First Regular Session
Sixty-first General Assembly
LLS NO. 970025.01 DLC
HOUSE BILL 971106
STATE OF COLORADO
BY REPRESENTATIVE Pfiffner;
also SENATOR J. Johnson.
ENGROSSED
STATE, VETERANS &
MILITARY AFFAIRS
A BILL FOR AN ACT
CONCERNING THE STATE PERSONNEL SYSTEM.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Conforms provisions of the law governing the state personnel system to the constitutional amendment to be submitted to the registered electors at the next general election. Takes effect only upon the approval of the amendment by the electors.
Makes the following substantive changes to the personnel
law:
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 2450101 (1),(3) (a), and (3) (c), Colorado Revised Statutes, 1988 Repl. Vol., are amended to read:
2450101. Short title
legislative declaration terminology.
(1) This article shall be known and may be cited as
the "State Personnel System Act". It is the purpose
of this article and the personnel rules adopted pursuant to this
article to provide a sound, comprehensive, and uniform system
of personnel management and administration for the employees within
the state personnel system, as defined
by the constitution of the state of Colorado and laws enacted
pursuant thereto, including all employees
of the state colleges and universities not otherwise exempted
by law.
(3) (a) It is the purpose of the
state personnel system, as a merit system, to assure that a wellqualified
work force is serving the residents of Colorado, that all segments
of its population have an equal opportunity for entry into state
employment, that recruitment be from qualified individuals from
appropriate sources, and that, after fair and open competition,
selection be on the basis of jobrelated ability and quality
of performance. Affirmative action
policies which are consistent with section 13 of article XII of
the state constitution shall be adopted by December 31, 1981.
(c) It is the duty of the state personnel
director to establish the general criteria for adherence to the
merit principles and for fair treatment of individuals within
the state personnel system. It is the responsibility of the state
personnel director to provide leadership in the areas of policy
and operation of the state personnel system as well as to provide
consultant services to executive branch agencies and institutions
of higher education to further their professional management of
human resources in state government. The state personnel director,
pursuant to the "State Administrative Procedure Act",
article 4 of this title, shall provide necessary directives and
oversight for the management of the state personnel system. and
in the discharge of his constitutional duty to administer the
state personnel system.
SECTION 2. 2450102 (1), (2), and (3), Colorado Revised Statutes, 1988 Repl. Vol., are amended to read:
2450102. Department of
personnel state personnel director.
(1) Pursuant to section
14 of article XII of the state constitution,
There is hereby created the department of personnel, the head
of which shall be the state personnel director, who shall be appointed
by the governor, with the consent of the senate, and shall serve
at the pleasure of the governor. The
state personnel director shall be qualified by education and experience
in the field of public or private personnel administration or
industrial relations and shall be of known sympathy with the merit
principle.
(2) Subject
to the provisions of the state constitution,
The state personnel director shall have those powers, duties,
and functions prescribed for heads of principal departments in
the "Administrative Organization Act of 1968". Any
assistants and employees of the department shall be appointed
pursuant to the provisions of section 13 of article XII of the
state constitution.
(3) The state personnel director shall
prepare and transmit annually, in the form and manner prescribed
by the heads of the principal departments pursuant to the provisions
of section 241136, a report accounting to the governor
and the general assembly
HOUSE AND SENATE STATE, VETERANS, AND MILITARY AFFAIRS COMMITTEES
for the efficient discharge of all responsibilities assigned by
law or directive to the department of personnel.
SECTION 3. 2450103 (1), Colorado Revised Statutes, 1988 Repl. Vol, is amended to read:
2450103. State personnel
board. (1) Pursuant
to the provisions of section 14 of article XII of the state constitution,
There is hereby created the state personnel board, referred to
in this article as the "board", which shall consist
of five members to be selected in the manner provided in this
section. Three members of the board shall be appointed by the
governor, with the consent of the senate, and two members of the
board shall be elected by persons certified to classes and positions
in the state personnel system in the manner prescribed by subsection
(3) of this section. Each member of the board shall be a qualified
elector of the state but shall not be otherwise an officer or
employee of the state or of any state employee organization. The
terms of office of members of the board shall be five years; except
that of the members appointed by the governor to take office on
July 1, 1971, one shall be appointed for a oneyear term,
one shall be appointed for a twoyear term, and one shall
be appointed for a threeyear term, and of the members elected
to take office on July 1, 1971, one shall be elected for a fouryear
term, and one shall be elected for a fiveyear term. Members
of the board may succeed themselves in office.
SECTION 4. 2450104 (3) (h), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is repealed as follows:
2450104. Job evaluation
and compensation repeal. (3) Job
evaluation system principles. (h) The
state personnel director may, following consultation with the
state auditor and consistent with article III and sections 13,
14, and 15 of article XII of the constitution of Colorado, establish
special procedures for the classification of employees of the
state auditor's office who are within the state personnel system
in order to take into consideration the special situations, circumstances,
and duties unique to such employees. Such special procedures shall
incorporate the directives, requirements, and elements of sections
13, 14, and 15 of article XII of the Colorado constitution, including,
but not limited to, the grading and compensation of persons in
the personnel system according to standards of efficient service
which are the same for all persons having like duties.
SECTION 5. 2450112 (3) and (4), Colorado Revised Statutes, 1988 Repl. Vol., as amended, are amended to read:
2450112. Examinations when held standards eligible list. (3) (a) The state personnel director shall establish administrative procedures:
(I) Governing the conditions under which
applications will be accepted, the procedures by which tests will
be held, the frequency with which candidates may compete in the
same examination, and the standards by which candidates shall
be deemed qualified; The state personnel
director shall, subject to paragraph (c) of this subsection (3),
establish procedures
(II) Governing the selection and examination
process, which shall be uniformly used by the principal departments;
The state personnel director shall
set procedures
(III) For appeals concerning the selection
and examination process; Pursuant
to board rule, the director shall set procedures
(IV) For certification of a person to a position when there is an appeal pending on any part of the selection and examination process for that position.
(b) The state personnel director or, at
his THE
STATE PERSONNEL DIRECTOR'S delegation, a threemember panel
shall hear any appeal concerning the selection and examination
process. The appeal shall be heard within sixty days after the
written appeal has been received by the state personnel director.
Said director or panel shall review the appeal in summary fashion
on the basis of written material, which may be supplemented by
oral argument at the discretion of the director or panel. The
director or panel shall issue a written decision within thirty
days after completion of the hearing. The selection and examination
process action may be overturned only if the director or panel
finds it to have been arbitrary, capricious, or contrary to rule
or law. If the panel or director does not issue such a decision
within thirty days of completion of the hearing, the selection
and examination process action shall be final. Any decision of
the panel or final action of the state personnel director shall
be subject to judicial review pursuant to section 244106.
The state personnel director's designee shall be a member of the
panel and the presiding officer of such panel. One panel member
shall be selected by the aggrieved employee or applicant. The
third panel member shall be selected jointly by the panel member
selected by the aggrieved employee or applicant and the state
personnel director's designee. All members of the panel shall
have demonstrable knowledge of and experience with the state examination
and selection rules and procedures. The state personnel director
shall maintain a list of all potential qualified panel members.
Such list shall be compiled by the state personnel director from
names of persons possessing the required knowledge of and experience
with the state examination and selection rules and procedures
as submitted to the state personnel director from appointing authorities,
employee organizations, and other interested parties. All members
of the panel shall be selected from such list.
(b) (c) Applicants
shall not be rejected solely because they do not have the education
required in the class specifications
FOR THE POSITION except where education is a prerequisite for
a profession or is mandated by federal law. Where education is
not a prerequisite or a federal mandate, applicants' experience
shall be considered.
(c) The state personnel director
may, following consultation with the state auditor and consistent
with sections 13, 14, and 15 of the Colorado constitution and
principles of separation of powers, establish special procedures
governing the selection and examination process for employees
of the state auditor's office in the state personnel system in
order to take into consideration the special situations, circumstances,
and duties unique to such employees. Such procedures shall incorporate
the directives, requirements, and elements of sections 13, 14,
and 15 of article XII of the Colorado constitution, including,
but not limited to, the following:
(I) The appointment and promotion
to offices and employments in the state personnel system according
to merit and fitness, to be ascertained by competitive tests of
competence without regard to race, creed, or color, or political
affiliation;
(II) The appointment to any position
in the personnel system of one of the three persons ranking highest
on the eligible list for such position, or such lesser number
as qualify, as determined from competitive tests of competence,
subject to limitation in the state personnel rules applicable
to multiple appointments;
(III) The authorization of temporary
employment of persons, not to exceed six months;
(IV) The addition of veterans'
preference points to the passing grade on each competitive examination
for candidates for appointment or employment in the personnel
system; and
(V) Requiring that all appointees
reside in the state, but not limiting applications to Colorado
residents for those positions found by the state personnel board
to require special education or training or special professional
or technical qualifications and which cannot be readily filled
from among such residents.
(4) Candidates meeting the established
standards for a class
POSITION shall be placed on an eligible list; in
the order of their scores on the examination;
except that veterans and their widows
SURVIVING SPOUSES shall be given the preference prescribed by
the SECTION
15 OF ARTICLE XII OF THE COLORADO constitution.
SECTION 6. 2450114 (1), Colorado Revised Statutes, 1988 Repl. Vol., is amended to read:
2450114. Temporary appointments
term tenure. (1) Pending
the availability of an eligible list determined by the state personnel
director to be appropriate for a class, the appointing authority,
with the prior approval of the state personnel director, may fill
a vacancy for a permanent position by temporary appointment of
a qualified, certified employee in accordance with the promotional
policy established by the board. In the absence of such an eligible
employee, temporary appointments of qualified persons may be made
from without the state personnel system. Such temporary appointments
shall not exceed six
TWELVE months in length. If the vacancy is for a permanent position,
an eligible list shall be established within the sixmonth
TWELVE-MONTH period following the appointment.
SECTION 7. 2450115 (5) and (6), Colorado Revised Statutes, 1988 Repl. Vol., are amended to read:
2450115. Employment lists
appointments probationary periods.
(5) The person to be appointed to any position under
the state personnel system shall be one of the three
TEN persons ranking highest on the eligible list for such position,
or such lesser number as qualify, as determined from competitive
tests of competence, subject to limitations set forth in procedures
of the state personnel director applicable to multiple appointments
from any such list.
(6) The board shall establish probationary
periods for all persons initially appointed, promoted, or transferred
into a different position at their request or who are in a position
reallocated to a higher pay grade, but not to exceed twelve months
for any class or position. After satisfactory completion of any
such period, as demonstrated by satisfactory or above average
performance evaluations, the person shall be certified to such
class or position within the state personnel
system AGENCY, but unsatisfactory
performance shall be grounds for dismissal by the appointing authority
during such period without right of appeal. Any
employee who is certified to a class or position and who is promoted
or transferred at their own request to a different class or position
and who is dismissed for unsatisfactory performance during the
probationary period for such class or position shall be reverted
to his former certified class or position.
SECTION 8. 2450122, Colorado Revised Statutes, 1988 Repl. Vol., is amended to read:
2450122. Opportunities
for training. The state personnel director
shall be responsible for the establishment and maintenance of
training programs for employees in the state personnel system.
He THE
STATE PERSONNEL DIRECTOR shall identify training needs for current
and anticipated classes of positions within the classified
STATE PERSONNEL system, shall identify and recommend to the governor
and the general assembly the most economical and effective means
of meeting those training needs, and shall regularly assess the
effectiveness of such training as may be conducted. State funds
shall not be expended for the training of employees in the state
personnel system without the approval of the state personnel director.
SECTION 9. 2450128 (1), Colorado Revised Statutes, 1988 Repl. Vol., is amended to read:
2450128. Certification
required before salary paid. (1) No
salary shall be paid to any officer or employee of the state within
the state personnel system as provided
by the constitution unless the state
personnel director has certified that the employment is in accordance
with this part 1.
SECTION 10. 2450135 (2), Colorado Revised Statutes, 1988 Repl. Vol., is amended, and the said 2450135 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read:
2450135. Exemptions from
personnel system. (2) The state
personnel director, in consultation with the officers of such
educational institutions or departments, shall determine which
administrative positions, under the definitions enumerated above,
are exempt from the state personnel system. subject
to an appeal to the board.
(3) THE FOLLOWING SHALL BE EXEMPT FROM THE PERSONNEL SYSTEM:
(a) THE PUBLIC UTILITIES COMMISSION;
(b) THE INDUSTRIAL COMMISSION OF COLORADO;
(c) THE STATE BOARD OF LAND COMMISSIONERS;
(d) THE BOARD OF ASSESSMENT APPEALS;
(e) THE STATE BOARD OF PAROLE;
(f) THE COMMISSIONER OF INSURANCE;
(g) MEMBERS OF ANY BOARD OR COMMISSION SERVING WITHOUT COMPENSATION EXCEPT FOR PER DIEM ALLOWANCES AND REIMBURSEMENT OF EXPENSES;
(h) THE EMPLOYEES OF THE OFFICES OF THE GOVERNOR AND LIEUTENANT GOVERNOR WHOSE FUNCTIONS ARE CONFINED TO SUCH OFFICES AND WHOSE DUTIES ARE CONCERNED ONLY WITH THE ADMINISTRATION THEREOF;
(i) APPOINTEES TO FILL VACANCIES IN ELECTIVE OFFICES;
(j) EXCEPT AS PROVIDED IN PARAGRAPH (q) OF THIS SUBSECTION (3), ONE DEPUTY OF EACH ELECTIVE OFFICER OTHER THAN THE GOVERNOR AND LIEUTENANT GOVERNOR SPECIFIED IN SECTION 1 OF ARTICLE IV OF THE STATE CONSTITUTION;
(k) OFFICERS OTHERWISE SPECIFIED IN THE STATE CONSTITUTION;
(l) FACULTY MEMBERS OF EDUCATIONAL INSTITUTIONS AND DEPARTMENTS NOT REFORMATORY OR CHARITABLE IN CHARACTER AND SUCH ADMINISTRATORS THEREOF AS ARE DESCRIBED IN SUBSECTION (2) OF THIS SECTION;
(m) STUDENTS AND INMATES IN STATE EDUCATIONAL OR OTHER INSTITUTIONS EMPLOYED THEREIN;
(n) ATTORNEYSATLAW SERVING AS ASSISTANT ATTORNEYS GENERAL;
(o) MEMBERS, OFFICERS, AND EMPLOYEES OF THE LEGISLATIVE AND JUDICIAL DEPARTMENTS OF THE STATE, UNLESS OTHERWISE SPECIFIED IN THE STATE CONSTITUTION;
(p) THREE DEPUTIES APPOINTED BY THE STATE TREASURER; AND
(q) APPOINTED DEPUTIES AND HEADS OF DIVISIONS RANKING NEXT BELOW THE HEADS OF PRINCIPAL DEPARTMENTS SPECIFIED IN SUBSECTION (4) OF THIS SECTION.
(4) (a) EXCEPT FOR THE PROVISIONS OF PARAGRAPHS (b), (c), AND (d) OF THIS SUBSECTION (4), THE GOVERNOR SHALL BE THE APPOINTING AUTHORITY FOR NOT MORE THAN A TOTAL OF FIFTY DEPUTIES AND HEADS OF DIVISIONS WHO RANK NEXT BELOW THE HEADS OF PRINCIPAL DEPARTMENTS.
(b) THE SECRETARY OF STATE SHALL BE THE APPOINTING AUTHORITY FOR THE DEPUTY SECRETARY OF STATE AND FOR THE HEADS OF THE DIVISIONS WITHIN THE DEPARTMENT OF STATE.
(c) THE STATE TREASURER SHALL BE THE APPOINTING AUTHORITY FOR THREE DEPUTIES AND FOR THE HEADS OF THE DIVISIONS WITHIN THE DEPARTMENT OF THE TREASURY.
(d) THE ATTORNEY GENERAL SHALL BE THE APPOINTING AUTHORITY FOR THE DEPUTY ATTORNEY GENERAL, THE SOLICITOR GENERAL, AND ALL HEADS OF DIVISIONS WITHIN THE DEPARTMENT OF LAW.
SECTION 11. 2450138 (1), Colorado Revised Statutes, 1988 Repl. Vol., are amended to read:
2450138. Effect of transfer
of powers, duties, and functions. (1) The
department of personnel to which powers, duties, and functions
of the civil service commission are transferred shall be the successor
in every way with respect to such powers, duties, and functions.
subject to the provisions of the state
constitution. Every act performed
in the exercise of such powers, duties, and functions by the department
of personnel shall be deemed to have the same force and effect
as if performed by the civil service commission prior to July
1, 1971. Whenever the civil service commission is referred to
or designated by any law, contract, insurance policy, bond, or
other document, such reference or designation shall be deemed
to apply to the state personnel board or the state personnel director,
as the case may be, in which the powers, duties, and functions
of the civil service commission are vested.
SECTION 12. The introductory portion to 2450141 (1), Colorado Revised Statutes, 1988 Repl. Vol., are amended to read:
2450141. Rules and regulations
limitations affirmative action corrective remedies
implementation. (1) It
is the intent of the general assembly to encourage the implementation
of equal employment opportunities and affirmative action corrective
remedies within the state personnel system which preserve the
merit principles contained in section
13 of article XII of the state constitution and this article
and which disavow and prohibit the imposition of a mandatory quota
system. Until January 1, 1980, and while underutilization of and
invidious discrimination against members of ethnic and racial
minorities and women exist and continue to exist within the state
personnel system, the board is authorized to adopt and implement
rules and regulations which carry out the intent of this section.
Such rules and regulations shall be implemented only upon written
findings by the state personnel director in each instance that
the following conditions exist with reference to specific appointments
and promotions within the state personnel system:
SECTION 13. 2450144 (1) Colorado Revised Statutes, 1988 Repl. Vol., as amended, are amended to read:
2450144. Rules on affirmative
action repeal. (1) It
is the intent of the general assembly to allow the department
of personnel to adopt affirmative action remedies for the state
personnel system that are consistent with the United States constitution.
and that preserve the merit principles
contained in section 13 of article XII of the state constitution
and do not violate the rule of three prescribed by section 13
(1) and (5) of article XII of the state constitution.
SECTION 14. 2450701 (1) (a), (1) (b), and (1) (e), Colorado Revised Statutes, 1988 Repl. Vol., as amended, are amended to read:
2450701. Legislative declaration. (1) The general assembly hereby finds and declares:
(a) That the
people of Colorado have chosen a specific constitutional format
for implementing the state personnel
system to
MUST ensure that the process of staffing state government is based
on merit and fitness, independent of the political system;
(b) That the public is entitled to a state
personnel system that protects the
basic merit principles prescribed by the constitution and
that constantly improves through innovation, flexibility, and
responsiveness to changing human resource management needs;
(e) That the agencybased personnel
pilot EMPLOYEE APPOINTMENT AND PROMOTION
program is designed to pursue these goals by allowing agencies
to implement a system for employee recruitment, appointment, promotion,
classification, and dispute resolution within those agencies that
operate within the constitutional framework for the state personnel
system.
SECTION 15. 2450703, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended to read:
2450703. Agencybased
employee appointment and promotion program personnel
guidelines and goals. (1) There
is hereby created the agencybased personnel
pilot EMPLOYEE APPOINTMENT AND PROMOTION
program. The state personnel director shall provide assistance
with implementation and coordination of the pilot
program and shall consult with all participating agencies in order
to ensure that the pilot
program is administered in adherence to the criteria described
in section 2450704 (1).
(2) Participation in the pilot
AGENCYBASED EMPLOYEE APPOINTMENT AND PROMOTION program shall
be initiated by an application of the head of an agency to the
governor. on or before January 1,
1996. Such application shall be submitted
together with the plan described in subsection (3) of this section.
(3) (a) Each agency that makes an
application to participate in the pilot
AGENCYBASED EMPLOYEE APPOINTMENT AND PROMOTION program shall
design and submit a plan to the governor that incorporates a system
for one or more of the following:
(I) The recruitment of employees;
(II) The appointment of employees;
(III) The promotion of employees;
(IV) The classification of employees;
(V) Employee dispute resolution;
(VI) The performance evaluation of employees.
(b) The plan shall be formulated utilizing
the requirements and criteria contained in section 2450704
and the input of the agency's management employees and nonmanagement
employees.
(c) Each plan shall include a mechanism
for periodic evaluations of the pilot
program by the participating agency that focuses on whether the
requirements and criteria described in section 2450704
are being achieved.
(4) (a) The governor shall either approve or reject the plan submitted by an agency. If the plan is not approved by the governor, the governor shall return the plan to the agency with comments outlining the reasons for its rejection and the period of time in which the agency may resubmit the plan to the governor.
(b) A plan that is approved by the governor shall be submitted to the state personnel board for final approval or rejection. Any plan not objected to by the state personnel board within thirty days of its submittal shall be deemed approved and shall become effective.
(5) The head of an agency participating
in the pilot
AGENCYBASED EMPLOYEE APPOINTMENT AND PROMOTION program shall
be responsible for implementing the pilot
program in that agency.
(6) (a) The state agencies participating
in the pilot
AGENCYBASED EMPLOYEE APPOINTMENT AND PROMOTION program shall
present an annual status report on or before January
1, 1997, and on or before January 1, 1998
JANUARY 1 OF EACH YEAR. On or before
December 31, 1999, those state agencies shall present a final
report on the program together with recommendations for the future
implementation of agencybased personnel programs in the
state personnel system.
(b) The reports required pursuant to this subsection (6) shall be filed in accordance with section 241136 (9).
SECTION 16. 2450704 (1), Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended to read:
2450704. Agencybased
employee appointment and promotion program guidelines and
goals. (1) Any plan developed
by an agency pursuant to section 2450703 shall adhere
to the directives, requirements, and elements of sections 13,
14, and 15 of article XII of the Colorado constitution, including,
but not limited to PROVIDE FOR:
(a) The appointment and promotion to offices and employments in the state personnel system according to merit and fitness as ascertained by competitive tests of competence without regard to race, creed, or color, or political affiliation;
(b) The appointment to any position in
the personnel system of one of the three
TEN persons ranking highest on the eligible list for such position,
or such lesser number as qualify, as determined from competitive
tests of competence, subject to limitation in the state personnel
rules applicable to multiple appointments;
(c) The authorization of temporary employment
of persons; not to exceed six months;
(d) Compliance with probationary periods established by the state personnel board for persons initially appointed by the head of the department or by the head of a division within such department;
(e) The addition of veterans' preference points to the passing grade on each competitive examination for candidates for appointment or employment in the personnel system;
(f) Requiring
that All appointees reside
TO RESIDENTS in the state, but not limiting applications to Colorado
residents for those positions found by the state personnel board
to require special education or training or special professional
or technical qualifications and which cannot be readily filled
from among such residents.
SECTION 17. 2450705, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is repealed as follows:
2450705. Audit. The
state auditor shall conduct a performance review of the agencybased
employee appointment and promotion pilot program on or before
January 1, 1999, and present such review to the legislative audit
committee on or before February 1, 1999.
SECTION 18. 2450706, Colorado Revised Statutes, 1988 Repl. Vol., as amended, is repealed as follows:
2450706. Repeal of part.
This part 7 is repealed, effective
December 31, 1999.
SECTION 19. 249102 (1) (b), Colorado Revised Statutes, 1988 Repl. Vol., is amended to read:
249102. Salaries of appointed state officials. (1) The following state officials shall receive annual salaries and allowances, payable monthly, as follows:
(b) Deputy
THE THREE DEPUTIES OF THE state treasurer, an amount set by the
state treasurer;
SECTION 20. 2436102 (2), Colorado Revised Statutes, 1988 Repl. Vol., is amended to read:
2436102. Function of department
employees. (2) Employees
of the treasury department shall be appointed pursuant to the
provisions of section 242102, except for one
deputy THE THREE DEPUTIES permitted
by law, who shall be appointed by the state treasurer.
SECTION 21. Effective date. This act shall take effect July 1, 1999, following proclamation by the governor of the vote of the registered electors at the 1998 general election approving House Concurrent Resolution 1002. This act shall not take effect if the registered electors at the 1998 general election disapprove House Concurrent Resolution 1002.