it had been paid to the surviving spouse if the amount becomes payable to the surviving spouse when the child reaches the age of majority.

(2)  Required minimum distributions pursuant to Internal Revenue Code Section 401(a)(9).

a.  General rules.

1.  Effective date. This subsection (D)(2) will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year.

2.  Precedence. This subsection (D)(2) will take precedence over any inconsistent provisions of the plan. However, nothing in this section will be construed to offer or provide any optional form of distribution not available under the terms of the plan.

3.  Requirements of Treasury Regulations incorporated. All distributions required under this section will be determined and made in accordance with the Treasury Regulations under this section 401(a)(9) of the Internal Revenue Code.

4.  TEFRA section 242(b)(2) elections. Notwithstanding the other provisions of this section, distributions may be made under a designation made before January 1, 1984, in accordance with section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the plan that relate to section 242(b)(2) of TEFRA.

b.  Time and manner of distribution.

1.  Required beginning date. The participant's entire interest will be distributed, or begin to be distributed, to the participant no later than the participant's required beginning date.

2.  Death of participant before distributions begin. If the participant dies before distributions begin, the participant's entire interest will be distributed, or begin to be distributed, no later than as follows:

a)  If the participant's surviving spouse is the participant's sole designated beneficiary, then, except as provided in subsection 2.f, distributions to the surviving spouse will begin by December 31 of the calendar year immediately following the calendar year in which the participant died, or by December 31 of the calendar year in which the participant would have attained the age of seventy and one-half years, if later.

b)  If the participant's surviving spouse is not the participant's sole designated beneficiary, then, except as provided in subsection 2.f, distributions to the designated beneficiary will begin by December 31 of the calendar year immediately following the calendar year in which the participant died.

c)  If there is no designated beneficiary as of September 30 of the year following the year of the participant's death, the participant's entire interest will be distributed by December 31 of the calendar year containing the fifth anniversary of the participant's death.

d)  If the participant's surviving spouse is the participant's sole designated beneficiary and the surviving spouse dies after the participant but before distributions to the surviving spouse begin, subparagraph (2)b.2., rather than subparagraph (2)b.2.a), will apply as if the surviving spouse were the participant.

For purposes of this subparagraph (2)b.2. and (2)d, unless this subparagraph (2)b.2.d) applies, distributions are considered to begin on the participant's required beginning date. If this subparagraph (2)b.2.d) applies, distributions are considered to begin on the date distributions are required to begin to the surviving spouse under this subparagraph (2)b.2.a).

3.  Forms of distribution. Unless the participant's interest is distributed in the form of a single sum on or before the required beginning date, as of the first distribution calendar year distributions will be made in accordance with subparagraphs (2)c and (2)d.

c.  Required minimum distributions during participant's lifetime.

1.  Amount of required minimum distribution for each distribution calendar year. During the participant's lifetime, the minimum amount that will be distributed for each distribution calendar year is the lesser of:

a)  the quotient obtained by dividing the participant's account balance by the distribution period in the Uniform Lifetime Table set forth in section 1.401(a)(9)-9 of the Treasury Regulations, using the participant's age as of the participant's birthday in the distribution calendar year; or

b)  If the participant's sole designated beneficiary for the distribution calendar year is the participant's spouse, the quotient obtained by dividing the participant's account balance by the number in the Joint and Last Survivor Table set forth in section 1.401(a)(9)-9 of the Treasury Regulations, using the participant's and spouse's attained ages as of the participant's and spouse's birthdays in the distribution calendar year.

2.  Lifetime required minimum distributions continue through the year of participant's death. Required minimum distributions will be determined under this subsection (2)c beginning with the first distribution calendar year and up to and including the distribution calendar year that includes the participant's date of death.

d.  Required minimum distributions after participant's death.

1.  Death on or after date distributions begin.

a)  Participant survived by designated beneficiary. If the participant dies on or after the date distributions begin and there is a designated beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the participant's death is the quotient obtained by dividing the participant's account balance by the longer of the remaining life expectancy of the participant or the remaining life expectancy of the participant's designated beneficiary, determined as follows:

1)  The participant's remaining life expectancy is calculated using the age of the participant in the year of death, reduced by one for each subsequent year.

2)  If the participant's surviving spouse is the participant's sole designated beneficiary, the remaining life expectancy of the surviving spouse is calculated for each distribution calendar year after the year of the participant's death using the surviving spouse's age as of the spouse's birthday in that year. For distribution calendar years after the year of the surviving spouse's death, the remaining life expectancy of the surviving spouse is calculated using the age of the surviving spouse as of the spouse's birthday in the calendar year of the spouse's death, reduced by one for each subsequent calendar year.

3)  If the participant's surviving spouse is not the participant's sole designated beneficiary, the designated beneficiary's remaining life expectancy is calculated using the age of the beneficiary in the year following the year of the participant's death, reduced by one for each subsequent year.

b)  No designated beneficiary. If the participant dies on or after the date distributions begin and there is no designated beneficiary as of September 30 of the year after the year of the participant's death, the minimum amount that will be distributed for each distribution calendar year after the year of the participant's death is the quotient obtained by dividing the participant's account balance by the participant's remaining life expectancy calculated using the age of the participant in the year of death, reduced by one for each subsequent year.

2.  Death before date distributions begin.

a)  Participant survived by designated beneficiary. Except as provided in subparagraph (2)f, if the participant dies before the date distributions begin and there is a designated beneficiary, the minimum amount that will be distributed for each distribution calendar year after the year of the participant's death is the quotient obtained by dividing the participant's account balance by the remaining life expectancy of the participant's designated beneficiary, determined as provided in subsection (2)d.1.

b)  No designated beneficiary. If the participant dies before the date distributions begin and there is no designated beneficiary as of September 30 of the year following the year of the participant's death, distribution of the participant's entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the participant's death.

c)  Death of surviving spouse before distributions to surviving spouse are required to begin. If the participant dies before the date distributions begin, the participant's surviving spouse is the participant's sole designated beneficiary, and the surviving spouse dies before distributions are required to begin to the surviving spouse under subparagraph (2)b.2.a), subparagraph (2)d.2. will apply as if the surviving spouse were the participant.

e.  Definitions.

1.  Designated beneficiary. The individual who is designated as the beneficiary under section 2-25-030(B), B.M.C., and is the designated beneficiary under section 401(a)(9) of the Internal Revenue Code and section 1.401(a)(9)-1, Q&A-4, of the Treasury Regulations.

2.  Distribution calendar year. A calendar year for which a minimum distribution is required. For distributions beginning before the participant's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the participant's required beginning date. For distributions beginning after the participant's death, the first distribution calendar year is the calendar year in which distributions are required to begin under subsection (2)b.2. The required minimum distribution for the participant's first distribution calendar year will be made on or before the participant's required beginning date. The required minimum distribution for other distribution calendar years, including the required minimum distribution for the distribution calendar year in which the participant's required beginning date occurs, will be made on or before December 31 of that distribution calendar year.

3.  Life expectancy. Life expectancy as computed by use of the Single Life Table in section 1.401(a)(9)-9 of the Treasury Regulations.

4.  Participant's account balance. The account balance as of the last valuation date in the calendar year immediately preceding the distribution calendar year (valuation calendar year) increased by the amount of any contributions made and allocated or forfeitures allocated to the account balance as of dates in the valuation calendar year after the valuation date and decreased by distributions made in the valuation calendar year after the valuation date. The account balance for the valuation calendar year includes any amounts rolled over or transferred to the plan either in the valuation calendar year or in the distribution calendar year if distributed or transferred in the valuation calendar year.

5.  Required beginning date. The date specified in section 2-25-090(D).

f.  Elections.

1.  Election to apply five-year rule to distributions to designated beneficiaries. If the participant dies before distributions begin and there is a designated beneficiary, distribution to the designated beneficiary is not required to begin by the date specified in subparagraph (2)b.2., but the participant's entire interest will be distributed to the designated beneficiary by December 31 of the calendar year containing the fifth anniversary of the participant's death. If the participant's surviving spouse is the participant's sole designated beneficiary and the surviving spouse dies after the participant but before distributions to either the participant or the surviving spouse begin, this election will apply as if the surviving spouse were the participant. This election will apply to all distributions.

2.  Election to allow participants or beneficiaries to elect 5-year rule. Participants or beneficiaries may elect on an individual basis whether the five-year rule or the life expectancy rule in subparagraphs (2)b.2. and (2)d.2., applies to distributions after the death of a participant who has a designated beneficiary. The election must be made no later than the earlier of September 30 of the calendar year in which distribution would be required to begin under subparagraph (2)b.2., or by September 30 of the calendar year which contains the fifth anniversary of the participant's (or, if applicable, surviving spouse's) death. If neither the participant nor beneficiary makes an election under this paragraph, distributions will be made in accordance with subparagraphs (2)b.2. and (2)d.2. and, if applicable, the elections in subparagraph (2)f.

3.  Election to allow designated beneficiary receiving distributions under the five-year rule to elect life expectancy distributions. A designated beneficiary who is receiving payments under the five-year rule may make a new election to receive payments under the life expectancy rule until December 31, 2003, provided that all amounts that would have been required to be distributed under the life expectancy rule for all distribution calendar years before 2004 are distributed by the earlier of December 31, 2003, or the end of the five-year period.

g.  No required minimum distributions for 2009.

1.  Notwithstanding the preceding provisions of this subsection, a participant or beneficiary who would have been required to receive required minimum distributions for 2009 but for the enactment of Code Section 401(a)(9)(H), and who would have satisfied that requirement by receiving distributions, will not receive those distributions for 2009 unless the participant or beneficiary elects to receive such distributions pursuant to the terms of the plan.

2.  In addition, solely for purposes of applying the direct rollover provisions of the plan, any such elected distributions in 2009 will be treated as eligible rollover distributions. A direct rollover will be offered only for distributions that would be eligible rollover distributions without regard to Code Section 401(a)(9)(H).

(E)  De minimis accounts.

(1)  Notwithstanding the foregoing in this section, an employee who separates from service and who has a combined nonforfeitable interest of $5,000.00 or less (effective January 1, 2002, this amount can be determined without regard to any rollover contributions made to the plan) in all of his or her accounts, shall be paid his or her lump sum value within sixty days after the separation from service. To the extent required by law, payment may be made to an individual retirement account.

(2)  Effective January 1, 2006, in the event of a mandatory distribution greater than $1,000.00 as described in section 401(a)(31)(B) of the Internal Revenue Code, if the employee does not elect to have such distribution paid directly to an eligible retirement plan specified by the participant in a direct rollover or to receive the distribution directly in accordance with sections 2-25-090 and 2-25-110, B.M.C., then the committee will pay the distribution in a direct rollover to an individual retirement plan designated by the committee.

(F)  Withdrawal of voluntary contributions. An employee may upon written request withdraw a part of or the full amount of his or her voluntary contribution account. Such withdrawals may be made at any time, provided that no more than two such withdrawals may be made during any plan year.

(G)  Withdrawal of rollover contributions. An employee may upon written request withdraw a part of or the full amount of his or her rollover contribution account. Such withdrawals may be made at any time.

(H)  Transfer of benefits to the money purchase plan for general employees. If the employee was a participant in this plan and, due to a transfer of employment, becomes eligible to participate in the money purchase plan for general employees, any loans made under this plan must be transferred to the money purchase plan for general employees. In addition, the employee may elect, in a form acceptable to the employer, to transfer the remainder of his or her interest in the plan to the money purchase plan for general employees. The interest transferred will include both vested and unvested account balances.

(I)  Withdrawal after attainment of normal retirement age. An employee may, upon written request, withdraw a part of or the full amount of his or her accounts at any time after attainment of normal retirement age. (Ord. 745 §1(part), 1987; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002; Ord. 1758 §1, 2003; Ord. 1820 §§3-5, 2005; Ord. 1898 §§9, 10, 2008; Ord. 1946 §§1, 2, 2011; Ord. 1984 §5, 2013)

2-25-100  Death benefits.Go to the top

(A)  Receipt of payment after death. Each employee, upon becoming a participant, may designate a beneficiary and a contingent beneficiary. Any participant may, at any time, revoke or change the designation of his or her beneficiary by filing a notice of the revocation or change. Any designation, revocation or change of beneficiary must be submitted to the employer in writing or by electronic media in a format required by the employer. If there is no named or surviving beneficiary, death benefits will be paid first to the participant's surviving spouse or civil union partner, if any, or if none, to his or her surviving children, if any, in equal shares, or if none, to his or her surviving parents, if any, in equal shares, or if none, to his or her surviving siblings, if any, in equal shares, or if none, then to the executor or personal representative of his or her estate.

(B)  Preretirement death benefits. Any amount paid to a child of the employee will be treated as if it had been paid to the surviving spouse or civil union partner if the amount becomes payable to the surviving spouse or civil union partner when the child reaches the age of majority.

(C)  Proof of death. The employer may require such proper proof of death and such evidence of a beneficiary's right to receive payment from a deceased participant's account as the employer reasonably deems appropriate.

(D)  Death before separation of employment. If a participant's employment terminates because of death, the entire amount then credited to his or her account shall become vested and nonforfeitable as provided in subsection 2-25-070(E), B.M.C., and payable to the beneficiary.

(E)  Death after separation of employment. If a participant dies after terminating employment, the plan shall pay the undistributed vested balance, if any, of the participant's account to the beneficiary. If an employee dies and distribution of his or her account balances has begun, the remaining portion of his or her account balances, if any, will be distributed at least as rapidly as under the method of distribution being used as of the date of the employee's death. (Ord. 745 §1(part), 1987; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002; Ord. 1984 §6, 2013; Ord. 1997 §2, 2014)

2-25-110  Distribution of benefits. Go to the top

(A)  An employee may revocably elect to have his or her accounts distributed in any of the following modes:

(1)  Equal payments. Equal monthly, quarterly, semiannual, or annual payments in an amount chosen by the employee.

(2)  Lump sum. A lump sum payment.

(3)  Distributions for qualified health insurance. An employee who has separated from service and is an eligible retired public safety officer may elect to have all or a portion of his or her vested account balance remaining in the plan distributed from the plan during a taxable year in order to pay for qualified health insurance premiums to the extent that the aggregate amount of such distributions does not exceed the amount paid by such employee for qualified health insurance premiums for such taxable year.

a.  Direct payment to insurer required. Payments of premiums made in accordance with paragraph (3) shall be made directly to the provider of the qualified health insurance plan or contract of qualified health insurance by deduction from the distribution from the plan.

b.  Limitation. The maximum amount that may be distributed in a taxable year pursuant to paragraph (3) shall not exceed $3,000.00.

c.  Definitions:

1.  Eligible retired public safety officer means an individual who, by reason of disability or attainment of normal retirement age, is separated from service as a public safety officer with the employer.

2.  Public safety officer has the same meaning given such term by Section 1204(9)(A) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(9)(A)).

3.  Qualified health insurance means an accident or health plan or qualified long-term care insurance contract (as defined in Section 7702B(b) of the Internal Revenue Code).

4.  Qualified health insurance premiums means premiums for qualified health insurance coverage for the eligible retired public safety officer, his or her spouse, and dependents (as defined in Section 152 of the Internal Revenue Code).

(4)  Other. Any other sequence of payments requested by the employee and agreed to by the trustee and the employer.

(B)  Election of mode. An employee's election of a payment option must be made at least thirty days before the payment of benefits is to commence. (Ord. 745 §1(part), 1987; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002; Ord. 1967 §1, 2013)

2-25-120  Plan amendment and termination. Go to the top

(A)  Amendment and termination. The plan may be amended by city council at any time, subject to the following conditions:

(1)  Only if required by Section 31-31-502, 31-31-601, or 31-31-704.5, C.R.S., or other applicable statute, the amendment must have the approval of at least 65% of active employees.

(2)  No amendment may be adopted which would adversely affect the benefits of retired employees.

Termination of the plan shall be effectuated in the same method as an amendment; provided, however, that the plan shall not be terminated unless an alternative plan is offered contemporaneously, which fulfills the requirements of state law for such plans.

(B)  Termination. Upon plan termination, all account balances shall be valued at their fair market value and the employee's right to his or her employer contribution account shall be one hundred percent vested and nonforfeitable. Such amount and any other amounts held in the employee's other accounts shall be maintained for the employee until paid pursuant to the terms of the plan. Any amounts held in the suspense account, after any allocations required for the plan year prior to the effective date of plan termination, shall be paid to the employer's general fund. (Ord. 745 §1(part), 1987; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002; Ord. 1984 §7, 2013)

2-25-130  Administration of the plan. Go to the top

(A)  Pension committee.

(1)  There shall be a pension committee consisting of five members:

a.  The city manager or his or her designee,

b.  The director of human resources or his or her designee, and

c.  Three employee members, who shall be elected by majority vote by the active employees for three-year terms to commence on January 1, provided that, in order that the terms be staggered, the initial term of the employee member who receives the fewest votes shall be one year, and the initial term of the employee member who receives the second fewest votes shall be two years.

(2)  One person shall be elected chairman of the committee each year by majority vote of the committee members.

(3)  The pension committee shall have the following powers and duties;

a.  To review the responsiveness and performance of the trustee and make recommendations to the employer;

b.  To review such reports and statements as may be prepared in connection with the plan;

c.  To make recommendations to the employer regarding:

1.  Selection of a trustee,

2.  Employment of actuaries, accountants, and other professionals in connection with the plan,

3.  Investment options to be offered, and

4.  Amendment to or termination of the plan.

(B)  Powers and duties of the employer. The employer shall have the authority to make all discretionary decisions affecting the rights or benefits of employees which may be required in the administration of the plan, to arrange for the administration and investment of the plan, to determine the investment options to be offered to employees and to take such other action as may be necessary or convenient to administer the terms of this chapter.

(C)  Powers and duties of the trustee. The trustee, as agent for the employer, shall perform administrative functions in connection with the plan, including maintenance of accounts, the provision of periodic reports of the state of each account and the disbursement of benefits on behalf of the employer in accordance with the provisions of this plan.

(D)  Protection of the employer. The employer shall not be liable for the acts or omissions of the trustee.

(E)  Protection of the trustee. The trustee may rely upon any certificate, notice, or direction signed by the city manager or his or her designee.

(F)  Resignation or removal of trustee. The trustee may resign at any time effective upon sixty days' prior written notice to the employer. The trustee may be removed by the employer at any time upon written notice to the trustee. Upon the resignation or removal of the trustee, the employer may, if it so elects, appoint a successor trustee having such powers and duties as may be agreed upon by the employer and any such trustee; otherwise, the employer shall assume the powers and duties of the former trustee, and any trust assets held by the trustee shall be returned to the employer. (Ord. 745 §1(part), 1987; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002)

2-25-140  Miscellaneous provisions. Go to the top

(A)  Nonguarantee of employment. Nothing contained in this plan shall be construed as a contract of employment between the employer and any employee, or as a right of an employee to be continued in the employment of the employer, as a limitation of right of the employer to discharge any of its employees, with or without cause.

(B)  Rights to trust assets. No employee or beneficiary shall have any right to, or interest in, any assets of the trust upon termination of his or her employment or otherwise, except as provided from time to time under this plan, and then only to the extent of the benefits payable under the plan to such employee or beneficiary out of the assets of the trust. All payments of benefits as provided for in this plan shall be made solely out of the assets of the trust, and none of the fiduciaries shall be liable therefor in any manner.

(C)  Nonalienation of benefits. Benefits payable under this plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, prior to actually being received by the person entitled to the benefit under the terms of the plan; and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge, or otherwise dispose of any right to benefits payable hereunder shall be void. The trust shall not in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements, or torts of any person entitled to benefits hereunder. Notwithstanding the above, amounts may be paid from an employee's accounts pursuant to a court order requiring deductions from an employee's benefit payments hereunder, but only if such deductions are for alimony, child support, or property settlement, and only if the employee's benefit payments have commenced under the terms of the plan.

(D)  Nonforfeitability of benefits. Subject only to the specific provisions of this plan, nothing shall be deemed to divest an employee of his or her right to the nonforfeitable interest to which he or she becomes entitled in accordance with the provisions of the plan.

(E)  Qualified domestic relations orders. Subsection (C) above shall also apply to the creation, assignment, or recognition of a right to any benefit payable with respect to a participant pursuant to a domestic relations order, unless such order is determined to be a qualified domestic relations order, as defined in section 14-10-113(6), C.R.S. The pension committee may adopt rules or procedures governing the implementation of a domestic relations order. Such rules or procedures may include the requirement that the parties and court may use a standardized domestic relations order form provided by the pension committee. Compliance with the provisions of section 14-10-113(6), C.R.S., by a public employee retirement plan shall not subject the plan to any portion of the Employee Retirement Income Security Act of 1974. No payments will commence prior to the date payments are permitted to commence under this plan.

(F)  Incompetency of payee. In the event any benefit is payable to a minor or incompetent, to a person otherwise under legal disability, or to a person who, in the sole judgment of the employer, is by reason of advanced age, illness, or other physical or mental incapacity incapable of handling the disposition of his or her property, the employer may apply the whole or any part of such benefit directly to the care, comfort, maintenance, support, education, or use of such person or pay or distribute the whole of any part of such benefit to:

(1)  The parent of such person;

(2)  The guardian, committee, or other legal representative, wherever appointed, of such person;

(3)  The person with whom such person resides;

(4)  Any person having the care and control of such person; or

(5)  Such person personally.

The receipt of the person to whom any such payment or distribution is so made shall be full and complete discharge therefor.

(G)  Inability to locate payee. Anything to the contrary herein notwithstanding, if the employer is unable, after reasonable effort, to locate any employee or beneficiary to whom an amount is payable hereunder, such amount shall be forfeited and held in the trust for application against the next succeeding employer contribution or contributions required to be made hereunder. Notwithstanding the foregoing, however, such amount shall be reinstated, by means of an additional employer contribution, if and when a claim for the forfeited amount is subsequently made by the employee or beneficiary or if the employer receives proof of death of such person, satisfactory to the employer. Any benefits lost by reason of escheat under applicable state law shall be considered forfeited and shall not be reinstated.

(H)  Mergers, consolidations, and transfer of assets. The plan shall not be merged into or consolidated with any other plan, other than a plan which amends and restates this plan, nor shall any of its assets or liabilities be transferred into any such other plan, unless each employee would, if the plan then terminated, receive a benefit immediately after the merger, consolidation, or transfer that is equal to or greater than the benefit he or she would have been entitled to receive immediately before the merger, consolidation, or transfer (if the plan had then terminated).

(I)  Employer records. Records of the employer as to an employee's period of service, termination of service and the reason therefor, leaves of absence, reemployment, earnings, and compensation will be presumed to be correct.

(J)  Uniformed Services Employment and Reemployment Rights Act. Notwithstanding any provision of the plan to the contrary, contributions, benefits, and service credit with respect to Uniformed Services of the United States will be provided in accordance with Code Section 414(u).

(1)  Qualified military service means any service in the uniformed services (as defined in Chapter 43 of Title 38, United States Code) by any individual if such individual is entitled to reemployment rights under such chapter with respect to such service.

(2)  Effective for years beginning on or after January 1, 2007, if a participant dies while performing qualified military service, the survivors of the participant are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under the plan as if the participant had resumed employment with the employer and then died.

(3)  Effective for years beginning on or after January 1, 2009:

a.  An individual receiving a differential wage payment, as defined in Code Section 3401(h)(2), shall be treated as an employee of the employer making the payment;

b.  The differential wage payment shall be treated as compensation for purposes of Code Section 415 and any other Code Section that references the definition of compensation under Code Section 415; and

c.  The plan shall not be treated as failing to meet the requirements of any provision described in Code Section 414(u)(1)(C) by reason of any contribution or benefit which is based on the differential wage payment. This subparagraph c. applies only if all employees of the employer performing service in the uniformed services described in Code Section 3401(h)(2)(A) are entitled to receive differential wage payments on reasonably equivalent terms and, if eligible to participate in the plan, to make contributions based on the differential wage payments on reasonably equivalent terms.

(K)  The employer will provide to each employee, no less than thirty days nor more than 180 days prior to the date the employee's benefit payment commences, a written explanation of the terms and conditions of the optional forms of payment under the plan, the employee's right to defer distributions, and the consequences of failing to defer receipt of the distribution. An employee may waive the thirty-day notice requirement described in the preceding sentence. (Ord. 745 §1(part), 1987; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002; Ord. 1946 §3, 2011; Ord. 1984 §8, 2013)

2-25-150  Applicable law. Go to the top

The plan shall be construed under the laws of the state and is established with the intent that it meets the requirements as a money purchase plan under section 401(a) of the Code. The provisions of this plan shall be interpreted whenever possible in conformity with the requirements of the Code. (Ord. 745 §1(part), 1987; Ord. 1507 §1, 2000; Ord. 1668 §1, 2002)


Chapter 2-26

City and County of Broomfield Employees' Medical Care Expense Plan

2-26-010  Establishment of trust fund. Go to the top

There is created and established the City and County of Broomfield Employees' Medical Care Expense Fund, hereinafter referred to as "the fund," for the purpose of funding the City and County of Broomfield Employees' Medical Care Expense Plan, hereinafter referred to as "the plan." Copies of the plan document are available from the city clerk and the human resources department. The fund was created and established as of January 1, 1982. (Ord. 465 §4, 1981; Ord. 1704 §1, 2003)

2-26-015  Administration; city manager. Go to the top

The city and county manager shall be responsible for the effective administration of this plan and may delegate such functions as he or she deems necessary. The city and county manager, or designee thereof, may establish, adopt, amend, or rescind the plan document consistent with the applicable provisions of the Charter, ordinances, resolutions, and other applicable laws. (Ord. 1704 §1, 2003)

2-26-020  Sources and amounts of contributions to the fund. Go to the top

(A)  The city will contribute to the fund in accordance with the current city budget.

(B)  In addition, the fund shall consist of any monies or property that may be given or donated thereto by any person for the purposes for which the fund is created. (Ord. 465 §4, 1981; Ord. 682 §1, 1986; Ord. 1704 §1, 2003)

2-26-030  Creation of the board of trustees. Go to the top

There is hereby created a board of trustees, to have the powers and duties hereinafter set forth. No member of the board of trustees shall be compensated for his or her services as a trustee, but shall be reimbursed for all reasonable and necessary expenses which may be incurred in the performance of his or her duties to the extent there are monies available for that purpose. (Ord. 465 §4, 1981; Ord. 1704 §1, 2003)

2-26-040  Number and selection of trustees. Go to the top

The board of trustees shall consist of five members as follows:

(A)  One council member shall be appointed by and serve at the pleasure of the city council. City council may also appoint one council member as an alternate member. If the regular city council member is absent from any meeting of the board, the alternate member may serve in such member's place with all the powers and duties of the absent member.

(B)  The director of human resources or designee thereof.

(C)  The director of finance or designee thereof.

(D)  Two employee representatives to be appointed by and serve at the pleasure of the current employees' review committee. (Ord. 682 §2, 1986; Ord. 875 §1, 1990; Ord. 1704 §1, 2003)

2-26-050  Powers and duties of the trustees. Go to the top

The board of trustees shall have such powers and duties as may be necessary to accomplish the purposes of the plan and for which the fund is created, specifically including the following powers and duties:

(A)  To construe and interpret the plan and decide all questions arising thereunder.

(B)  To employ a plan administrator by contract to administer the plan and pay claims thereunder subject to appeal to the board of trustees of any decision by the plan administrator. If the board of trustees does not so employ a plan administrator, it may exercise the powers of the plan administrator directly.

(C)  To pay from the fund all expenses of the administration of the plan, including but not limited to, expenses for legal, administrative, insurance, bond, actuarial, and accounting services.

(D)  To prescribe procedures not inconsistent with the plan for filing and payment of claims.

(E)  To provide for and decide appeals and hearings to and before the board of trustees of any decision of the administrator or of the board of trustees.

(F)  To require from the city and eligible individuals such information as may be necessary for the proper administration of the plan.

(G)  To delegate to one or more of the members of the board of trustees the right to act on its behalf in all matters connected with the administration of the plan.

(H)  To adopt rules, regulations, or bylaws as deemed necessary for the proper administration of the plan and for their meetings.

(I)  To appoint a chairperson from among its members.

(J)  To meet as necessary to conduct its business.

(K)  To recommend modifications to the plan including funding requirements and plan design changes.

(L)  To take any action authorized hereunder without holding a meeting, if such action is set forth in a written resolution adopted over the signature of all trustees. (Ord. 465 §4, 1981; Ord. 540 §1, 1984; Ord. 1704 §1, 2003)

2-26-060  Limitations on powers of trustees. Go to the top

The board of trustees shall have no power to add to, subtract from, or modify any of the terms of the plan, or to change or add to the benefits provided by the plan. (Ord. 465 §4, 1981; Ord. 1704 §1, 2003)

2-26-070  Liability of trustees. Go to the top

The trustees shall be subject to the defense of public employees and payment of judgments or settlements against public employees as set forth in section 24-10-110, C.R.S. (Ord. 465 §4, 1981; Ord. 1704 §1, 2003)

2-26-080  Trustees; bonding. Go to the top

The trustees shall purchase and pay for out of the fund a bond, either in individual, schedule, or blanket form, applicable to all of the trustees and their successors. Such a bond shall provide protection to the trust against loss by reason of any fraud or dishonesty on the part of any of the trustees or any other persons administering the plan. The amount of said bond shall not be less than 100% of the amount of the fund. (Ord. 465 §4, 1981; Ord. 1704 §1, 2003)

2-26-090  Trustees; fiduciary insurance. Go to the top

Fiduciary insurance may be purchased by the trustees to protect the plan, the fund and the trustees from loss or liability resulting from any loss of fund assets. (Ord. 465 §4, 1981; Ord. 1704 §1, 2003)

2-26-100  Accounts and records. Go to the top

(A)  The board of trustees and any plan administrator employed by them shall keep true and accurate books and records of all transactions involving the plan or the fund.

(B)  The board of trustees shall prepare an annual financial report showing a summary of revenues and expenditures during the preceding year and such other data as the trustees may determine. Copies of this report shall be presented to the city council and the city manager and shall be available for public inspection at the office of the city clerk and at the human resources department. (Ord. 465 §4, 1981; Ord. 1704 §1, 2003)

2-26-110  Rights to fund. Go to the top

No employee shall have any right to, or interest in, any assets of the fund, except as provided in the plan. Neither the city nor the trustees shall be liable to any employee or eligible individual except for benefits in accordance with the plan. (Ord. 465 §4, 1981; Ord. 1704 §1, 2003)

2-26-120  Right to amend. Go to the top

The city reserves the right to make any amendment to this chapter which does not permit reversion of any assets of the fund to the city, except as provided in section 2-26-130, B.M.C., and which does not cause such assets to be used for, or diverted to any purpose other than payment of medical and related expenses of employees. (Ord. 465 §4, 1981; Ord. 1704 §1, 2003)

2-26-130  Termination. Go to the top

The city may, at any time, terminate the plan or repeal this chapter, and benefits thereafter shall be payable only to the extent set forth in the plan. After payment of outstanding claims and liabilities, the assets of the fund shall be allocated toward provision of medical and related benefits for employees in accordance with such plan or policy as may be adopted; or in the event no such plan or policy is adopted such assets shall revert to the city's general fund. (Ord. 465 §4, 1981; Ord. 1704 §1, 2003)


Chapter 2-28

Municipal Court

2-28-010  Definitions. Go to the top

As used in this chapter, the following terms shall have the following meanings:

(A)  Municipal court means a qualified municipal court of record authorized to hear and try all cases involving alleged violations of the Broomfield ordinances.

(B)  Municipal judge means a judicial officer empowered to hear and try all cases under the jurisdiction of the municipal court.

(C)  Presiding judge. Whenever authority is given to, or duties imposed upon the presiding judge by the ordinance codified in this chapter or any amendments thereto, such duties and powers shall be those of the municipal judge whenever no additional judges have been appointed. (Ord. 245 §1, 1975)

2-28-020  Established; statutory authority. Go to the top

A municipal court in and for the city is hereby created and established pursuant to and governed by the provisions of sections 13-10-103 through 13-10-125, C.R.S. The municipal court shall be a qualified municipal court of record, and a verbatim record of the proceedings and evidence of trials therein shall be kept by such electronic devices as may be approved by the municipal judge. (Ord. 245 §2, 1975)

2-28-030  Judge; appointment; term; qualifications; compensation. Go to the top

(A)  Appointment; term. The municipal court shall be presided over by a municipal judge, appointed by the city council at the first regular meeting thereof for a term of two years, and until a successor is duly appointed and qualified.

(B)  Qualifications. The municipal judge shall be an attorney at law regularly licensed to practice law in this state and, if practical, a resident and qualified elector of the city.

(C)  Compensation. The municipal judge shall receive an annual salary set by the city council and payable as are other salaries of municipal employees. He or she shall not receive any fees or other compensation for his or her services as municipal judge. (Ord. 245 §3, 1975)

2-28-040  Judge; oath required. Go to the top

Before entering upon the duties of his or her office, the municipal judge shall take and subscribe before the mayor, or a judge of a court of record, and file with the city council an oath or affirmation that he or she will support the Constitution of the United States and of the State of Colorado, and the Charter and ordinances of the city, and will faithfully perform the duties of his or her office. (Ord. 245 §4, 1975)

2-28-050  Judge; powers and duties generally. Go to the top

(A)  The municipal judge shall have all judicial powers relating to the operation of the municipal court, subject to any rules of procedure governing the operation and conduct of municipal courts promulgated by the Colorado Supreme Court. The presiding municipal judge of any municipal court has authority to issue local rules of procedure consistent with any rules of procedure adopted by the Colorado Supreme Court.

(B)  The judicial powers of any municipal judge shall include the power to enforce subpoenas issued by any board, commission, hearing officer, or other body or officer of the municipality authorized by law or by ordinance to issue subpoenas. (Ord. 245 §5, 1975; Ord. 1705 §2, 2003)

2-28-060  Judge; additional; appointment when. Go to the top

The city council may appoint additional municipal judges from time to time as may be needed to transact the business of the court or to preside in the absence, sickness, or inability of the presiding judge. (Ord. 245 §6, 1975)

2-28-070  Judge; removal. Go to the top

Any municipal judge may be removed by the city council for cause, pursuant to section 10.2 of the Charter. (Ord. 245 §7, 1975)

2-28-080  Jurisdiction, powers and procedures. Go to the top

(A)  The municipal court shall have original jurisdiction of all cases arising under the ordinances of the city, with full power to punish violators thereof by the imposition of such fines and penalties as are prescribed by ordinance or court rule.

(B)  The procedures of the court shall be in accordance with the Municipal Court Rules of Procedure as promulgated by the Colorado Supreme Court, and such local rules as shall be prescribed by the presiding municipal judge. (Ord. 245 §9, 1975)

2-28-090  Sessions; requirements generally. Go to the top

(A)  There shall be regular sessions of the court for the trial of cases. The municipal judge may hold a special session of court at any time.

(B)  All sessions shall be open to the public. Where the nature of the case is such that it would be in the best interest of justice to exclude persons not directly connected with the proceeding, the municipal judge may order that the courtroom be cleared.

(C)  There shall be no sessions of the court nor judicial business transacted on those legal holidays observed by the city. Regular sessions may be held and judicial business transacted on other legal holidays observed by the State of Colorado. (Ord. 245 §10, 1975; Ord. 893 §1, 1991)

2-28-100  Administrative duties of judge. Go to the top

(A)  Preparation of writs. The municipal judge shall be responsible for preparing all writs and other papers pertaining to the business of the court.

(B)  Oaths and affirmations. The municipal judge shall have power to administer oaths and affirmations in all municipal matters in the municipal court. (Ord. 245 §11, 1975)

2-28-110  Costs and fees. Go to the top

(A)  The costs and fees which shall be assessed in the municipal court are as follows:

Court costs, upon entry of a plea of guilty or no contest or conviction at trial $20.00
Courtesy bond fee, for each bond posted on warrants from another jurisdiction $10.00
Deferred judgment and sentence fee, upon the granting of a motion for deferred judgment and sentence $75.00
Failure to appear costs, for failure to appear for a court appearance, prior to issuance of a warrant $10.00
Short check charge, for any check returned for insufficient funds or account closed $25.00
Show cause fee, for scheduling a hearing for failure to comply with an order of court $20.00
Warrant costs, upon issuance of an arrest warrant $50.00
Witness fee, for any subpoenaed witness $3.00

(B)  In addition to any other fines or costs assessed pursuant to subsection (A) above, the municipal judge shall assess a surcharge in the amount of 10% of the total fines assessed against every defendant who is found guilty, pleads guilty, or pleads no contest to any violation of the municipal code, other than parking violations. The municipal judge, in his or her sole discretion, may order that any amount owed is payable to the municipal court at a designated later date or at designated periodic intervals in equal monthly installments and may assess an additional fee for such payment plan. If the defendant fails to pay any such monthly installments or later payment, the entire balance of all fines or costs shall be immediately due and payable by the defendant. The municipal judge, upon receipt of a report of any failure to pay a fine under this section, may issue a warrant for the defendant's arrest and may impose such additional penalties as provided in chapter 1-12, B.M.C.

(C)  Juror and jury fees shall be as provided in the Colorado Municipal Court Rules of Procedure, Rule 223.

(D)  If a private citizen who swears out a complaint against another (requiring him or her to appear in court to answer charges) fails to appear for the trial of the action, or to prosecute, the action may be dismissed and all costs incurred by the city may be assessed against the complainant. (Ord. 879 §1, 1990; Ord. 926 §1, 1992; Ord. 930 §1, 1992; Ord. 1184 §1, 1996; Ord. 1804 §1, 2005)

2-28-120  Appeals. Go to the top

Appeals may be taken by any defendant from any judgment of the municipal court within thirty days after entry of the judgment. Appeals shall be taken as provided by the laws of the State of Colorado. (Ord. 245 §13, 1975; Ord. 1870 §1, 2007)

2-28-130  Protective orders. Go to the top

(A)  A municipal judge has the authority to issue a protective order against any person charged with or convicted of a municipal offense as a condition of arraignment or as part of the person's sentence.

(1)  For a person charged: Such order shall remain in effect from the time that the person is given an advisal of rights at arraignment or the first court appearance before the municipal judge until final disposition of the case or until further order of the municipal judge. Such order shall restrain the person charged from harassing, molesting, intimidating, retaliating against, tampering with, or contacting directly or indirectly any witness to or victim of the municipal offense charged.

(2)  For a person convicted: Such order shall remain in effect as determined by the municipal judge, not to exceed one year, and may be a part of any sentence imposed by the municipal judge. Such order shall restrain the defendant from harassing, molesting, intimidating, retaliating against, or tampering with, or contacting directly or indirectly any witness to or victim of the acts for which the defendant was convicted.

(3)  The person charged or convicted shall be personally served with the order or shall otherwise have actual knowledge of the contents of any such order by judicial advisement of the contents of the order and the court providing a copy of such order to the person charged or convicted.

(B)  It shall be unlawful for any person to violate a protective order issued pursuant to subsection 2-28-130(A). Violation of a protective order constitutes a separate criminal offense, punishable by chapter 1-12, B.M.C.

(1)  Any sentence imposed for a violation of subsection 2-28-130(B) shall run consecutively and not concurrently with any sentence imposed for any crime which gave rise to the issuing of the order.

(2)  The municipal judge may continue, dismiss or modify any existing order issued pursuant to subsection 2-28-130(A). (Ord. 1866 §1, 2007)

2-28-140  Juveniles. Go to the top

(A)  As used in this section, juvenile has the same meaning as in section 19-1-103(18), C.R.S.

(B)  The municipal judge, upon the conviction of a juvenile for any violation of any provision of the code or any other ordinance, other than a violation of any of the provisions of Title 10, "Vehicles and Traffic," of the Broomfield Municipal Code may, if the evidence warrants, place the juvenile on probation and as one condition of said probation, order the juvenile to attend a counseling program, to be supervised by the court. The municipal judge shall have the authority to designate or establish programs to be administered under his authority for the purpose of assisting and counseling juveniles convicted of violating any provision of this code or any other municipal ordinance.

(C)  Court records of proceedings concerning a juvenile charged with violation of the Broomfield Municipal Code or any other ordinance, other than Title 10, "Vehicles and Traffic," shall be identified as juvenile records and shall be open to inspection without a court order as allowed by the Colorado Children's Code, Title 19, C.R.S. A juvenile probation officer's records and all other reports of social and clinical studies, whether or not part of the court file, shall not be open to inspection except as allowed by the Colorado Children's Code, Title 19, C.R.S.

(D)  The municipal judge may order the general public to be excluded from any hearing, trial or other proceeding involving a juvenile charged with any violation of the Broomfield Municipal Code, or any other ordinance, other than Title 10, "Vehicles and Traffic," on its own motion or the motion of any party and if the interest of the juvenile so requires, and in such case only such persons shall be admitted, including persons whom the parents, guardian, or legal custodian wish to be present, as have a direct interest in the case or in the proceeding before the court.

(E)  Upon the request of the municipal court, the city and county attorney's office, or the defendant, the clerk of the municipal court shall issue a subpoena for the appearance, at any and all stages of the court's proceedings, of the parent, guardian, or legal custodian of any juvenile under eighteen years of age who is charged with a municipal offense.

(F)  The municipal court shall relinquish jurisdiction over any juvenile upon an order for such relinquishment duly entered by a district or juvenile court of the State of Colorado having jurisdiction over such juvenile; as evidenced by a certified copy of such order filed with the municipal court.

(G)  Parental responsibility. In addition to any of the provisions specified in this section, any sentence imposed pursuant to this section may require the juvenile's parent, guardian, or legal custodian to perform certain acts, so long as the parent, guardian, or legal custodian is a party to the proceedings, and the parent, guardian, or legal custodian has received notice of the hearing. Any such requirements and sanctions shall be in addition to penalties already provided for in chapter 1-12, Broomfield Municipal Code. The court may require:

(1)  The juvenile or both the juvenile and his or her parent, guardian, or legal custodian to perform volunteer service in the community designed to contribute to the rehabilitation of the juvenile or to contribute to the ability of the parent, guardian, or legal custodian to provide proper parental care and supervision of the juvenile;

(2)  The parent, guardian or legal custodian of a juvenile or both the parent, guardian, or legal custodian and the juvenile to attend a parental responsibility training program. The court may make reasonable orders requiring proof of completion of such training course within a certain time period.

(3)  The juvenile or both the juvenile and his or her parent, guardian or legal custodian may be ordered to perform services for the victim, designed to contribute to the rehabilitation of the juvenile, if the victim consents in writing to such services. However, the value of the services required to be rendered by the parent, guardian, or legal custodian of the juvenile under this subsection shall not exceed the damages as set forth in section 13-21-107, C.R.S., for any one ordinance violation.

(4) a. After a hearing at which the guardian or legal custodian is present, the court may order the guardian or legal custodian of the juvenile to make restitution pursuant to the terms and conditions set forth in this section; except that the liability of the guardian or legal custodian of the juvenile under this subsection shall not exceed the damages as set forth in section 13-21-107, C.R.S., for any one ordinance violation. If the custodian of the juvenile has made diligent, good faith efforts to prevent or discourage the juvenile from engaging in delinquent activity, the court shall absolve the guardian or legal custodian of liability for restitution under this subsection.

b.  After a hearing at which the parent is present, the court may order the juvenile's parent to make restitution in a reasonable amount pursuant to the terms and conditions set forth in this subsection; except that the liability of the parent under this section shall not exceed $3,500.00 for any one ordinance violation. If the court finds, after a hearing, that the juvenile's parent has made diligent, good faith efforts to prevent or discourage the juvenile from engaging in delinquent activity, the court shall absolve the parent of liability for restitution under this subsection. As used in this subsection, parent has the same meaning as in Title 19, C.R.S.

(5)  Restitution – Juvenile.

a.  If the court finds that a juvenile has damaged the personal or real property of a victim, that the victim's personal property has been lost, or that personal injury has been caused to a victim as a result of the juvenile's ordinance violation, the court may enter a sentencing order requiring the juvenile to make restitution for actual damages done to persons or property; except that the court shall not order restitution if it finds that monetary payment or payment in kind would cause serious hardship or injustice to the juvenile.

b.  Such order shall require payment of insurers and other persons or entities succeeding to the rights of the victim through subrogation or otherwise, if appropriate. Restitution shall be ordered in a reasonable amount to be paid in a reasonable manner, as determined by the court.

(6)  Failure of the juvenile, parent, guardian, or legal custodian to obey any order of the court shall subject them to the contempt sanctions of the court.

(7)  Victim, as used in this section, means the party immediately and directly aggrieved by the juvenile, that party's spouse, the party's parent, sibling, or juvenile who is living with the party, a victim compensation board that has paid a victim compensation claim, a person or entity who has suffered losses because of a contractual relationship with such party, including but not limited to an insurer, or because of liability under section 14-15-707, C.R.S., or in the absence of any of the above, the State. (Ord. 1868 §1, 2007)


Chapter 2-32

Building Official

2-32-010  Office created; appointment. Go to the top

There is created and established an office of building official as an administrative office of the city. The building official shall be appointed by the city manager or his or her designated representative. (Ord. 281, Art. 2 §1, 1977)

2-32-020  Powers and duties generally. Go to the top

The building official shall enforce the provisions of title 15 of this code, including any codes adopted therein by reference, excepting, however, the International Fire Code. The building official and his or her designated representatives shall have all of the powers of a peace officer for the purposes of enforcing such provisions. (Ord. 440 §1, 1981)


Chapter 2-36

Reserved


Chapter 2-40

Planning and Zoning Commission

2-40-010  Created. Go to the top

Pursuant to the authority conferred by chapter XI of the Charter, there is created a planning and zoning commission (the "commission") for the city. (Ord. 4 Art. 1 §1, 1961; Ord. 1071 §1, 1994; Ord. 1107 §1, 1995; Ord. 1935 §5, 2011)

2-40-020  Members; term of office. Go to the top

The commission shall consist of seven members, who shall not be members of the city council, but who shall be appointed by city council. Council may also appoint first and second alternate members. If any regular member is absent from any meeting of the commission, an alternate member may serve in such member's place with all the powers and duties of the absent member. The term of each regular member shall be four years or until his or her successor takes office, provided that any appointment made to fill an unexpired term shall be for the balance of such term. Effective November 1, 2007, terms of the members then in office shall be extended three months so that all terms expire on the 31st of March of the following year and all subsequent terms of all members shall begin on April 1st and end on March 31st. (Ord. 213 §2, 1974; Ord. 748 §1, 1988; Ord. 1071 §1, 1994; Ord. 1107 §1, 1995; Ord. 1206 §1, 1997; Ord. 1302 §2, 1998; Ord. 1775 §1, 2004; Ord. 1882 §3, 2007)

2-40-030  Members; qualifications. Go to the top

All members of the commission shall be bona fide residents of the city, and if any member ceases to reside in the city, his or her membership shall immediately terminate. All members of the commission shall serve as such without compensation. (Ord. 4 Art. 1 §3, 1961; Ord. 1071 §1, 1994; Ord. 1107 §1, 1995; Ord. 1617 §2, 2001)

2-40-040  Organization; term of office. Go to the top

The commission shall elect its chairman from among the appointed members and create and fill such other of its offices as it may determine. The term of the chairman shall be one year, with eligibility for re-election. The commission shall hold at least one regular meeting in each month, and such meetings may be held consecutively on the same date. The commission shall adopt rules for transaction of business, and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. (Ord. 4 Art. 1 §4, 1961; Ord. 1071 §1, 1994; Ord. 1107 §1, 1995)

2-40-060  Powers and duties generally. Go to the top

(A)  The commission shall have all of the powers and perform each and all of the duties specified in this chapter and in titles 16 and 17, B.M.C.

(B)  The commission shall have all of the powers, duties, and responsibilities, and shall perform all functions of the following:

(1)  The Board of Appeals, as set forth in the International Building Code, as adopted in title 15 of this code.

(2)  The Board of Appeals, as set forth in the Uniform Code for the Abatement of Dangerous Buildings, as adopted in title 15 of this code.

(3)  The Housing Advisory and Appeals Board, as set forth in the Uniform Housing Code, as adopted in title 15 of this code.

(4)  The Board of Appeals, as set forth in the International Mechanical Code, as adopted in title 15 of this code.

(5)  The Board of Appeals, as set forth in the International Plumbing Code, as adopted in title 15 of this code.

(6)  The Board of Appeals, as set forth in the International Fire Code, as adopted in title 15 of this code.

(7)  The Contractor Licensing Board, as set forth in chapter 15-32 of this code.

(8)  Any appellate board or body established by the provisions of any other provision of title 15 of this code, including any codes adopted therein by reference. (Ord. 4 Art. 1 §6, 1961; Ord. 1071 §1, 1994; Ord. 1107 §1, 1995; Ord. 1935 §6, 2011)

2-40-070  Powers, duties, and procedures to grant variances and make adjustments to zoning. Go to the top

The planning and zoning commission shall also have the following powers and duties:

(A)  As established elsewhere throughout this code, to hear and decide appeals from, and review any order, requirement, decision, or determination made by an administrative official charged with enforcement of the regulations established by titles 15, 16, and 17, B.M.C.

(B)  To authorize variances from the terms of title 17, B.M.C., where, by reason of exceptional conditions, the strict application of any regulation enacted in this title would result in peculiar and exceptional practical difficulties to, or undue hardship upon, the owner of such property, provided that such relief may be granted without substantial detriment to the neighborhood or to the public good and without substantially impairing the intent and purposes of title 17, B.M.C., and provided that no variance shall authorize any use other than the use permitted in the zoning district, except as authorized in subsection (C) below.

(C)  To authorize, as variances, alterations in nonconforming buildings or uses, provided that the commission determines:

(1)  That the total area (and volume in the case of buildings) devoted to the altered nonconforming use will not be greater than the total area devoted to the current nonconforming use, and

(2)  The altered nonconforming building or use will not have any greater adverse impact on the neighborhood than the current nonconforming building or use. The factors which the commission may consider include, but shall not be limited to:

a.  The purpose of title 17, B.M.C.;

b.  Noise;

c.  Visual impact;

d.  Dust;

e.  Odors;

f.  Traffic; and

g.  Impact on public services.

(D)  To perform each and all of the duties specified in section 31-23-307 C.R.S., together with all other duties or authority which may hereafter be conferred upon it by the laws of the state or ordinances of the city.

(E)  The commission shall not be authorized to vary the terms of the sign code but may grant special exceptions as set forth in sections 17-44-320 through 17-44-370, B.M.C.

(F)  When acting pursuant to this section, the commission shall hold a public hearing on all applications and appeals subject to the following:

(1)  Notice shall be given in accordance with the provisions of chapter 17-52, B.M.C.

(2)  Unless otherwise stated in the commission's minutes, all uses permitted by variance pursuant to subsections (B) and (C) above shall be commenced within six months of the time such variance is granted, otherwise the variance shall be null and void.

(3)  A fee of $25.00 shall be charged for all appeals and variance requests, which fee shall be paid by the applicant or appellant in addition to the notice fees required by chapter 17-52, B.M.C.

(4)  The concurring vote of four members of the commission shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant in order to effect any variance.

(G)  Every appeal to the planning and zoning commission shall be filed not later than thirty days from the date of the order, requirement, decision, or determination being appealed. The commission shall have no jurisdiction to hear any appeal not brought within thirty days from the date of such order, requirement, decision, or determination.

(H)  The order, requirement, decision, or determination by an administrative official shall become a final order of the commission upon the happening of any one of the following events:

(1)  The failure of the applicant to appeal the order, requirement, decision, or determination of the administrative official to the commission within the time period prescribed in subsection (G) above.

(2)  The failure of the applicant to appeal the order of the commission to the district court in accordance with Colorado law. (Ord. 1935 §7, 2011; Ord. 1942 §3, 2011)

2-40-080  Review of development proposals. Go to the top

The commission shall review and recommend to the city council development proposals as provided in titles 16 and 17, B.M.C. (Ord. 1071 §1, 1994; Ord. 1107 §1, 1995)

2-40-100  Review of urban renewal site plans. Go to the top

The commission shall hold a public hearing on urban renewal site plans prior to consideration of the plan by the Broomfield Urban Renewal Authority. The commission shall make recommendations to the Broomfield Urban Renewal Authority as to the conformity of the urban renewal site plans to applicable urban renewal plans and urban renewal design standards. (Ord. 1775 §2, 2004)


Chapter 2-42

Open Space and Trails Advisory Committee

2-42-010  Committee established. Go to the top

There is hereby established an open space and trails advisory committee, which will advise the city council on amendments to the open space element of the master plan. The open space and trails advisory committee is charged with the responsibility of making recommendations to the city council regarding the following:

(A)  The acquisition of open space parcels;

(B)  The location, type, and timing of trail segments and crossings; and

(C)  A long-range plan for open space use and management. (Ord. 1018 §1, 1993; Ord. 1111 §1, 1995; Ord. 1414 §1, 1999)

2-42-020  Committee membership. Go to the top

(A)  The membership of the open space and trails advisory committee will be comprised of eight members, including seven members at large and one ex officio, nonvoting council member. Appointments shall be by a majority vote of a quorum of the city council members present at any regular or special meeting. Members of the open space and trails advisory committee must be residents of the city. The term of office for members of the open space and trails advisory committee will be four-year overlapping terms. For the two additional members appointed to the open space and trails advisory committee in calendar year 2002, one member shall serve a term expiring on December 31, 2003, and one member shall serve a term expiring on December 31, 2005. Effective November 1, 2007, terms of the members then in office shall be extended three months so that all terms expire on the 31st of March of the following year and all subsequent terms of all members shall begin on April 1st and end on March 31st. The ex officio council member shall serve a two-year term. The city council may appoint one ex officio alternate council member.

(B)  Members of the open space and trails advisory committee will continue to serve after the expiration date of their term of office until a successor is duly qualified and appointed by the city council. Members of the open space and trails advisory committee serve at the pleasure of the city council. Any member of the open space and trails advisory committee may be removed from office by the city council under the provisions of section 11.2 of the Charter. (Ord. 1018 §1, 1993; Ord. 1102 §1, 1995; Ord. 1302 §9, 1998; Ord. 1414 §1, 1999; Ord. 1699 §1, 2002; Ord. 1882 §4, 2007)

2-42-030  Committee meetings. Go to the top

(A)  At an organizational meeting held not later than ninety days from the effective date of the ordinance adopting this chapter, the members of the open space and trails advisory committee will meet at the call of the city manager. The open space and trails advisory committee will select from among its membership a chairman and such other officers as are deemed necessary by the open space and trails advisory committee. No ex officio council member shall hold an office on the open space and trails advisory committee.

(B)  The open space and trails advisory committee will adopt bylaws and conduct its meetings according to Robert's Rules of Order Newly Revised. The open space and trails advisory committee will meet at the call of the chairman or as often as required in the bylaws. The open space and trails advisory committee will hold a regular meeting at least twice annually. The open space and trails advisory committee shall hold a joint meeting with the parks and recreation advisory committee, at least once annually, for purposes of coordination. The city manager is directed to provide the open space and trails advisory committee with clerical assistance as directed by the ex officio council member and with a location at a city building to hold its meetings. All meetings of the open space and trails advisory committee are subject to the provisions of part 4 of the Colorado Sunshine Act of 1972, as amended. (Ord. 1018 §1, 1993; Ord. 1414 §1, 1999)

2-42-040  Public hearings. Go to the top

The open space and trails advisory committee may hold public hearings, if directed by city council, on the acquisition of parcels for open space and trails. Notice of all such public hearings will conform to the provisions of chapter 17-52, B.M.C., insofar as may be practicable. (Ord. 1018 §1, 1993; Ord. 1414 §1, 1999)


Chapter 2-44

Parks and Recreation Advisory Committee

2-44-010  Committee established. Go to the top

There is hereby established a parks and recreation advisory committee, which will advise the city council on amendments to the parks and recreation portions of the master plan. The parks and recreation advisory committee is charged with the responsibility of making recommendations to the city council regarding the following:

(A)  The acquisition of parcels for parks and recreation purposes;

(B)  New and upgraded parks and recreation facilities; and

(C)  A long-range plan for parks and recreation facilities development. (Ord. 1414 §2, 1999)

2-44-020  Committee membership. Go to the top

(A)  The membership of the parks and recreation advisory committee will be comprised of eight members, including seven at-large members and one ex officio, nonvoting council member. Appointments shall be by a majority vote of a quorum of the city council members present at any regular or special meeting. Members of the committee must be residents of the city. The term of office for members of the parks and recreation advisory committee will be four-year overlapping terms except that two members will initially be appointed to the parks and recreation advisory committee for a two-year term of office; thereafter, the term of these two offices will be four years. The ex officio council member shall serve a two-year term. The city council may appoint one ex officio alternate council member. Effective November 1, 2007, terms of the members then in office shall be extended three months so that all terms expire on the 31st of March of the following year and all subsequent terms of all members shall begin on April 1st and end on March 31st.

(B)  Members of the parks and recreation advisory committee will continue to serve after the expiration date of their term of office until a successor is duly qualified and appointed by the city council. Members of the parks and recreation advisory committee serve at the pleasure of the city council. Any member of the parks and recreation advisory committee may be removed from office by the city council under the provisions of section 11.2 of the Charter. (Ord. 1414 §2, 1999; Ord. 1760 §1, 2004; Ord. 1882 §5, 2007)

2-44-030  Committee meetings. Go to the top

(A)  At an organizational meeting held not later than ninety days from the effective date of the ordinance adopting this chapter, the members of the parks and recreation advisory committee will meet at the call of the city manager. The parks and recreation advisory committee will select from among its membership a chairman and such other officers as are deemed necessary by the parks and recreation advisory committee. No ex officio council member shall hold an office on the parks and recreation advisory committee.

(B)  The parks and recreation advisory committee will adopt bylaws and conduct its meetings according to Robert's Rules of Order Newly Revised. The parks and recreation advisory committee will meet at the call of the chairman or as often as required in the bylaws. The parks and recreation advisory committee will hold a regular meeting at least twice annually. The parks and recreation advisory committee shall hold a joint meeting with the open space and trails advisory committee for purposes of coordination at least once annually. The city manager is directed to provide the parks and recreation advisory committee with clerical assistance as directed by the ex officio council member and with a location at a city building to hold its meetings. All meetings of the parks and recreation advisory committee are subject to the provisions of part 4 of the Colorado Sunshine Act of 1972, as amended. (Ord. 1414 §2, 1999)

2-44-040  Public hearings. Go to the top

The parks and recreation advisory committee may hold public hearings, if directed by city council, on the acquisition of parcels for parks and recreation purposes. Notice of all such public hearings will conform to the provisions of chapter 17-52, B.M.C., insofar as may be practicable. (Ord. 1414 §2, 1999)


Chapter 2-48

Emergency Management

2-48-010  Purpose. Go to the top

The purpose of the ordinance codified in this chapter is to declare the emergency management unit within the city's police department as the local disaster agency, as described in the "Colorado Disaster Emergency Act of 1992", part 21 of article 32 of title 24, C.R.S., as amended and to set forth certain other emergency management authority, responsibility, and procedure. (Ord. 1652 §1, 2001)

2-48-020  Definitions. Go to the top

As used in this chapter, the definitions set forth in section 24-32-2103, C.R.S., apply as definitions to this chapter. The definition of disaster shall be as set forth in section 24-32-2103 (1.5), C.R.S., and includes any other declared disaster that requires the aid and assistance of local, state or federal agencies. (Ord. 1652 §1, 2001)

2-48-030  Preparedness and coordination. Go to the top

The emergency management unit within the police department shall be responsible for disaster preparedness and coordination of disaster response for the city. The emergency management unit shall prepare and keep current a local disaster emergency plan, known as the emergency operations plan (EOP) for the city, which is subject to approval of the council by resolution. An emergency management system shall be developed and tested to assure capability of managing disasters and extraordinary events. The EOP will identify emergency responsibilities of all local agencies and officials. (Ord. 1652 §1, 2001)

2-48-040  Disaster declaration powers. Go to the top

(A)  The city manager, as the principal executive officer of the city, shall have the power to declare that a state of disaster exists when he or she is of the opinion that a disaster or extraordinary emergency event has occurred or the threat of such event is imminent.

(B)  The declaration of disaster shall be in writing and shall describe the nature of the disaster, the area threatened, the conditions which have brought it about, and the conditions, if any, that would remedy it. The declaration shall be forwarded to the mayor or the mayor pro tem, who shall file the declaration with the city clerk and forward a copy to the state office of emergency management. The mayor shall be responsible for publication and dissemination of information to the public.

(C)  The issuance of a declaration declaring a state of disaster or emergency shall automatically empower the city manager to exercise any and all of the disaster and emergency powers permitted by state and local law and shall activate all relevant portions of the EOP.

(D)  The mayor shall convene the city council to perform its legislative powers as the situation demands and shall receive reports through the city manager and evaluate and enact policy and other incident support as required. Nothing in this chapter shall abridge or curtail the powers of the council.

(E)  A state of disaster shall remain in effect until the city council or city manager declares that the threat of danger has passed or that the disaster or emergency conditions no longer exist. However, a state of disaster shall not be continued or renewed for a period in excess of seven days unless the council approves a longer duration. City council may by motion terminate a state of disaster or emergency at any time, and the city manager shall immediately issue a notice effecting the same. Any declaration continuing or terminating a state of disaster or emergency shall be filed with the city clerk, and a copy shall be forwarded to the state office of emergency management.

(F)  Subsequent to the declaration of a disaster, as defined in this chapter, the city manager may exercise any and all powers granted by applicable local or state law, including:

(1)  Suspend the provisions of this code that prescribe procedures for conduct of city business, if strict compliance would in any way prevent, hinder, or delay necessary action in coping with the disaster or emergency, provided that such suspension of the provisions of this code is confirmed at the earliest practicable time by city council;

(2)  Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster, provided such rules and regulations are confirmed at the earliest practicable time by city council;

(3)  Requisition necessary personnel, material, or supplies of any city department, division, or agency;

(4)  Subject to any applicable legal requirements to provide compensation for services or for taking or use of property, subject to the principles set forth in section 24-32-2111, C.R.S., and articles 1 through 7 of title 38, C.R.S., to commandeer or utilize any private property necessary to cope with the disaster or emergency; and

(5)  Exercise all powers permitted by the city charter and state law to require emergency services of any city officer or employee and command the aid of as many people in the city as he or she deems necessary in the execution of his or her duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for civil defense workers. (Ord. 1652 §1, 2001)

2-48-050  Line of succession. Go to the top

If the city and county manager is unable to perform the duties or functions set forth in this chapter, then the powers and duties conferred upon the city and county manager shall be performed by the following persons in descending order: by the deputy city and county manager, and then by the chief of police. (Ord. 1652 §1, 2001; Ord. 1725 §1, 2003)

2-48-055  Emergency meetings. Go to the top

(A)  Upon the declaration of a state of disaster by the city and county manager, an emergency meeting of the city council may be called as provided for in section 5.2 of the Charter in order to protect the public health, safety, or welfare of the residents of the city.

(B)  The requirement for twenty-four hours' posting of notice of the meeting as required by section 24-6-402(2)(c), C.R.S., may be waived by majority vote of a quorum present at such emergency meeting as the first item of business.

(C)  At such emergency meeting any action within the police power of the city council necessary for the immediate protection of the public health, safety, or welfare may be taken, provided that any action taken at an emergency meeting shall be effective only until the next regular or special meeting of the city council. At such regular or special meeting the emergency issue shall be included in the notice posted pursuant to section 24-6-402(2)(c), C.R.S. At such subsequent meeting the city council may ratify any emergency action taken. If any emergency action taken is not ratified, it shall be deemed to be rescinded. Emergency ordinances enacted by the city council need not be ratified, provided such ordinances were enacted in compliance with section 6.9 of the Charter. (Ord. 1776 §1 2004)

2-48-060  Conflicting ordinances, rules, and regulations. Go to the top

Any orders, rules and regulations promulgated during a proclaimed state of disaster shall take precedence over existing ordinances, rules, and regulations if a conflict arises. (Ord. 1652 §1, 2001)

2-48-070  City nonliability designated. Go to the top

Except in the case of willful misconduct, neither the city nor any of its agencies, agents, employees, or representatives, while engaging in any disaster response activities, while complying with or attempting to comply with the provisions of this chapter, or with any rules or regulations promulgated pursuant to the provisions of this chapter, shall be liable for the death of or injury to persons or damage to property as a result of such activities. The provisions of this section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this chapter, or under the worker's compensation law, or under any pension law, nor the right of any such person to receive any benefit or compensation under any act of congress or the general assembly of the state. (Ord. 1652 §1, 2001)

2-48-080  Penalty for violation. Go to the top

It shall be a misdemeanor, punishable as provided in chapter 1-12, B.M.C., for any person to willfully hinder, obstruct, or delay any provisions of this chapter from being performed, or to violate any rule or regulation promulgated hereunder in the time of disaster. (Ord. 1652 §1, 2001)


Chapter 2-52

Public Library

2-52-010  Library department established. Go to the top

A library department is hereby established in the general fund of the city and under the provisions of section 8.8 of the Charter. Said library department shall be responsible for providing a full range of public library services to the citizens of the city and, under inter-library cooperative agreements, to the public at large. Said services shall be provided free or under reasonable charges approved by the city council. (Ord. 330 §1, 1978)

2-52-020  Library board created. Go to the top

There shall be and is created a library board consisting of seven members who shall be appointed by and advisory to the city council. Members must be residents of the city. The terms of office of members of the library board shall be as established by resolution of the city council. Effective November 1, 2007, terms of the members then in office shall be extended three months so that all terms expire on the 31st of March of the following year and all subsequent terms of all members shall begin on April 1st and end on March 31st. Members shall continue to serve after the expiration date of their term of office until a successor is duly qualified and appointed by the city council. Vacancies on the board shall be filled as soon as possible in the manner in which members are regularly chosen. A member shall not receive a salary nor other compensation for services as a board member, but necessary traveling and subsistence expenses actually incurred may be paid from the general fund. A member may be removed by city council under the provisions of section 11.2 of the Charter; a majority of the library board may recommend such action. (Ord. 330 §1, 1978; Ord. 665 §1, 1985; Ord. 762 §1, 1988; Ord. 770 §1, 1988; Ord. 951 §1, 1993; Ord. 1104 §1, 1995; Ord. 1302 §5, 1998; Ord. 1386 §2, 1998; Ord. 1413 §1, 1999; Ord. 1882 §6, 2007)

2-52-030  Organization, powers and duties of the library board. Go to the top

The powers of the library board shall be advisory only and the board shall have the following duties:

(A)  To adopt rules and regulations for the conduct of meetings of the library board and for the orderly operation of the city library.

(B)  To prepare and submit to council a master plan for the development and maintenance of a modern library within the city and from time to time revise and amend the plan.

(C)  To review the annual library budget request prepared by the library director prior to its submittal to the city manager and city council and make written recommendations regarding approval or modification of the same.

(D)  To administer such gifts of money or property or endowments as may be granted to and accepted for library purposes and to take steps as the library board may deem feasible to encourage grants or gifts in support of the city library.

(E)  To recommend rules, regulations, terms, and conditions under which residents and nonresidents of the city may use the books and other materials of the public library for enactment by city council.

(F)  To review the qualifications of the final candidates for library director selected by the city manager, interview the candidates when practical, and report on an advisory basis to the city manager the board's preference.

(G)  To do all other acts necessary to assist in the orderly and efficient management of the library as directed by council. (Ord. 330 §1, 1978)

2-52-040  Merger of library fund and general fund. Go to the top

Effective the 1979 budget year, beginning January 1, 1979, the library fund shall be merged with the general fund. The library shall thereafter be funded as a separate department under the general fund. All assets and property of the library fund and library board shall be transferred to the city general fund, with the exception of gifts and endowments as provided for in section 2-52-030, and all obligations and liabilities shall be assumed by the city general fund. (Ord. 330 §1, 1978; Ord. 746 §1, 1987)

2-52-050  Annual report. Go to the top

At the close of each year, the library director and the library board shall make a report to the city council showing the number of books, periodicals, or other materials on hand, the number added during the year, the number retired, the number loaned and borrowed, and other such statistics and information and such suggestions as they deem of public interest. A copy of this report shall be filed with the state librarian. (Ord. 330 §1, 1978)

2-52-060  Meetings. Go to the top

The library board shall convene on the fourth Thursday in January or at such other time as shall be agreed upon to organize and elect a chairman, vice chairman, secretary, and treasurer. The board may hold special meetings as the chairman of the board requests. A record of the minutes of each meeting shall be kept and given to the city clerk for public inspection and distribution to the city council. (Ord. 330 §1, 1978; Ord. 1413 §2, 1999)

2-52-070  Penalty for violation. Go to the top

It shall be a misdemeanor for any person to willfully retain any book, newspaper, magazine, pamphlet, manuscript, or other property belonging to the public library for thirty days after notice in writing to return the same, said notice given after the expiration of the time that by the rules of the public library such article or other property may be kept and, upon conviction thereof, such person shall be punished by a penalty as provided in chapter 1-12, B.M.C. (Ord. 330 §1, 1978)

2-52-080  Fines for overdue, damaged, or lost materials. Go to the top

The library department shall collect and library users shall pay fines for overdue, damaged, and lost materials in accordance with the following schedule:

(A)  A fine of $0.10 per day shall be charged for each overdue book, audio cassette, juvenile periodical, map, CD-ROM, pamphlet, and compact disk.

(B)  A fine of $0.25 per day shall be charged for each overdue adult and young adult periodical.

(C)  A fine of $1.00 per day shall be charged for each overdue video cassette and DVD. A fine of $2.00 per day shall be charged for each overdue Ebook reader. A fine of $2.00 per Ebook reader shall be charged if Ebook readers are returned to a location other than the Mamie Doud Eisenhower Reference Desk.

(D)  Overdue fines are subject to the following limits:

(1)  For an overdue book, audio cassette, juvenile periodical, map, CD-ROM, DVD, video cassette, or compact disk the overdue fine shall not exceed the current books in print or catalog price of the item.

(2)  For an overdue pamphlet or periodical, the overdue fine shall not exceed $10.00.

(E)  Damaged items. A person returning an item which has been damaged while in such person's possession shall be fined in the amount equal to the estimated cost of repair, provided that the fine shall not exceed the current books in print or catalog price or default fine for the item, plus $5.00 processing fee.

(F)  Lost items. An item is determined to be lost if it is ninety days overdue. A person who loses an item, or who does not return an item within thirty days of written notice to do so shall be fined in the amount of the current books in print or catalog price of the item, plus $5.00 processing fee.

(G)  Out-of-print items. If an item which is lost or irreparably damaged is not listed in current books in print or current catalog, a default fine shall be assessed in the amount of $10.00 for a mass trade paperback or periodical, $40.00 for a video cassette, and $20.00 for all other items, plus $5.00 for processing fee per item.

(H)  Identification cards. A fine of $2.00 shall be charged for each lost or damaged identification card. (Ord. 897 §1, 1991; Ord. 1196 §18, 1996; Ord. 1460 §1, 2000; Ord. 1568 §17, 2001; Ord. 1665 §1, 2002; Ord. 1707 §1, 2003)

2-52-100  Failure to pay fee or fines. Go to the top

(A)  If the total fees or fines due from any one person are over $2.00, that person shall not be entitled to use their library card until such fees or fines are paid in full.

(B)  It is unlawful for any person to fail to pay the fees or fines adopted pursuant to this chapter. Such failure shall be subject to the penalties prescribed in chapter 1-12, B.M.C. (Ord. 485 §3, 1982; Ord. 1460 §3, 2000)


Chapter 2-56

Fees for Research and Copying of Criminal Justice Records

2-56-010  Fees for research and copying. Go to the top

(A)  The fee for researching files of the combined court or the police department shall be $5.00 for one preprogrammed computer query and $25.00 per hour for each custom query or other general research. A $25.00 deposit is required for researching files. The fee for researching master communication tapes and video tapes is $20.00 per hour, with a one-hour minimum charge.

(B)  The fee for copies of criminal, arrest, accident reports, and dispatch call printouts shall be $5.00 for the first ten pages and $.50 per page thereafter.

(C)  The fee for a local criminal background check shall be $10.00.

(D)  The cost for fingerprinting shall be no charge for a resident of the city and $15.00 for a nonresident of the city.

(E)  The cost for computer-aided dispatch (CAD) call printouts shall be $2.00 per incident.

(F)  The fee for reprints of photos or video tapes is the actual cost of the photos or video tapes. (Ord. 577 §1, 1984; Ord. 1066 §1, 1994; Ord. 1748 §1, 2003)

2-56-020  Waiver. Go to the top

Either the chief of police (or his or her designee) or the municipal judge (or his or her designee) may waive fees for persons executing an affidavit of indigence and for any tax-supported public agency. (Ord. 577 §1, 1984)


Chapter 2-58

Voting on Agreements

2-58-010  Voting on agreements with nonprofit corporations and foundations. Go to the top

Notwithstanding any prohibition to the contrary in article 18 of title 24, C.R.S., any councilmember who is a director or an officer of a nonprofit corporation or of a foundation may vote on any agreement between the city and such nonprofit corporation or foundation, unless such councilmember is otherwise excused from voting for either a personal or a financial interest in such agreement as provided in section 6.3 of the Charter. (Ord. 1077 §1, 1994)


Chapter 2-60

Administrative Organization

2-60-010  Purpose. Go to the top

The purpose of this chapter is to establish administrative departments as provided for in section 8.8(a) of the Charter and to establish the executive offices for the city and county manager and city and county attorney. (Ord. 1251 §1, 1997; Ord. 1677, §2, 2002)

2-60-020  Administrative policies and procedures. Go to the top

The city and county manager is authorized to promulgate and enforce administrative policies and procedures consistent with law relating to the exercise by the city and county manager of supervision and control over the executive offices and administrative departments of the city and county and the employees thereof. (Ord. 1251 §1, 1997; Ord. 1677 §2, 2002)

2-60-030  Office of the city and county manager. Go to the top

(A)  The office of the city and county manager includes the city and county manager and such deputies and assistants as may be authorized by the city council.

(B)  In the absence or disability of the city and county manager, a deputy city and county manager or an assistant city and county manager designated by the city and county manager is hereby authorized to act for and on behalf of the city and county manager and shall have all responsibilities, duties, functions, and authority of the city and county manager.

(C)  The city and county manager may assign various functions and duties to the different departments and divisions. (Ord. 1251 §1, 1997; Ord. 1677 §2, 2002)

2-60-040  Office of the city and county attorney. Go to the top

(A)  The office of the city and county attorney includes the city and county attorney and such deputies and assistants as may be authorized by the city council.

(B)  In the absence or disability of the city and county attorney, a deputy city and county attorney designated by the city and county attorney is hereby authorized to act for and on behalf of the city and county attorney and shall have all responsibilities, duties, functions, and authority of the city and county attorney. (Ord. 1251 §1, 1997; Ord. 1677 §2, 2002)

2-60-050  Communications and governmental affairs department. Go to the top

There is hereby established a department of communications and governmental affairs, which shall be supervised by a director of communications and governmental affairs who shall be responsible for community relations, citizens' assistance, and intergovernmental relations. (Ord. 1677 §2, 2002)

2-60-060  Police department.Go to the top

(A)  There is hereby established a police department, which shall be supervised by a police chief. The police department includes all municipal police functions and all county sheriff functions, including but not limited to court security, jail management, emergency management, and civil process.

(B)  The police chief shall be a resident of the City and County of Broomfield no later than nine months following the commencement date of appointment to the position and throughout tenure as police chief thereafter. (Ord. 1251 §1, 1997; Ord. 1677 §2, 2002; Ord. 2004 §1, 2014)

2-60-070  Courts administration department. Go to the top

There is hereby established a courts administration department, which shall be supervised by a director of court services who shall be responsible for the administration of the municipal court and coordinated administration of the state courts in conjunction with the 17th judicial district. (Ord. 1677 §2, 2002)

2-60-080  Health and human services department. Go to the top

There is hereby established a health and human services department, which shall be supervised by a director of health and human services who shall be responsible for administration of all health and human services and senior services functions not otherwise delegated by the city and county manager or by ordinance. (Ord. 1677 §2, 2002)

2-60-090  Community resources department. Go to the top

There is hereby established a community resources department, which shall be supervised by a director of community resources who shall oversee the operations of recreation services, library services, open space and trails, and cultural affairs. (Ord. 1677 §2, 2002)

2-60-100  Finance department. Go to the top

There is hereby established a finance department, which shall be supervised by the director of finance who shall oversee the operations of purchasing, fiscal management, risk management, budget and research, accounting, payroll, utility billing, and county treasurer, and public trustee functions and responsibilities. (Ord. 1251 §1, 1997; Ord. 1677 §2, 2002; Ord. 1873 §4, 2007)

2-60-105  Assessor department. Go to the top

There is hereby established an assessor department, which shall be supervised by the director of the assessor department, which shall perform the acts and duties required of assessors pursuant to the state constitution and the general laws of the state and oversee the operations of the assessor department. In accordance with the provisions of section 8.3 and section 8.8 of the Broomfield Home Rule Charter, the director of the assessor department shall be appointed by and shall report to the city and county manager. (Ord. 1873 §5, 2007)

2-60-110  City and county clerk department. Go to the top

There is hereby established a city and county clerk department, the director of which shall be the city and county clerk, who shall oversee the operations of recording, elections, motor vehicles, central records and including the acts and duties required of clerk and recorders pursuant to the state constitution and the general laws of the state, and who shall serve as the city clerk pursuant to section 8.6 of the charter and oversee and perform all functions and duties of the city clerk as set forth in the Home Rule Charter and the Broomfield Municipal Code. (Ord. 1677 §2, 2002; Ord. 1873 §6, 2007)

2-60-120  Information technology department. Go to the top

There is hereby established an information technology department, which shall be supervised by a director of information technology who shall oversee all computer network and telecommunications systems within all city and county departments and facilities. (Ord. 1677 §2, 2002)

2-60-125  Performance and internal audit department. Go to the top

There is hereby created a performance and internal audit department, whose head shall be the director of performance and internal audit. The department shall be responsible for performing management, operational, and compliance audits and process reviews of the City and County of Broomfield departments, programs, and activities. (Ord. 1934 §1, 2011)

2-60-130  Human resources department. Go to the top

There is hereby established a human resources department, which shall be supervised by a director of human resources who shall oversee all personnel administration within the city and county organization. (Ord. 1677 §2, 2002)

2-60-135  Economic development department. Go to the top

There is hereby created an economic development department, whose head shall be the director of economic development. The department shall be responsible for managing the City and County of Broomfield's economic development program, including preparation and implementation of economic development plans, strategies, activities, and events for Broomfield. The department shall coordinate with the Broomfield Economic Development Corporation, the Broomfield Urban Renewal Authority, and other agencies. (Ord. 1934 §2, 2011)

2-60-140  Community development department. Go to the top

There is hereby established a community development department, which shall be supervised by a director of community development who shall oversee all planning, engineering, building, capital improvements, geographical information systems, septic systems applications review, housing authority, and county surveyor functions. (Ord. 1251 §1, 1997; Ord. 1677 §2, 2002)

2-60-150  Public works department. Go to the top

There is hereby created a public works department, which shall be supervised by a public works director who shall oversee facility maintenance, street maintenance, park maintenance, fleet maintenance, water utility maintenance, wastewater utility maintenance, water treatment, water supply planning and development, wastewater treatment, and environmental services. (Ord. 1677 §2, 2002)

2-60-160  Department directors. Go to the top

(A)  The city and county manager shall appoint a director for each of the administrative departments. In the event of a vacant department director position, the city and county manager may appoint an acting director for an administrative department for a period of time not exceeding six months.

(B)  Except for the police chief, department directors and acting department directors serve at the pleasure of the city and county manager. The police chief is included in the personnel merit system pursuant to section 9.1 of the Charter. (Ord. 1251 §1, 1997; Ord. 1677 §2, 2002)


Chapter 2-62

Alternate Members

2-62-010  Term of office for alternate members. Go to the top

(A)  The term of office for all incumbent alternate members serving on any city board, committee, or commission shall expire on December 31, 1998.

(B)  The term of office for alternate members hereafter appointed by the city council to any city board, committee, or commission shall expire on December 31. (Ord. 1302 §1, 1998; Ord. 1308 §1, 1998)

2-62-020  Alternate members serving as officers prohibited. Go to the top

Effective January 1, 1999, no alternate member shall serve as chairman, vice chairman, secretary, or other officer on any city board, committee, or commission. (Ord. 1308 §1, 1998)


Chapter 2-64

Cultural Council

2-64-010  Cultural council established. Go to the top

There is hereby created a cultural council whose members shall be appointed by the city council. (Ord. 1455 §1, 2000)

2-64-020  Membership; qualifications. Go to the top

(A)  The cultural council shall consist of seven members plus one alternate. All members and the alternate of the cultural council shall be residents of the city. If any member or alternate ceases to reside in the city, his or her membership shall immediately terminate. Members of the cultural council shall serve without compensation and shall hold no other municipal office. The city council will endeavor to appoint cultural council members with skills in leadership, nonprofit experience, business management, budget recording and analysis, consensus building, auditing, communication, arts, cultural history or science.

(B)  The term of office for members and alternates of the cultural council will be three-year, overlapping terms, except that two members will be initially appointed to the cultural council for a one-year term ending on December 31, 2001; two members will be initially appointed to the cultural council for a two-year term ending on December 31, 2002; and three members will be initially appointed to the cultural council for a three-year term ending December 31, 2003. Effective November 1, 2007, terms of the members then in office shall be extended three months so that all terms expire on the 31st of March of the following year and all subsequent terms of all members shall begin on April 1st and end on March 31st. Appointments shall be by a majority vote of a quorum of the city council members present at any regular or special meeting.

(C)  Members and alternates of the cultural council will continue to serve after the expiration date of their term of office until a successor is duly qualified and appointed by the city council. Members of the cultural council serve at the pleasure of the city council. Any member of the cultural council may be removed from office by the city council under the provisions of section 11.2 of the Charter.

(D)  A member may not serve more than two three-year successive terms as a member, but may be appointed as an alternate after serving two three-year successive terms. An alternate may serve any number of successive terms as an alternate and if appointed as a member may serve two three-year successive terms as such.

(E)  An alternate may serve in the place of an absent regular member and may complete the term of any member who resigns or is otherwise removed in accordance with the terms of this chapter. (Ord. 1455 §1, 2000; Ord. 1882 §7, 2007; Ord. 1885 §1, 2008)

2-64-030  Purpose, powers, and responsibilities. Go to the top

(A)  The cultural council shall prepare an annual plan for distribution of moneys to nonprofit institutional organizations or agencies of local government, which meet the criteria of the Colorado Scientific and Cultural Facilities Act, as provided in sections 32-13-103(4) and 32-13-107(3), C.R.S., and to submit such plan to the city council for its approval no later than the first council meeting of July each year. Upon approval of the city council, to submit such plan to the board of directors of the Denver Metropolitan Scientific and Cultural Facilities District ("District") no later than the fourth Wednesday in July of each year.

(B)  The cultural council shall make and maintain a current list of city nonprofit institutional organizations and agencies of local government that are or may be qualified to receive District funds.

(C)  The cultural council shall create the grant application, including guidelines, criteria, and assessment protocol and obtain the approval of city council and the District for the use of the grant application.

(D)  The cultural council shall provide the grant application to nonprofit institutional organizations and agencies of local government and all other materials and information necessary to make application for District funds.

(E)  The cultural council shall evaluate applications received and apportion available moneys among qualified applicants for the annual plan to be submitted to the city council for approval. The cultural council shall allocate one-quarter of the funds annually, without application, directly to the Cultural Affairs Division for the city auditorium or for other cultural purposes as allocated in the annual budget. The cultural council shall allocate the remaining nondesignated funds to organizations based in the county for general operating support and to special projects located within the District for project support. The cultural council shall show preference for special projects located within the city and county.

(F)  The cultural council shall host a grant award distribution ceremony.

(G)  The cultural council shall review revised budgets and final reports from grant recipients.

(H)  The cultural council shall evaluate the grant-making process and cultural council procedures and implement improvements.

(I)  The cultural council shall keep the District office updated on cultural council membership, all meetings, grant guidelines and applications, and funding plans.

(J)  The cultural council shall serve as liaison between local scientific and cultural organizations and agencies, the District's board of directors, and the city council.

(K)  The cultural council shall schedule and publish cultural council meetings, elect officers, and record and distribute meeting minutes. (Ord. 1455 §1, 2000; Ord. 1710 §1, 2003; Ord. 1901 §1, 2008)

2-64-040  Meetings. Go to the top

(A)  The cultural council shall hold at least four regular meetings each year, so that it meets at least once during each calendar quarter, beginning with a meeting in January.

(B)  Four members of the cultural council shall constitute a quorum for the transaction of business at any meeting. The act of a majority of the members present at a meeting shall be the act of the cultural council, unless a greater number is required by bylaws.

(C)  The cultural council will adopt bylaws and conduct its meetings according to Robert's Rules of Order Newly Revised. All meetings of the cultural council are subject to the provisions of part 4 of the Colorado Sunshine Act of 1972, as amended. (Ord. 1455 §1, 2000)

2-64-050  Organization. Go to the top

The officers of the cultural council shall consist of a chairperson, vice-chairperson, and secretary. Officers shall be elected annually by majority vote of the cultural council at its January meeting, shall assume their duties upon election, and shall serve one-year terms. Officers must be members of the cultural council and may succeed themselves in office. No two offices may be held by the same person. (Ord. 1455 §1, 2000)

2-64-060  Conflict of interest. Go to the top

(A)  A conflict of interest shall arise when a member of the cultural council stands or appears to gain financially or otherwise benefit themselves, their family, friends, or affiliated organizations. In such case, the cultural council member shall disclose said interest to the cultural council on the record and abstain from discussion and voting on the matter.

(B)  It shall be a conflict of interest for a cultural council member to discuss or vote on grant applications from an organization to which the cultural council member belongs or on whose board the cultural council member serves. (Ord. 1455 §1, 2000)


Chapter 2-66

Board of Equalization

2-66-010  Board established. Go to the top

There is hereby created a board of equalization whose members shall be designated by the city council. A majority of the board shall constitute a quorum, and no official action shall be taken at any meeting of the board unless a quorum is present. (Ord. 1551 §1, 2001)

2-66-020  Members; number; qualifications. Go to the top

The board of equalization shall consist of one council member and four residents of the city, at least three of whom shall be qualified in the field of real estate appraisal, finance, mortgage lending, property taxation, or real estate law. There shall also be one council member to serve as an alternate in the absence or inability of any appointed member to serve. All members shall be qualified electors of the city, and if any member ceases to reside within the city, his or her membership on the board shall automatically terminate. All members shall serve without compensation. (Ord. 1551 §1, 2001; Ord. 1846 §1, 2006)

2-66-030  Members; term of office. Go to the top

(A)  Citizen members shall be appointed to two-year overlapping terms of office, except that two members shall be initially appointed to the board of equalization for a term ending on December 31, 2002; and two members shall be initially appointed to the board of equalization for a term ending December 31, 2003. The city council member's and alternate city council member's terms shall initially run until November 30, 2003, and thereafter for a term of two years. Appointments shall be by a majority vote of a quorum of the city council members present at any regular or special meeting.

(B)  Citizen members shall continue to serve after the expiration date of their term of office until a successor is duly qualified and appointed by the city council. Members of the board of equalization serve at the pleasure of the city council. Any member of the board of equalization may be removed from office by the city council under the provisions of the Charter. (Ord. 1551 §1, 2001)

2-66-040  Organization; meetings; rules. Go to the top

(A)  The board shall elect a chairman from among its members, whose term shall be one year, with eligibility for reelection. The board shall elect its chairman at a meeting on the second Monday in July.

(B)  Meetings shall be called by the chairman as often as needed to conduct official business, as identified in this chapter. The board shall have authority to promulgate rules and regulations, as it deems necessary, in order to carry out its stated function, so long as said rules and regulations conform to the scope and intent of this chapter and state law.

(C)  At a meeting of the board of equalization on or around July 15 or other state-approved date, the assessor shall report the valuation of all taxable real and personal property in the city and county and shall note any valuations for assessment of portable or movable equipment which have been apportioned. The assessor shall submit a list of all persons who have failed to return any schedules and shall report action taken in each case. The assessor shall also submit a list of persons who have appeared to present objections or protests concerning real or personal property and what action was taken in each case. (Ord. 1551 §1, 2001)

2-66-050  Duties of the board of equalization. Go to the top

(A)  To perform all duties and functions required to be performed by the county board of equalization and the board of county commissioners under statute or constitution, as amended, regarding real and personal property tax appeals of assessor valuations as related to equalization, reduction, abatement, and rebate of property value and taxes, including final decisions regarding property tax appeals to the county board of equalization and petitions for abatement or refund of taxes.

(B)  Review valuations for assessment. The board of equalization shall review the valuations for assessment of all taxable property appearing in the assessment roll of the city and county, directing the assessor to supply any omissions, which may come to its attention. The board shall correct any errors made by the assessor, and, whenever in its judgment justice and right so require, it shall raise, lower, or adjust any valuation for assessment appearing in the assessment roll to the end that all valuations for assessment of property are just and equalized within the city and county.

(C)  Review petitions for abatements as required by state law and conduct hearings on petitions for abatement or refund of taxes, making final decisions and signing abatement petitions as the board of county commissioners. Hearings shall be conducted in accordance with section 2-66-070, B.M.C. and the board may designate a hearing officer or officers to conduct any such hearing and to recommend a decision on any petition for abatement or refund of taxes to the board.

(D)  The board of equalization shall have the authority to appoint independent hearing officers who are experienced in property valuation to conduct hearings on behalf of the board and to make findings and submit recommendations to the board of equalization for its final action. Such hearing officers must meet those qualifications required by the laws of Colorado. (Ord. 1551 §1, 2001; Ord. 1675 §1, 2002)

2-66-060  Petitions for appeal. Go to the top

(A)  The hearing officer or officers, as designated by the board, or the board shall receive and hear petitions from all persons whose objections or protests have been refused or denied by the assessor. Such petitions shall be in a form approved by the state property tax administrator, in accordance with Title 38, Article 8, C.R.S.

(B)  Upon receiving a petition for appeal, the board or its authorized agent shall note the filing of the petition, set a time for hearing of said petition, and notify the petitioner by mail of such time for hearing.

(1)  Petitions for appeal must be received or postmarked on or before July 15 of the year of valuation for real property, and July 20 of the valuation year for personal property, or the next business day.

(2)  The date the form is received by the board shall be stamped on the form. All forms shall be presumed to be on time unless the board can present evidence to show otherwise. (Ord. 1551 §1, 2001; Ord. 1675 §2, 2002)

2-66-070  Hearings on appeal. Go to the top

(A)  At the hearing upon a petition, the assessor or the assessor's authorized representative shall be present and shall produce information to support the basis and amount of the assessor's valuation of the property. The hearing officer shall hear and consider all testimony and examine all exhibits produced or introduced by either the petitioner or the assessor, with no presumption in favor of any pending valuation, and may subpoena witnesses to testify. The cost of producing the petitioner's witnesses shall be paid by the petitioner, and the cost of producing the assessor's witnesses shall be paid by the city and county. On the basis of the testimony produced and the exhibits introduced, the hearing officer shall recommend that the board of equalization grant or deny the petition, in whole or in part.

(B)  If the board concurs with the hearing officer's recommendation to grant a petition, in whole or in part, the assessor shall be directed by resolution of the board to adjust the valuation accordingly; but, if a recommendation that the petition be denied, in whole or in part, is adopted, the petitioner may appeal the valuation set by the assessor or, if the valuation is adjusted as a result of a decision of the board, the adjusted valuation may be appealed to the board of assessment appeals or to the district court, or arbitration in accordance with section 2-66-080. The petitioner shall be afforded written notice of the board's final decision, which notice shall also inform the petitioner of the right to appeal to the district court or to the board of assessment appeals, or to submit the case to arbitration pursuant to section 2-66-080 within the thirty-day period following any denial.

(C)  The hearing officer shall continue its hearings from time to time until all petitions have been heard, but all such hearings shall be concluded and final decisions rendered thereon by the board by the close of business on August 5 or such other state-approved date. (Ord. 1551 §1, 2001)

2-66-080  Appeals of board decisions; arbitrators; qualifications; procedures. Go to the top

(A)  As an alternative to an appeal of the board of equalization's decision through either the board of assessment appeals or the district court, an arbitration process shall be established. The city council shall develop a list of persons who shall be qualified to act as arbitrators of property valuation disputes. Such list shall be maintained by the office of the clerk and recorder.

(1)  Persons on such list may be any of the following who are experienced in the area of property taxation, and registered, licensed, or certificated by Colorado law:

a.  An attorney licensed to practice law in the state;

b.  An appraiser who is a member of the institute of real estate appraisers or its equivalent;

c.  A former county assessor;

d.  A retired judge;

e.  A licensed real estate broker.

(2)  No person may act as an arbitrator of property valuation disputes during any property tax year in which such person represents or has represented any taxpayer in any matter relating to the protest and appeal of property valuation or to the abatement or refund of property taxes in any jurisdiction.

(B)  Within thirty days of the county board of equalization's decision, any taxpayer who plans to pursue arbitration shall notify the board of his or her intent. The taxpayer and the county board of equalization shall select an arbitrator from the list prepared pursuant to subsection (A) of this section within forty-five days of the county board of equalization's decision or within thirty days from the date the list of arbitrators is made available in any given year, whichever is later. In the absence of agreement by the taxpayer and the county board of equalization within said specified time period, the district court of the county in which the property is located shall select an arbitrator from said list.

(C)  If the taxpayer elects to partake in arbitration, the board of equalization or its designated representative shall be required to participate in arbitration and to accept the arbitrator selected.

(D)  Arbitration hearings shall be at a time and place set by the arbitrator with the mutual consent of the taxpayer and the county board of equalization. The arbitration hearing shall be held within sixty days from the date the arbitrator was selected.

(1)  Procedure at arbitration hearings shall be informal, and strict rules of evidence shall not be applied except as necessitated in the opinion of the arbitrator by the requirements of justice. All questions of law and fact shall be determined by the arbitrator.

(2)  The taxpayer shall produce information to support his or her contention that the property should be valued or classified differently. The assessor shall produce information to support the basis and amount of his or her valuation or classification of the property. Both the information of the assessor and the information of the taxpayer shall be considered by the arbitrator in making his or her decision.

(3)  The arbitrator may issue or cause to be issued subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence and shall have the power to administer oaths. Subpoenas so issued shall be served and, upon application to the district court by the taxpayer or the county board of equalization or the arbitrator, enforced in the manner provided by law for the service and enforcement of subpoenas in civil actions.

(4)  The taxpayer and the county board of equalization shall be entitled to attend, personally or with counsel, and participate in the proceedings. Such participation may include the filing of briefs and affidavits. Upon agreement of both parties, the proceedings may be confidential and closed to the public.

(5)  No record of the proceedings is required.

(6)  The arbitrator's decision shall be made in accordance with applicable Colorado property tax laws. The arbitrator's decision shall be in writing and signed by the arbitrator.

(7)  The arbitrator shall deliver a copy of his or her decision to the parties personally or by certified mail within ten days of the hearing. Such decision shall be final and not subject to review.

(E)  An arbitrator shall be immune from civil liability arising from participation as an arbitrator and for all communications, findings, opinions, and conclusions made in the course of his or her duties under this section.

(F)  An arbitrator's expenses and fees shall not exceed $150.00 per case concerning residential real property. For cases concerning any taxable property other than residential real property, an arbitrator's expenses and fees shall be an amount agreed upon by the taxpayer and the board of equalization. The arbitrator's fees and expenses, not including counsel fees, incurred in the conduct of the arbitration shall be paid as provided in the decision. (Ord. 1551 §1, 2001)

2-66-090  Expenditures; coordination of staff support. Go to the top

The board of equalization may expend such funds as it deems necessary in carrying out its functions. The expenditures shall be within the amounts appropriated by the city council on an annual basis, such appropriation to provide for any equipment, staff support, and space accommodations as deemed necessary by the council. Staff's support as to record-keeping, scheduling of meeting space, and provision of necessary supplies shall be coordinated and administered by the city manager or his or her designated representative. (Ord. 1551 §1, 2001)

2-66-100  Settlement authority. Go to the top

The city manager, or his or her designee, and the city and county attorneys are hereby authorized to settle any final decision of the board that has been appealed to arbitration, district court, or the board of assessment appeals, in accordance with applicable law. (Ord. 1675 §3, 2002)


Chapter 2-70

Ethics Code

2-70-010  Purpose. Go to the top

The purpose of this chapter is to protect the public health, safety, and welfare and the integrity of city government by defining and proscribing certain conflicts of interest that may arise between the city and elected officials or appointees to city boards, authorities, and commissions. The city council intends to prohibit the appearance of impropriety as well as actual conflicts of interest. (Ord. 1584 §1, 2001)

2-70-020  Definitions. Go to the top

As used in this chapter, unless the context clearly indicates otherwise, certain words and terms are defined as follows:

(A)  Appearance of impropriety means an action that would give a reasonably prudent person the impression that an elected official or appointee is using his or her public office for private gain, giving preferential treatment to any person, or losing impartiality in conducting city business.

(B)  Business means any corporation, limited liability company, partnership, sole proprietorship, trust or foundation, or other individual or organization carrying on a business, whether or not operated for profit.

(C)  Quasi-judicial capacity means the determination of rights, duties, or obligations of specific individuals by applying existing legal standards or policy considerations to past or present facts developed at a hearing conducted for the purpose of resolving particular interests in a question.

(D)  Substantial interest means a pecuniary stake in the outcome of a decision or other interest of such weight that would lead a reasonably prudent person observing the situation to expect such interest to make the rendering of an objective decision unlikely. Substantial interest also means ownership of corporate debt securities or equity securities, held either individually or jointly, of more than 1% of debt securities or equity securities issued by such corporation based on current capitalization.

(E)  Transaction means any contract; any sale or lease of any interest in land, material, supplies, or services; or any granting of a development right, license, permit, or application. (Ord. 1584 §1, 2001)

2-70-030  Conflicts of interest prohibited. Go to the top

(A)  No elected official or appointee to any city board, authority, or commission shall appear before the city council or any city board, authority, or commission if the city council or such board, authority, or commission is acting in a quasi-judicial capacity.

(B)  An elected official or appointee who (1) has a substantial interest in any transaction with the city, (2) has a spouse or relative up through the second degree of consanguinity with a substantial interest in any transaction with the city, (3) has a substantial interest as an affiliate of a firm with a substantial interest in any transaction with the city, or (4) has a substantial interest as an affiliate of a firm appearing on behalf of or employed by a person with a substantial interest in any transaction with the city shall disclose the interest above described on the record of a public meeting of the city council or the city board, authority, or commission of which the person is a member.

(C)  The interested elected official or appointee shall thereafter (1) refrain from voting upon or otherwise acting in an official capacity in such transaction; (2) physically absent himself or herself from the room in which the matter is being considered; and (3) not discuss the matter with any other member of the city council, board, authority, or commission of which the person is a member. (Ord. 1584 §1, 2001)

2-70-040  Ban on use of official position for private gain. Go to the top

(A)  No elected official or appointee shall use his or her official position for private gain or for the private gain of any person with whom the elected official or appointee has a business relationship, or otherwise engage in any activity that creates an appearance of impropriety.

(B)  A city official or appointee shall not disclose or use confidential information acquired in the course of his or her official duties in order to further substantially his or her personal financial interests.

(C)  A city official or appointee shall not accept a gift of substantial value that would tend to influence a reasonable person to depart from the faithful and impartial discharge of his or her duties or that a reasonable person in his or her position should know under the circumstances is primarily for the purposes of rewarding him or her for official action he or she has taken or may take. A gift of substantial value also includes any action that conveys a substantial economic benefit.

(D)  A gift of substantial value shall include, without limitation, a loan at a rate of interest that is substantially lower than the commercial rate then currently prevalent for similar loans, and compensation received for private services rendered at a rate substantially exceeding the fair market value of such services.

(E)  A gift of substantial value shall not include:

(1)  Campaign contributions and contributions in kind reported as required by section 1-45-108, C.R.S.;

(2)  An unsolicited, occasional nonpecuniary gift that is insignificant in value;

(3)  An unsolicited token or award of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item;

(4)  Unsolicited informational material, publications, or subscriptions related to the recipients' performance of official duties;

(5)  Payment of, or reimbursement for, admission for attendance at a convention or other meeting at which the city officer, employee, or consultant is scheduled to participate;

(6)  Reimbursement for or acceptance of an opportunity to participate in a social function or meeting where such reimbursement is not extraordinary in light of the position held by the participating city officer, employee or consultant;

(7)  Anything given by an individual who is a relative or personal friend of the recipient;

(8)  Items of perishable or nonpermanent value, including but not limited to meals, lodging, travel expenses, or tickets to sporting, recreational, or cultural events;

(9)  Payment for a speech, appearance, or publication reported pursuant to section 24-6-203, C.R.S.; and

(10)  Payment of salary from employment, including other government employment, in addition to that earned from being a member of the city council or by reason of service in other public office.

(F)  The provisions of this section are distinct from and in addition to the reporting requirements of section 1-45-108, C.R.S., and section 24-6-203, C.R.S., and do not relieve an incumbent in, or elected candidate to, the city council from reporting an item described in subsection (E) above if such reporting provisions apply. (Ord. 1584 §1, 2001; Ord. 1857 §1, 2007)

2-70-050  Violation and removal. Go to the top

(A)  Any elected official or appointee who violates the provisions of this chapter shall be punished as provided in chapter 1-12, B.M.C. The city attorney shall refer to the district attorney violations of Article 18, Title 24, C.R.S., "Standards of conduct," by an elected official or by an appointee.

(B)  The city council may, by a majority vote of the entire council in office at the time the vote is taken, remove any appointee from a city board, authority, or commission who violates any provision of this chapter. (Ord. 1584 §1, 2001)

2-70-060  Advisory opinions and special counsel or ethicist appointment. Go to the top

(A)  Any elected official or appointee to a city board, authority, or commission may request the city attorney for an advisory opinion whenever a question arises as to the applicability of this chapter to a particular situation. The city attorney may retain either special counsel or an ethicist to assist in preparing an advisory opinion.

(B)  The city attorney shall render such advisory opinion within thirty days from the date of receipt of the request for an advisory opinion, unless the city attorney retains either special counsel or an ethicist, in which case the city attorney shall render such advisory opinion within sixty days from the date of receipt of the request for an advisory opinion. (Ord. 1584 §1, 2001)


Chapter 2-74

Sale and Disposition of Buildings and Real Property

2-74-010  Purpose. Go to the top

The purpose of this chapter is to establish a process consistent with section 18.3 of the Home Rule Charter relating to the sale and disposition of municipally owned buildings and real property in use for public purposes. (Ord. 1592 §1, 2001)

2-74-020  Election required. Go to the top

The sale or disposition of municipally-owned buildings or real property in use for public purposes shall be referred to the registered electors of the city at any regular or special election. (Ord. 1592 §1, 2001)

2-74-030  Ordinance required. Go to the top

The sale or disposition of municipally-owned buildings or real property not in use for public purposes shall be authorized by ordinance. At the public hearing and second reading of such ordinance, the record shall reflect that such municipally-owned buildings or real property are not in use for public purposes. (Ord. 1592 §1, 2001)

2-74-040  Open space a public purpose. Go to the top

Any real property acquired by the city as open space is hereby determined to be in use for a public purpose. Any sale or disposition thereof must be approved by the registered electors of the city at any regular or special election, and if so approved, compensation must be made to the open space fund in an amount equal to the value of the open space property sold or otherwise disposed of. (Ord. 1592 §1, 2001)

2-74-050  Deeds and conveyances. Go to the top

(A)  The mayor or the mayor pro tem is authorized to sign and the city clerk to attest and seal, in form approved by the city attorney, any deed or conveyance as the city council may authorize by ordinance in accordance with section 2-74-030 above.

(B)  The mayor or the mayor pro tem is authorized to sign and the city clerk to attest and seal, in form approved by the city attorney, any deed or conveyance authorized by the approval of a majority of the registered electors voting at a regular or special election on a referred measure for the sale or disposition of municipally-owned buildings or real property in use for public purposes. (Ord. 1592 §1, 2001)


Chapter 2-78

Local Licensing Authority Additional Duties

2-78-010  Additional duties. Go to the top

The local licensing authority, as established in sections 5-28-050 and 5-32-050, B.M.C., shall perform such additional duties delegated to it by ordinance. (Ord. 1654 §1, 2001)

2-78-020  Rule and regulation promulgation. Go to the top

The local licensing authority may promulgate procedural rules and regulations to carry out the provisions of any such ordinance. (Ord. 1654 §1, 2001)


Chapter 2-82

Public Art Committee

2-82-010  Committee established. Go to the top

(A)  There is hereby established a public art committee, which will advise the city council on the implementation of a public art program consistent with Creative Broomfield: A Master Plan for Cultural Development.

(B)  The public art committee is charged with the responsibility of:

(1)  Developing a public art master plan for submittal to city council which shall include guidelines governing public art funding, selection, acquisition, placement, installation, marketing and maintenance of works of art;

(2)  Developing an educational program for city residents and visitors on the city's public art program;

(3)  Conducting an annual inventory and condition assessment of the city's art collection; and

(4)  Implementing the public art plan per the direction of city council. (Ord. 1724 §1, 2003)

2-82-020  Committee membership. Go to the top

(A)  The membership of the public art committee will be comprised of nine members, including seven at-large members and two ex officio, nonvoting council members. Appointments shall be by a majority vote of a quorum of the city council members present at any regular or special meeting. Members of the committee must be residents of the city. The term of office for the seven at-large members of the public art committee will be four-year overlapping terms except that three members will initially be appointed to the public art committee for a two-year term of office; thereafter, the term of these three offices will be four years. The two ex officio council members shall each serve a two-year term. Effective November 1, 2007, terms of the members then in office shall be extended three months so that all terms expire on the 31st of March of the following year and all subsequent terms of all members shall begin on April 1st and end on March 31st.

(B)  Members of the public art committee will continue to serve after the expiration date of their term of office until a successor is duly qualified and appointed by the city council. Members of the public art committee serve at the pleasure of the city council. Any member of the public art committee may be removed from office by the city council under the provisions of section 11.2 of the Charter. (Ord. 1724 §1, 2003; Ord. 1737 §1, 2003; Ord. 1882 §9, 2007)

2-82-030  Committee meetings. Go to the top

(A)  At an organizational meeting held not later than ninety days from the effective date of the ordinance adopting this chapter, the members of the public art committee will meet at the call of the city and county manager. The public art committee will select from among its membership a chairperson and such other officers as are deemed necessary by the public art committee.

(B)  The public art committee will adopt bylaws and conduct its meetings according to Robert's Rules of Order Newly Revised. The public art committee will meet at the call of the chairman or as often as required in the bylaws. The public art committee will hold a regular meeting at least twice annually. The city and county manager is directed to provide the public art committee with a location at a city building to hold its meetings. All meetings of the public art committee are subject to the provisions of part 4 of the Colorado Sunshine Act of 1972, as amended. (Ord. 1724 §1, 2003)

2-82-040  Public hearings. Go to the top

The public art committee may hold public hearings, if directed by city council, on the acquisition of art and for other designated purposes. Notice of all such public hearings will conform to the provisions of chapter 17-52, B.M.C., insofar as may be practicable. (Ord. 1724 §1, 2003)