SENATE BILL 97006
BY SENATORS Rizzuto, Coffman, and Tebedo;
also REPRESENTATIVES Anderson, Allen, Morrison, and
Pfiffner.
CONCERNING RESTRUCTURING OF HUMAN SERVICES DELIVERY
SYSTEM.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Article
1.7 of title 24, Colorado Revised Statutes, 1988 Repl. Vol., as
amended, is REPEALED AND REENACTED, WITH AMENDMENTS, to read:
ARTICLE 1.7
Restructuring the Health
and Human Services Delivery System
241.7101. Legislative
declaration. THE GENERAL ASSEMBLY HEREBY DECLARES ITS SUPPORT
FOR LOCAL FLEXIBILITY IN THE PLANNING AND DELIVERY OF HEALTH AND
HUMAN SERVICES AND STATES ITS INTENT TO FOSTER CONTINUING COORDINATION,
COMMUNICATION, AND COLLABORATION AT THE LOCAL LEVEL. THE GENERAL
ASSEMBLY FURTHER STATES ITS SUPPORT FOR LOCAL DECISIONS TO UTILIZE
PEOPLE AND RESOURCES AT THE LOCAL LEVEL IN A MORE EFFICIENT, EFFECTIVE,
AND ECONOMICAL MANNER THROUGH CONSOLIDATION OF LOCAL ADVISORY
BOARDS. THE GENERAL ASSEMBLY FURTHER DECLARES ITS INTENT TO STREAMLINE
LOCAL PLANNING AND COMMUNITY INPUT MECHANISMS.
241.7102. Local health and human services
advisory boards creation functions.
(1) IN ORDER TO ACCOMPLISH THE INTENT OF PRIOR LEGISLATION
ON HUMAN SERVICES DELIVERY THAT THERE BE AN ONGOING PROCESS OR
FORUM FOR CONTINUED COORDINATION AND COLLABORATION AT THE LOCAL
LEVEL CONCERNING THE DELIVERY OF HUMAN SERVICES, THIS ARTICLE
AUTHORIZES THE CREATION OF LOCAL HEALTH AND HUMAN SERVICES ADVISORY
BOARDS. A LOCAL HEALTH AND HUMAN SERVICES ADVISORY BOARD MAY SERVE
A SINGLE COUNTY, TWO OR MORE COUNTIES JOINTLY, ONE OR MORE JUDICIAL
DISTRICTS, OR OTHER SERVICE AREAS. MEMBERS OF AN ADVISORY BOARD
SHALL BE APPOINTED BY THE GOVERNING BODY OR BODIES OF THE COUNTIES
INCLUDED. MEMBERSHIP SHALL BE LOCALLY DETERMINED AND SHALL INCLUDE
APPROPRIATE GEOGRAPHIC, ETHNIC, AND CULTURAL REPRESENTATION AND
REPRESENTATION FROM THE PUBLIC AND FROM CONSUMERS OF SERVICES.
MEMBERSHIP SHALL ALSO INCLUDE PERSONS WHO HAVE PROGRAM EXPERTISE
FOR THE TYPES OF PROGRAMS THE ADVISORY BOARD ADVISES.
(2) IN ADDITION TO, IN COMBINATION WITH,
OR IN LIEU OF CREATING A LOCAL HEALTH AND HUMAN SERVICES ADVISORY
BOARD, A COUNTY, JUDICIAL DISTRICT, OR OTHER SERVICE AREA MAY
ELECT TO CONSOLIDATE ITS ADVISORY BOARD WITH THAT OF ONE OR MORE
OTHER COUNTIES, JUDICIAL DISTRICTS, OR SERVICE AREAS AS SPECIFIED
IN SECTION 241.7103.
241.7103. Consolidation of local boards
process requirements. (1) THE
GENERAL ASSEMBLY HEREBY FINDS THAT THERE ARE MANY ADVISORY TYPES
OF BOARDS IN THE HUMAN SERVICES DELIVERY SYSTEM THAT HAVE SIMILAR
FUNCTIONS AND PURPOSES AND HAVE MEMBERS WITH SIMILAR QUALIFICATIONS
AND EXPERTISE. THE GENERAL ASSEMBLY FINDS THAT GREATER EFFICIENCY
AND FLEXIBILITY WOULD BE ACHIEVED BY ALLOWING COUNTIES, JUDICIAL
DISTRICTS, AND OTHER SERVICE AREAS TO COMBINE AND CONSOLIDATE
SOME OR ALL OF THESE BOARDS INTO ONE BOARD THAT SERVES AS A BROADBASED
LOCAL PLANNING GROUP AND CARRIES OUT ALL OF THE FUNCTIONS AND
RESPONSIBILITIES OF THE PREVIOUS BOARDS THROUGH A CONSOLIDATED
BOARD.
(2) ANY COMBINATION OF THE FOLLOWING BOARDS
OR GROUPS MAY BE CONSOLIDATED INTO A SINGLE ADVISORY BOARD:
(a) PLACEMENT ALTERNATIVES COMMISSIONS,
CREATED PURSUANT TO SECTION 191116 (2) (a), C.R.S.;
(b) JUVENILE COMMUNITY REVIEW BOARDS,
AS DEFINED IN SECTION 191103 (69), C.R.S., AND DESCRIBED
IN SECTION 192210, C.R.S.;
(c) LOCAL JUVENILE SERVICES PLANNING COMMITTEES,
CREATED PURSUANT TO SECTION 192211, C.R.S.;
(d) CHILD PROTECTION TEAMS, CREATED PURSUANT
TO SECTION 193308 (6), C.R.S.;
(e) FAMILY PRESERVATION COMMISSIONS, ESTABLISHED
PURSUANT TO SECTION 265.5106, C.R.S.;
(f) A LOCAL HEALTH AND HUMAN SERVICES
ADVISORY BOARD, CREATED PURSUANT TO SECTION 241.7102.
(3) THE CONSOLIDATION OF, AND APPOINTMENTS
TO, LOCAL BOARDS OR GROUPS THAT HAVE DIFFERENT APPOINTING AUTHORITIES
SET IN STATUTE, ARE SUBJECT TO THE AGREEMENT OF EACH APPOINTING
AUTHORITY. EACH OF THE SEPARATE FUNCTIONS AND RESPONSIBILITIES
OF EACH BOARD OR GROUP AS SPECIFIED IN STATUTE MUST CONTINUE TO
BE MET BY THE CONSOLIDATED BOARD.
SECTION 2. 261107
(6), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is
amended to read:
261107. State board of human services.
(6) The state board shall:
(a) Adopt board rules;
(b) Hold hearings relating to the formulation
and revision of the policies of the state department;
(c) Advise the executive director as to
any matters that the executive director may bring before the state
board;
(d) Meet as is necessary to adjust the
minimum award for old age pensions for changes in the cost of
living pursuant to section 262114 (1); except that
the state board shall meet for such a purpose whenever the monthly
index of consumer prices, prepared by the bureau of labor statistics
of the United States department of labor, increases or decreases
by an amount warranting an increase or decrease over the previous
adjustment and the United States social security administration
increases benefits similarly adjusted for changes in the cost
of living. Such a meeting shall be held within twenty days of
the publication of the monthly index which first exceeds the previous
level by said amount.
(e) Adopt rules and regulations for the
purpose of establishing guidelines for the placement of children
from locations outside of Colorado into this state for foster
care or adoption pursuant to section 195203, C.R.S.,
or section 266104 or the terms of the "Interstate
Compact on Placement of Children" as set forth in part 18
of article 60 of title 24, C.R.S.;
(f) Adopt rules governing the operations
of the statewide adoption resource registry as described in section
261111 (4);
(g) ADOPT RULES CONCERNING MENTAL HEALTH
PROGRAMS, ALCOHOL AND DRUG ABUSE PROGRAMS, AND DEVELOPMENTAL DISABILITIES
PROGRAMS.
SECTION 3. 261108,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
to read:
261108. Powers and duties of the executive
director rules. (1) Executive
director rules shall be solely within the province of the executive
director and shall include the following:
(a) Rules governing matters of internal
administration in the state department, including organization,
staffing, records, reports, systems, and procedures, and also
governing fiscal and personnel administration for the state department
and establishing accounting and fiscal reporting rules and regulations
for disbursement of federal funds, contingency funds, and proration
of available appropriations except those determinations precluded
by authority granted to the state board.
(b) Rules
which the state board of human services is not otherwise authorized
to adopt, including, but not limited to, rules concerning the
implementation of the provisions of title 27, C.R.S.
(c) (Deleted by amendment, L. 93, p. 1109,
'
23, effective July 1, 1994.)
(1.5) Nothing
in this section shall be construed to affect any specific statutory
provision granting rulemaking authority in relation to a
specific program to the executive director.
(2) The rules and regulations issued by
the executive director shall be binding upon the several county
departments. At any public hearing relating to a proposed rule
making, interested persons shall have the right to present their
data, views, or arguments orally. Proposed rules of the executive
director shall be subject to the provisions of section 244103,
C.R.S.
(3) (Deleted by amendment, L. 93, p. 1109,
'
23, effective July 1, 1994.)
SECTION 4. 261119,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
to read:
261119. County staff.
The county director, with the approval of the county board, shall
appoint such staff as may be necessary as determined by the appropriate
state department rules to administer public assistance and welfare,
medical assistance, and child welfare activities within his OR
HER county. Such staff shall be appointed and shall serve in accordance
with the
A merit system established and maintained
by the appropriate state department
for the selection, retention, and promotion of county department
employees pursuant to
AS DESCRIBED IN section 261120. The salaries of the
members of such staff shall be fixed in accordance with the rules
and salary schedules prescribed by the appropriate state department;
EXCEPT THAT ONCE A COUNTY TRANSFERS ITS COUNTY EMPLOYEES TO A
SUCCESSOR MERIT SYSTEM AS PROVIDED IN SECTION 261120,
THE SALARIES SHALL BE FIXED BY THE COUNTY COMMISSIONERS.
SECTION 5. 261120,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
to read:
261120. Merit system.
(1) The state department
shall establish and maintain a ON
JANUARY 1, 2001, THE merit system for the selection, retention,
and promotion of employees of the county departments, except
those positions exempted in sections 261117 (1) and
261120.5, and shall establish such rules and regulations
as are necessary for the efficient administration and operation
of the merit system. THAT HAS BEEN
OPERATED BY THE STATE DEPARTMENT PURSUANT TO THIS SECTION IS ABOLISHED.
BEGINNING ON OR AFTER JULY 1, 1997, BUT NO LATER THAN JANUARY
1, 2001, EACH COUNTY SHALL PROVIDE FOR A MERIT SYSTEM FOR THE
SELECTION, RETENTION, AND PROMOTION OF EMPLOYEES OF THE COUNTY
DEPARTMENTS THAT COMPLIES WITH THE CRITERIA SPECIFIED IN SUBSECTION
(8) OF THIS SECTION AND WITH ANY OTHER FEDERAL STANDARDS FOR A
MERIT SYSTEM OF PERSONNEL ADMINISTRATION FOR EMPLOYEES, SPECIFIED
AS A CONDITION OF RECEIPT OF FEDERAL FUNDS AS SET FORTH IN SUBPART
F OF 5 C.F.R. SEC. 900.601, ET SEQ. A COUNTY CAN COMBINE WITH
ANOTHER COUNTY OR FORM A DISTRICT TO PROVIDE SUCH A MERIT SYSTEM
FOR ITS EMPLOYEES. THE COUNTY DEPARTMENT SHALL CERTIFY TO THE
STATE DEPARTMENT THAT THE SUCCESSOR MERIT SYSTEM OF PERSONNEL
ADMINISTRATION USED BY THE COUNTY IS IN CONFORMANCE WITH THE FEDERAL
STANDARDS. PRIOR TO TRANSFERRING COUNTY EMPLOYEES TO A SUCCESSOR
MERIT SYSTEM, EACH COUNTY SHALL SUBMIT A TRANSITION PLAN TO THE
STATE DEPARTMENT OUTLINING ITS PLAN FOR TRANSFERRING SUCH EMPLOYEES
AND FOR ADDRESSING ISSUES THAT MAY ARISE DURING THE TRANSFER,
SUCH AS SALARY ISSUES, RETENTION, SENIORITY RIGHTS, AND APPEAL
PROCESSES. THE STATE DEPARTMENT SHALL EXAMINE AND APPROVE THE
TRANSITION PLAN IF THE STATE DEPARTMENT DETERMINES THAT THE TRANSITION
PLAN IS REASONABLE AND THAT THE MERIT SYSTEM MEETS THE FEDERAL
STANDARDS. THE COUNTY MAY NOT IMPLEMENT THE TRANSITION PLAN OR
TRANSFER EMPLOYEES TO THE SUCCESSOR MERIT SYSTEM UNTIL THE STATE
DEPARTMENT HAS APPROVED THE TRANSITION PLAN. THE STATE SHALL NOT
UNREASONABLY WITHHOLD APPROVAL. ANY TRANSITION PLAN FOR TRANSFERRING
COUNTY EMPLOYEES FROM THE STATE MERIT SYSTEM TO A SUCCESSOR MERIT
SYSTEM SHALL INCLUDE PROTECTIONS FOR EMPLOYEES THAT ALLOW THEM
TO RETAIN ANY ACCRUED ANNUAL OR SICK LEAVE BENEFITS AND THAT COMPENSATE
SUCH EMPLOYEES AT THE SAME OR HIGHER RATE OF SALARY. THE STATE
DEPARTMENT SHALL PROVIDE ASSISTANCE TO COUNTIES REGARDING THE
TRANSITION OF COUNTY EMPLOYEES FROM THE STATE MERIT SYSTEM TO
A SUCCESSOR MERIT SYSTEM. NOTHING IN THIS SECTION SHALL PRECLUDE
A COUNTY FROM REORGANIZING EMPLOYEE STAFF FUNCTIONS OR ABOLISHING
POSITIONS TO ACHIEVE GREATER EFFICIENCIES IN OPERATIONS.
(1.5) ANY MONEYS SAVED AS A RESULT OF
ELIMINATING THE STATE MERIT SYSTEM SHALL BE AVAILABLE TO COUNTIES
TO IMPLEMENT THE TRANSITION FROM THE STATE MERIT SYSTEM TO A SUCCESSOR
MERIT SYSTEM.
(2) (a) The STATE merit system shall
consist of a merit system council, a merit system supervisor,
and such other employees as may be necessary for the efficient
performance of the duties prescribed by this title.
(b) THIS SUBSECTION (2) IS REPEALED, EFFECTIVE JANUARY 1, 2001.
(3) (a) The merit system council
shall consist of three members appointed by the governor to serve
for threeyear overlapping terms. Appointments shall be made
on the basis of known interest in public assistance and welfare
activities and the merit system and on a nonpartisan basis.
(b) THIS SUBSECTION (3) IS REPEALED, EFFECTIVE
JANUARY 1, 2001.
(4) (a) It is the duty of the merit
system council, within the scope of the rules and regulations
of the state department AND WITH RESPECT ONLY TO THE STATE MERIT
SYSTEM, to:
(a) (I) Establish
general policies for the administration of merit examinations;
(b) (II) Establish
policies for the fair hearing of personnel appeals;
(c) (III) Advise
and make recommendations to the state board on personnel matters;
(d) (IV) Provide
an annual budget and report for submission to the state department
covering all costs of THE STATE merit system activities and the
operation of the STATE merit system of county departments;
(e) (V) Promote
public understanding for the purposes, policies, and practices
of the STATE merit system for county department employees.
(b) THIS SUBSECTION (4) IS REPEALED, EFFECTIVE
JANUARY 1, 2001.
(5) (a) The rules and regulations
adopted by the state department for the STATE merit system shall
provide for:
(a) (I) Minimum
qualifications for merit system employees of county departments
WHO ARE IN THE STATE MERIT SYSTEM;
(b) (II) Statewide
competitive examinations for STATE merit system positions in the
county departments;
(c) (III) Statewide
promotional examinations for STATE merit system employees in the
county departments based on qualifications, examinations, and
service ratings;
(d) (IV) Appointments
to merit positions in the county departments to be made from registers
of eligible persons certified in the order of merit with due consideration
of veterans' preference. A list of all candidates who score ninety
or above shall be submitted to the county department, and selection
by the appointing authority shall be made from that list. In instances
where fewer than ten eligible candidates with scores of ninety
or above are available, selection shall be made from a sufficient
number of eligible candidates not to exceed ten, which shall be
taken from those names of eligible candidates on the register
receiving the highest scores below ninety; but, when the state
department does not furnish a county department with a register
of eligible persons for an available position within sixty calendar
days of formal request by a county for said register, the county
appointing authority may proceed to appoint an otherwise qualified
person to fill the position, and said person shall be deemed certified,
as if he OR SHE had appeared on a register of eligibles, with
all the rights of any other probationary employee under the merit
system.
(e) (V) A
probationary period to be served prior to certification as a permanent
employee with security of tenure for satisfactory performance;
(f) (VI) Discipline,
dismissal, separation, reinstatement, and transfers;
(g) (VII) The
right of every applicant to or employee in the STATE merit system
to an appeal and to a fair hearing, in accordance with the rules
and regulations of the state department, on matters concerning
the status of such applicant or employee. The administrative law
judge for the state department may preside over any such fair
hearing, prepare a record, take evidence, and make findings of
fact and recommendations; but, notwithstanding the provisions
of section 261106, the merit system council shall
make a decision concerning the applicant's or the employee's status,
which shall be final agency action and which shall be reviewable
in accordance with section 244106, C.R.S., at the
instance of an applicant, an employee, or a county department,
each of which shall have standing for such purpose. In any case
that review is taken by either an applicant or an employee in
accordance with section 244106, C.R.S., the county
department shall be timely served by the plaintiff with a copy
of its complaint, and the county may intervene as a party for
such review.
(h) (VIII) A
classification plan based upon the duties and responsibilities
of the merit system position;
(i) (IX) A
compensation plan;
(j) (X) Annual
leave, sick leave, and other approved leaves including military
and educational leaves;
(k) (XI) Emergency
and provisional appointments;
(l) (XII) Prohibition
of political activity;
(m) (XIII) No
discrimination;
(n) (XIV) Service
ratings;
(o) (XV) Such
other rules and regulations as the state department shall deem
necessary for the efficient administration and operation of the
STATE merit system;
(p) (XVI) Exemption
of employees from the STATE merit system as provided in section
261120.5.
(b) THIS SUBSECTION (5) IS REPEALED, EFFECTIVE
JANUARY 1, 2001.
(6) Repealed.
(7) (a) The merit system council,
as provided in section 24322115, C.R.S., shall provide
services described in this section to civil defense employees
of the political subdivisions of the state, except where such
employees are covered by another federally approved merit system.
(b) THIS SUBSECTION (7) IS REPEALED, EFFECTIVE
JANUARY 1, 2001.
(8) THE MERIT SYSTEM PROVIDED BY THE COUNTIES
SHALL MEET THE FOLLOWING FEDERAL CRITERIA:
(a) THE RECRUITMENT, SELECTION, AND ADVANCEMENT
OF EMPLOYEES SHALL BE ON THE BASIS OF RELATIVE ABILITIES, KNOWLEDGE,
AND SKILLS, INCLUDING OPEN CONSIDERATION OF QUALIFIED APPLICANTS
FOR INITIAL APPOINTMENT;
(b) THE SYSTEM SHALL PROVIDE EQUITABLE
AND ADEQUATE COMPENSATION;
(c) THE EMPLOYEES SHALL BE TRAINED AS
NEEDED TO ASSURE HIGH QUALITY OF PERFORMANCE;
(d) THE SYSTEM SHALL PROVIDE FOR RETAINING
EMPLOYEES ON THE BASIS OF THE ADEQUACY OF THEIR PERFORMANCE, CORRECTING
INADEQUATE PERFORMANCE, AND SEPARATING EMPLOYEES WHOSE INADEQUATE
PERFORMANCE CANNOT BE CORRECTED;
(e) THE SYSTEM SHALL ASSURE FAIR TREATMENT
OF APPLICANTS AND EMPLOYEES IN ALL ASPECTS OF PERSONNEL ADMINISTRATION
WITHOUT REGARD TO POLITICAL AFFILIATION, RACE, COLOR, NATIONAL
ORIGIN, SEX, RELIGIOUS CREED, AGE, OR DISABILITY AND WITH PROPER
REGARD FOR THE PRIVACY AND CONSTITUTIONAL RIGHTS OF SUCH PERSONS
AS CITIZENS. THIS FAIR TREATMENT PRINCIPLE SHALL INCLUDE COMPLIANCE
WITH ALL FEDERAL EQUAL OPPORTUNITY AND NONDISCRIMINATION LAWS.
(f) THE SYSTEM SHALL ASSURE THAT EMPLOYEES
ARE PROTECTED AGAINST COERCION FOR PARTISAN POLITICAL PURPOSES
AND ARE PROHIBITED FROM USING THEIR OFFICIAL AUTHORITY FOR THE
PURPOSE OF INTERFERING WITH OR AFFECTING THE RESULTS OF AN ELECTION
OR A NOMINATION FOR OFFICE.
(9) WITH RESPECT TO THE MERIT SYSTEM PROVIDED
BY THE COUNTIES, THE STATE BOARD OF HUMAN SERVICES SHALL PROMULGATE
RULES ON THE FOLLOWING:
(a) MINIMUM STANDARDS FOR QUALIFICATIONS
OF CERTAIN POSITIONS THAT ARE DETERMINED BY THE STATE BOARD TO
NECESSITATE UNIFORM STANDARDS;
(b) ESTABLISHMENT OF MAXIMUM STATE REIMBURSEMENT
LEVELS FOR THE SALARIES OF COUNTY DEPARTMENT EMPLOYEES AND COUNTY
DIRECTORS.
(10) ON JANUARY 1, 2001, THE MERIT SYSTEM
COUNCIL IS ABOLISHED. THE MERIT SYSTEM COUNCIL SHALL FINALIZE
AS MANY APPEALS FILED PRIOR TO JANUARY 1, 2001, AS POSSIBLE. ANY
APPEALS THAT ARE PENDING ON JANUARY 1, 2001, SHALL BE TRANSFERRED
TO THE EXECUTIVE DIRECTOR OR HIS OR HER DESIGNEE FOR FINAL AGENCY
ACTION PURSUANT TO SECTION 261106 OR 25.51107,
C.R.S., AND SHALL BE DECIDED BASED UPON THE LAW AND REGULATIONS
IN EXISTENCE AT THE TIME THE APPEALED ACTION WAS TAKEN. ON AND
AFTER JANUARY 1, 2001, OR ON AND AFTER THE DATE UPON WHICH THE
COUNTY TAKES OVER RESPONSIBILITY FOR A SUCCESSOR MERIT SYSTEM,
WHICHEVER OCCURS FIRST, THE RESOLUTION OF ANY PERSONNEL ISSUES
OTHER THAN A PENDING APPEAL FILED AT THE STATE LEVEL SHALL BE
HANDLED BY THE COUNTY PURSUANT TO THE POLICIES AND STANDARDS ADOPTED
FOR THE COUNTY'S SUCCESSOR MERIT SYSTEM.
(11) THE COUNTY DIRECTOR OF A COUNTY DEPARTMENT
SHALL BE EXEMPT FROM THE MERIT SYSTEM ESTABLISHED AND MAINTAINED
BY THE STATE DEPARTMENT PURSUANT TO THIS SECTION AS IT EXISTED
PRIOR TO JULY 1, 1997. EACH COUNTY SHALL DETERMINE WHETHER TO
EXEMPT ITS COUNTY DIRECTOR FROM THE SUCCESSOR MERIT SYSTEM DESIGNED
PURSUANT TO THIS SECTION. UNTIL THE COUNTY PROVIDES FOR A SUCCESSOR
MERIT SYSTEM AS PROVIDED IN THIS SECTION, THE STATE DEPARTMENT
SHALL REIMBURSE ONLY EIGHTY PERCENT OF THE SALARY ESTABLISHED
IN THE COMPENSATION PLAN PURSUANT TO RULES OF THE STATE DEPARTMENT
OR EIGHTY PERCENT OF THE ACTUAL SALARY, WHICHEVER IS LESS. AFTER
THE COUNTY PROVIDES FOR A SUCCESSOR MERIT SYSTEM AS PROVIDED IN
THIS SECTION, THE STATE DEPARTMENT SHALL REIMBURSE ONLY EIGHTY
PERCENT OF THE ACTUAL SALARY; EXCEPT THAT SUCH REIMBURSEMENT SHALL
NOT EXCEED THE MAXIMUM STATE REIMBURSEMENT LEVEL ESTABLISHED BY
THE STATE BOARD PURSUANT TO SUBSECTION (9) OF THIS SECTION.
SECTION 6. Part 1 of article
1 of title 26, Colorado Revised Statutes, 1989 Repl. Vol., as
amended, is amended BY THE ADDITION OF A NEW SECTION to read:
261120.3. Merit system transition progress report repeal. (1) THE STATE DEPARTMENT SHALL SUBMIT A PROGRESS REPORT TO THE HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND THE STATE BOARD ON THE IMPLEMENTATION OF THE TRANSITION BY COUNTIES FROM THE STATE MERIT SYSTEM TO SUCCESSOR COUNTY MERIT SYSTEMS AS PROVIDED IN SECTION 261120. SUCH REPORT SHALL BE SUBMITTED TO THE HEALTH, ENVIRONMENT, WELFARE, AND INSTITUTIONS COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND TO THE STATE BOARD ON OR BEFORE JANUARY 1, 2000. THE REPORT SHALL INCLUDE THE PROGRESS OF COUNTIES IN IMPLEMENTING THE TRANSITION TO SUCCESSOR MERIT SYSTEMS, IDENTIFY THE COUNTIES THAT HAVE MADE THE TRANSITION, IDENTIFY THE COUNTIES THAT HAVE NOT YET MADE THE TRANSITION, AND LIST THE ADVANTAGES IDENTIFIED BY COUNTIES OF OPERATING UNDER A SUCCESSOR MERIT SYSTEM INSTEAD OF THE STATE MERIT SYSTEM, THE EXPERIENCES OF AND THE PROBLEMS ENCOUNTERED BY COUNTIES IN MAKING SUCH A TRANSITION, AND ANY RECOMMENDATIONS FROM COUNTIES ABOUT HOW TO MAKE A SMOOTH TRANSITION FROM THE STATE MERIT SYSTEM TO A SUCCESSOR MERIT SYSTEM.
(2) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2000.
SECTION 7. 261117
(1), Colorado Revised Statutes, 1989 Repl. Vol., is amended to
read:
261117. County director district
director. (1) It is the duty
of the county board to appoint a county director, who shall be
charged with the executive and administrative duties and responsibilities
of the county department, subject to the policies, rules, and
regulations of the state department, and who shall serve as secretary
to the county board, unless a secretary is otherwise appointed
by the board. The county director
shall be exempt from the merit system established and maintained
pursuant to section 261120.
The salary of the county director shall be established by the
board of county commissioners of the county. The state department
shall only
reimburse eighty percent of
the salary established in the compensation
plan pursuant to OF THE COUNTY DIRECTOR
AS PROVIDED IN section 261120. (5)
(i) or eighty percent of the actual salary, whichever is less.
SECTION 8. 261120.5,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
to read:
261120.5. Positions exempted from
merit system repeal. (1) In
addition to county directors, exempted from the county department
of social services personnel merit system pursuant to section
261117, the following persons may be exempted from
the merit system established and maintained pursuant to section
261120:
(a) Attorneys serving as legal counsel
for a county department;
(b) Parttime professional health
and related personnel;
(c) Timelimited appointments of
less than one year for the purposes of conducting special studies,
investigations, or specific projects such as inservice training;
(d) Physical support positions such as
unskilled labor, janitorial, or security; and
(e) Student interns and public assistance
applicants or recipients under timelimited appointments
not to exceed two years for the purpose of developing basic skills
through onthejob training programs.
(2) The merit system supervisor for the
county department of social services shall determine specific
county department positions which shall be exempted pursuant to
subsection (1) of this section. The supervisor's determination
shall be subject to appeal to the merit system council as provided
in section 261120 (5) (a) (VII).
(3) THIS SECTION IS REPEALED, EFFECTIVE
JANUARY 1, 2001.
SECTION 9. 24322115,
Colorado Revised Statutes, 1988 Repl. Vol., as amended, is amended
to read:
24322115. Merit system.
The merit system council of the department
of human services shall ON AND AFTER
JANUARY 1, 2000, IN ACCORDANCE WITH SECTION 13 (4) OF ARTICLE
XII OF THE STATE CONSTITUTION, THE STATE PERSONNEL BOARD MAY provide
personnel services as described in
section 261120 (4) and (5), C.R.S.,
PURSUANT TO CONTRACT to civil defense employees of the political
subdivisions of the state, except where such employees are covered
by another federally approved merit system.
SECTION 10. 25.51107
(1) (b), Colorado Revised Statutes, 1989 Repl. Vol., as amended,
is amended to read:
25.51107. Final agency action
administrative law judge authority of executive director
direction to seek waiver of single state agency requirement
repeal. (1) (b) (I) Nothing
in paragraph (a) of this subsection (1) shall be construed to
authorize review of decisions rendered pursuant to section 261120,
C.R.S.
(II) THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE
JANUARY 1, 2001.
SECTION 11. 261106
(1) (b), Colorado Revised Statutes, 1989 Repl. Vol., as amended,
is amended to read:
261106. Final agency action
administrative law judge authority of executive director
direction to seek waiver of single state agency requirement
repeal. (1) (b) (I) Nothing
in paragraph (a) of this subsection (1) shall be construed to
authorize review of decisions rendered pursuant to section 261120.
(II) THIS PARAGRAPH (b) IS REPEALED, EFFECTIVE
JANUARY 1, 2001.
SECTION 12. 191116
(2) (a), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
191116. Funding
alternatives to placement out of the home.
(2) (a) The county commissioners in each county
may appoint a placement alternatives commission consisting, where
possible, of a physician or a licensed health professional, an
attorney, representatives of a local law enforcement agency, representatives
recommended by the court and probation department, representatives
from the county department of social services, a local mental
health clinic, and the local public health department, a representative
of a local school district specializing in special education,
a representative of a local community centered board, representatives
of a local residential child care facility and a private not for
profit agency providing nonresidential services for children and
families, a representative specializing in occupational training
or employment programs, a foster parent, and one or more representatives
of the lay community. At least fifty percent of the commission
members shall represent the private sector. The county commissioners
of two or more counties may jointly establish a district placement
alternatives commission. A PLACEMENT ALTERNATIVES COMMISSION MAY
BE CONSOLIDATED WITH OTHER LOCAL ADVISORY BOARDS PURSUANT TO SECTION
241.7103, C.R.S.
SECTION 13. 192210,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
BY THE ADDITION OF A NEW SUBSECTION to read:
192210. Juvenile community
review board. (1.5) A JUVENILE
COMMUNITY REVIEW BOARD MAY BE CONSOLIDATED WITH OTHER LOCAL ADVISORY
BOARDS PURSUANT TO SECTION 241.7103, C.R.S.
SECTION 14. 192211,
Colorado Revised Statutes, 1986 Repl. Vol., as amended, is amended
to read:
192211. Local juvenile
services planning committee creation duties.
If all of the boards of commissioners of each county or the city
council of each city and county in a judicial district agree,
there shall be created in such judicial district a local juvenile
services planning committee that shall be appointed by the chief
judge of the judicial district or, for the second judicial district,
the presiding judge of the Denver juvenile court from persons
recommended by the boards of commissioners of each county or the
city council of each city and county within the judicial district.
The committee, if practicable, shall include but not be limited
to a representative from the county department of social services,
a local school district, a local law enforcement agency, a local
probation department, the division of youth corrections, private
citizens, the district attorney's office, and the public defender's
office and a community mental health representative and a representative
of the concerns of municipalities. The committee, if created,
shall meet as necessary to develop a plan for the allocation of
resources for local juvenile services within the judicial district
for the fiscal year. Such plan shall be approved by the department
of human services. A LOCAL JUVENILE SERVICES PLANNING COMMITTEE
MAY BE CONSOLIDATED WITH OTHER LOCAL ADVISORY BOARDS PURSUANT
TO SECTION 241.7103, C.R.S.
SECTION 15. 193308
(6) (a), Colorado Revised Statutes, 1986 Repl. Vol., as amended,
is amended to read:
193308. Action upon report of intrafamilial,
institutional, or thirdparty abuse child protection
team. (6) (a) It is the
intent of the general assembly to encourage the creation of one
or more child protection teams in each county or contiguous group
of counties. A CHILD PROTECTION TEAM MAY BE CONSOLIDATED WITH
OTHER LOCAL ADVISORY BOARDS PURSUANT TO SECTION 241.7103,
C.R.S. In each county in which reports of fifty or more incidents
of known or suspected child abuse have been made to the county
department or the local law enforcement agency in any one year,
the county director shall cause a child protection team to be
inaugurated in the next following year.
SECTION 16. 265.5106
(1), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is
amended to read:
265.5106. Family preservation commission
establishment or designation duties.
(1) The governing body of each county or city and county
shall establish a family preservation commission for the county
or city and county to carry out the duties described in subsection
(2) of this section. The commission shall be interdisciplinary
and multiagency in composition; except that such commission shall
include at least two members from the public at large. The governing
body may designate an existing board or group to act as the commission.
A group of counties may agree to designate a regional commission
to act collectively as the commission for all of such counties.
A FAMILY PRESERVATION COMMISSION MAY BE CONSOLIDATED WITH OTHER
LOCAL ADVISORY BOARDS PURSUANT TO SECTION 241.7103,
C.R.S.
SECTION 17. 268104,
Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended
to read:
268104. Administration.
(1) The executive director of the
state department shall, in accordance with section 261108:
(a) Make rules and regulations governing personnel
standards, the protection of records and confidential information,
the manner and form of filing applications, eligibility, the investigation
and determination of eligibility for vocational rehabilitation
services, procedures for fair hearings, the establishment and
operation of rehabilitation facilities and workshops, and such
other rules and regulations as may be necessary to carry out the
purposes of this article;
(b) Make certification for disbursement, in accordance
with rules and regulations, of funds available for carrying out
the purposes of this article;
(c) Accept and use gifts made unconditionally, by
will or otherwise, for carrying out the purposes of this article.
Gifts made under such conditions as in the judgment of the executive
director are proper and consistent with the provisions of this
article may be accepted and shall be held, invested, reinvested,
and used in accordance with the conditions of the gift.
SECTION 18. Effective
date. This act shall take effect July 1, 1997.
SECTION 19. Safety clause.
The general assembly hereby finds, determines, and declares that
this act is necessary for the immediate preservation of the public
peace, health, and safety.
____________________________ ____________________________
Tom Norton Charles E. Berry
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Joan M. Albi Judith M. Rodrigue
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE OF COLORADO