First Regular Session
Sixty-first General Assembly
LLS NO. R97@0024.01 DLC
STATE OF COLORADO
BY REPRESENTATIVE Pfiffner;
also SENATOR J. Johnson.
STATE, VETERANS, AND MILITARY AFFAIRS
HOUSE CONCURRENT RESOLUTION 97-1002
SUBMITTING TO THE REGISTERED ELECTORS OF THE STATE
OF COLORADO AN AMENDMENT TO ARTICLES V AND XII OF THE CONSTITUTION
OF THE STATE OF COLORADO, REQUIRING THE GENERAL ASSEMBLY TO PROVIDE
BY LAW FOR A STATE PERSONNEL SYSTEM GOVERNING THE EMPLOYMENT OF
EMPLOYEES IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT AND, IN
CONNECTION THEREWITH, REPEALING THOSE ORIGINAL PROVISIONS OF THE
CONSTITUTION ESTABLISHING THE STATE PERSONNEL SYSTEM, THE STATE
PERSONNEL BOARD, THE STATE DEPARTMENT OF PERSONNEL, AND THE STATE
PERSONNEL DIRECTOR, REQUIRING THE GENERAL ASSEMBLY TO ENACT LAWS
ENSURING DUE PROCESS FOR STATE EMPLOYEES, RETAINING THE REQUIREMENT
THAT APPOINTMENTS AND PROMOTIONS WITHIN THE STATE PERSONNEL SYSTEM
BE MADE ACCORDING TO MERIT AND FITNESS, AND MAKING CONFORMING
AMENDMENTS TO PROVISIONS PERTAINING TO THE VETERANS' PREFERENCE
AND THE STATE AUDITOR'S STAFF.
(Note: This summary applies to this resolution
as introduced and does not necessarily reflect any amendments
which may be subsequently adopted.)
Repeals the constitutional provisions establishing the state personnel system, including those provisions describing who comprises and who is excluded from the state personnel system, requiring appointments to be made from one of three persons ranking highest on an eligibility list, requiring appointees to be residents of the state, authorizing principal department heads to be the appointing authority for department employees, providing that employees hold their positions during efficient service or until retirement and authorizing dismissal, suspension, and other discipline, authorizing the state personnel director to employ persons temporarily, and requiring the state personnel board to establish probationary periods for initial appointees. Repeals the provisions creating the state personnel board, the department of personnel, and the state personnel director.
Requires the general assembly to provide by law for a state personnel system governing the employment of employees in the executive branch of state government and for procedures that ensure adequate due process for employees. Retains a requirement that appointments and promotions of employees within the state personnel system be made according to merit and fitness.
Makes conforming amendments to provisions on the
staff of the state auditor's office and the veterans' preference.
Be It Resolved by the House of Representatives of the Sixtyfirst General Assembly of the State of Colorado, the Senate concurring herein:
SECTION 1. At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit:
Section 13 of article XII of the constitution of the state of Colorado is repealed as follows:
Section 13. Personnel system of state
and promotions to offices and employments in the personnel system
of the state shall be made according to merit and fitness, to
be ascertained by competitive tests of competence without regard
to race, creed, or color, or political affiliation.
(2) The personnel system of the
state shall comprise all appointive public officers and employees
of the state, except the following: Members of the public utilities
commission, the industrial commission of Colorado, the state board
of land commissioners, the Colorado tax commission, the state
parole board, and the state personnel board; members of any board
or commission serving without compensation except for per diem
allowances provided by law and reimbursement of expenses; the
employees in the offices of the governor and the lieutenant governor
whose functions are confined to such offices and whose duties
are concerned only with the administration thereof; appointees
to fill vacancies in elective offices; one deputy of each elective
officer other than the governor and lieutenant governor specified
in section 1 of article IV of this constitution; officers otherwise
specified in this constitution; faculty members of educational
institutions and departments not reformatory or charitable in
character, and such administrators thereof as may be exempt by
law; students and inmates in state educational or other institutions
employed therein; attorneys at law serving as assistant attorneys
general; and members, officers, and employees of the legislative
and judicial departments of the state, unless otherwise specifically
provided in this constitution.
(3) Officers and employees within
the judicial department, other than judges and justices, may be
included within the personnel system of the state upon determination
by the supreme court, sitting en banc, that such would be in the
best interests of the state.
(4) Where authorized by law, any
political subdivision of this state may contract with the state
personnel board for personnel services.
(5) The person to be appointed
to any position under the personnel system shall be 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 limitations set forth in rules
of the state personnel board applicable to multiple appointments
from any such list.
(6) All appointees shall reside
in the state, but applications need not be limited to residents
of the state as to 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 residents of this state.
(7) The head of each principal
department shall be the appointing authority for the employees
of his office and for heads of divisions, within the personnel
system, ranking next below the head of such department. Heads
of such divisions shall be the appointing authorities for all
positions in the personnel system within their respective divisions.
Nothing in this subsection shall be construed to affect the supreme
executive powers of the governor prescribed in section 2 of article
IV of this constitution.
(8) Persons in the personnel system
of the state shall hold their respective positions during efficient
service or until reaching retirement age, as provided by law.
They shall be graded and compensated according to standards of
efficient service which shall be the same for all persons having
like duties. A person certified to any class or position in the
personnel system may be dismissed, suspended, or otherwise disciplined
by the appointing authority upon written findings of failure to
comply with standards of efficient service or competence, or for
willful misconduct, willful failure or inability to perform his
duties, or final conviction of a felony or any other offense which
involves moral turpitude, or written charges thereof may be filed
by any person with the appointing authority, which shall be promptly
determined. Any action of the appointing authority taken under
this subsection shall be subject to appeal to the state personnel
board, with the right to be heard thereby in person or by counsel,
(9) The state personnel director
may authorize the temporary employment of persons, not to exceed
six months, during which time an eligible list shall be provided
for permanent positions. No other temporary or emergency employment
shall be permitted under the personnel system.
(10) The state personnel board
shall establish probationary periods for all persons initially
appointed, but not to exceed twelve months for any class or position.
After satisfactory completion of any such period, the person shall
be certified to such class or position within the personnel system,
but unsatisfactory performance shall be grounds for dismissal
by the appointing authority during such period without right of
(11) Persons certified to classes
and positions under the classified civil service of the state
immediately prior to July 1, 1971, persons having served for six
months or more as provisional or acting provisional employees
in such positions immediately prior to such date, and all persons
having served six months or more in positions not within the classified
civil service immediately prior to such date but included in the
personnel system by this section, shall be certified to comparable
positions, and grades and classifications, under the personnel
system, and shall not be subject to probationary periods of employment.
All other persons in positions under the personnel system shall
be subject to the provisions of this section concerning initial
appointment on or after such date.
Article XII of the constitution of the state of Colorado is amended BY THE ADDITION OF A NEW SECTION to read:
Section 13a. State personnel system employees in executive branch of government. (1) THE GENERAL ASSEMBLY SHALL ENACT LAWS TO PROVIDE FOR A STATE PERSONNEL SYSTEM GOVERNING THE EMPLOYMENT OF EMPLOYEES IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT. APPOINTMENTS AND PROMOTIONS TO OFFICES AND EMPLOYMENTS IN THE STATE PERSONNEL SYSTEM SHALL BE MADE ACCORDING TO MERIT AND FITNESS, WITHOUT REGARD TO RACE, COLOR, CREED, OR POLITICAL AFFILIATION.
(2) THE GENERAL ASSEMBLY SHALL ENACT LAWS TO PROVIDE FOR PROCEDURES TO ENSURE ADEQUATE DUE PROCESS FOR STATE EMPLOYEES IN CONNECTION WITH APPOINTMENTS, PROMOTIONS, DEMOTIONS, DISCIPLINARY PROCEEDINGS, RETENTION RIGHTS, AND TERMINATION. SAID LAWS SHALL BE ENACTED ON OR BEFORE JULY 1, 1999.
(3) THE STATE PERSONNEL SYSTEM PROVIDED FOR PURSUANT TO SUBSECTION (1) OF THIS SECTION SHALL BE THE SUCCESSOR UNDER THIS CONSTITUTION TO THE CLASSIFIED CIVIL SERVICE OF THE STATE AND THE STATE PERSONNEL BOARD, AND ANY REFERENCE IN THIS CONSTITUTION TO THE CLASSIFIED CIVIL SERVICE AND THE STATE PERSONNEL BOARD SHALL BE A REFERENCE TO THE STATE PERSONNEL SYSTEM.
Section 14 of article XII of the constitution of the state of Colorado is repealed as follows:
Section 14. State personnel board
state personnel director.
is hereby created a state personnel board to consist of five members,
three of whom shall be appointed by the governor with the consent
of the senate, and two of whom shall be elected by persons certified
to classes and positions in the state personnel system in the
manner prescribed by law. Each member shall be appointed or elected
for a term of five years, and may succeed himself, but of the
members first selected, the members appointed by the governor
shall serve for terms of one, two, and three years, respectively,
and the members elected shall serve for terms of four and five
years, respectively. 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, and
shall receive such compensation as shall be fixed by law.
(2) Any member of the board may
be removed by the governor for willful misconduct in office, willful
failure or inability to perform his duties, final conviction of
a felony or of any other offense involving moral turpitude, or
by reason of permanent disability interfering with the performance
of his duties, which removal shall be subject to judicial review.
Any vacancy in office shall be filled in the same manner as the
selection of the person vacating the office, and for the unexpired
(3) The state personnel board
shall adopt, and may from time to time amend or repeal, rules
to implement the provisions of this section and sections 13 and
15 of this article, as amended, and laws enacted pursuant thereto,
including but not limited to rules concerning standardization
of positions, determination of grades of positions, standards
of efficient and competent service, the conduct of competitive
examinations of competence, grievance procedures, appeals from
actions by appointing authorities, and conduct of hearings by
hearing officers where authorized by law.
(4) There is hereby created the
department of personnel, which shall be one of the principal departments
of the executive department, the head of which shall be the state
personnel director, who shall be appointed under qualifications
established by law. The state personnel director shall be responsible
for the administration of the personnel system of the state under
this constitution and laws enacted pursuant thereto and the rules
adopted thereunder by the state personnel board.
(5) Adequate appropriations shall
be made to carry out the purposes of this section and section
13 of this article.
Section 15 (1) (a) and (4) of article XII of the constitution of the state of Colorado are amended to read:
Section 15. Veterans' preference.
(1) (a) The passing grade on each competitive
examination shall be the same for each candidate for appointment
or employment in the
STATE PERSONNEL system of the state
ESTABLISHED PURSUANT TO SECTION 13a OF THIS ARTICLE, or in any
comparable civil service or merit system of any agency or political
subdivision of the state, including any municipality chartered
or to be chartered under article XX of this constitution.
personnel board and Each comparable
supervisory or administrative board of
any such civil service or merit system
of any agency of the state or any such political subdivision thereof,
shall implement the provisions of this section to assure that
all persons entitled to added points and preference in examinations
and retention shall enjoy their full privileges and rights granted
by this section.
Section 49 (3) of article V of the constitution of the state of Colorado is repealed as follows:
Section 49. Appointment of state auditor
term qualifications duties.
Not more than three
members of the staff of the state auditor shall be exempt from
the personnel system of this state.
SECTION 2. Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes" or "No" on the proposition: "AN AMENDMENT TO ARTICLES V AND XII OF THE CONSTITUTION OF THE STATE OF COLORADO, REQUIRING THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR A STATE PERSONNEL SYSTEM GOVERNING THE EMPLOYMENT OF EMPLOYEES IN THE EXECUTIVE BRANCH OF STATE GOVERNMENT AND, IN CONNECTION THEREWITH, REPEALING THOSE ORIGINAL PROVISIONS OF THE CONSTITUTION ESTABLISHING THE STATE PERSONNEL SYSTEM, THE STATE PERSONNEL BOARD, THE STATE DEPARTMENT OF PERSONNEL, AND THE STATE PERSONNEL DIRECTOR, REQUIRING THE GENERAL ASSEMBLY TO ENACT LAWS ENSURING DUE PROCESS FOR STATE EMPLOYEES, RETAINING THE REQUIREMENT THAT APPOINTMENTS AND PROMOTIONS WITHIN THE STATE PERSONNEL SYSTEM BE MADE ACCORDING TO MERIT AND FITNESS, AND MAKING CONFORMING AMENDMENTS TO PROVISIONS PERTAINING TO THE VETERANS' PREFERENCE AND THE STATE AUDITOR'S STAFF."
SECTION 3. The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes", the said amendment shall become a part of the state constitution.