SENATE BILL 97080
BY SENATORS Tanner, Bishop, Blickensderfer, Chlouber, Hopper, Johnson, Martinez, Pascoe, Phillips, Rizzuto, Rupert, Thiebaut, and Weddig;
also REPRESENTATIVES Kreutz, Chavez, Leyba, and Tucker.
CONCERNING THE PROTECTION AFFORDED TO STATE EMPLOYEES
FROM RETALIATION FOR DISCLOSURE OF INFORMATION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 2450.5104,
Colorado Revised Statutes, 1988 Repl. Vol., is amended to read:
2450.5104. Complaints by
state personnel system employees limitation period.
(1) Any employee in the state personnel system may
file a written complaint with the state personnel board WITHIN
THIRTY DAYS AFTER THE EMPLOYEE KNEW OR SHOULD HAVE KNOWN OF A
DISCIPLINARY ACTION alleging a violation of section 2450.5103
if the employee demonstrates that reasonable communication to
his THE
EMPLOYEE'S supervisor, appointing authority, or member of the
general assembly has occurred in regard to the alleged violation.
WITHIN TEN DAYS AFTER RECEIVING THE COMPLAINT, THE STATE PERSONNEL
BOARD SHALL SEND A COPY OF THE COMPLAINT TO THE AFFECTED STATE
AGENCY AND SHALL PROVIDE THE EMPLOYEE WITH WRITTEN NOTICE THAT
THE COMPLAINT HAS BEEN RECEIVED AND DOCKETED, THAT THE INVESTIGATION
OF THE CHARGES HAS COMMENCED, AND THAT SETS FORTH THE PROCESS
FOR REVIEWING SUCH COMPLAINT. THE AFFECTED STATE AGENCY SHALL
SUBMIT A WRITTEN RESPONSE TO THE COMPLAINT WITHIN FORTYFIVE
DAYS AFTER THE DATE THE COMPLAINT WAS FILED WITH THE STATE PERSONNEL
BOARD. WITHIN FIFTY DAYS AFTER THE DATE THE COMPLAINT WAS FILED
WITH THE STATE PERSONNEL BOARD, the state
personnel board shall cause an investigation
of the charges to be made by the state personnel director. THE
STATE PERSONNEL DIRECTOR SHALL COMPLETE THE INVESTIGATION WITHIN
FORTYFIVE DAYS AFTER THE COMMENCEMENT THEREOF. WITHIN FIVE
DAYS AFTER RECEIVING THE INVESTIGATOR=S
REPORT, THE STATE PERSONNEL BOARD SHALL MAIL A COPY OF THE INVESTIGATOR'S
WRITTEN REPORT TO THE EMPLOYEE AND TO THE AFFECTED STATE AGENCY.
If the investigation establishes that there is a reasonable basis
for the charges, the appointing authority or supervisor shall
be given written notice thereof. Within ten days after he
receives RECEIVING such notice, the
appointing authority or supervisor may petition the board for
a hearing on the matter, and the board shall grant such hearing.
THE BOARD SHALL SET THE MATTER FOR HEARING TO COMMENCE NOT LATER
THAN FORTYFIVE DAYS AFTER THE RECEIPT OF THE PETITION FOR
HEARING FILED BY THE APPOINTING AUTHORITY OR SUPERVISOR OR THE
COMPLETION OF ANY ONGOING INVESTIGATION RELATED TO OTHER ALLEGATIONS
OF THE EMPLOYEE, WHICHEVER IS LATER. THE HEARING DATE MAY BE
CONTINUED ONCE ONLY FOR GOOD CAUSE SHOWN FOR NO LONGER THAN FORTYFIVE
DAYS WITH THE APPROVAL OF THE STATE PERSONNEL BOARD. ANY HEARING
CONDUCTED PURSUANT TO THIS SECTION SHALL TAKE PRECEDENCE OVER
ANY OTHER MATTER PENDING BEFORE THE STATE PERSONNEL BOARD.
(2) If the state personnel board after
hearing determines that a violation of section 2450.5103
has occurred, or if the investigation establishes a reasonable
basis for the charges and no hearing is requested, the board shall
order, WITHIN THIRTY DAYS AFTER SUCH HEARING OR INVESTIGATION,
the appropriate relief, including, but not limited to, reinstatement,
back pay, restoration of lost service credit, and expungement
of the records of the employee who disclosed information, and,
in addition, the state personnel board shall order that the employee
filing the complaint be reimbursed for any costs, INCLUDING ANY
COURT COSTS AND ATTORNEY FEES, IF ANY, incurred in the proceeding.
Such reimbursement shall be made out of moneys appropriated to
the agency which employs such employee. Judicial review of any
determination by the state personnel board under this subsection
(2) may be had in accordance with section 244106.
(3) It shall be a defense in any disciplinary
proceeding against an employee under section 2450125
that such proceeding GRIEVANCE OR
APPEAL BEFORE THE STATE PERSONNEL BOARD THAT THE DISCIPLINARY
ACTION AGAINST AN EMPLOYEE was initiated in violation of section
2450.5103, and the issue of the violation of section
2450.5103 shall be determined by the state personnel
board as a part of the disciplinary
proceeding
RELATED GRIEVANCE OR APPEAL. THE FAILURE TO RAISE ANY SUCH DEFENSE
SHALL BAR ANY SUBSEQUENT CAUSE OF ACTION FOR A VIOLATION OF SECTION
2450.5103 ARISING OUT OF THE SAME SET OF FACTS AT
ISSUE IN THE RELATED GRIEVANCE OR APPEAL.
(4) Whenever the state personnel board
determines that an appointing authority or supervisor has violated
section 2450.5103, it
shall cause an entry to that effect to be made in the supervisor's
personnel records THE APPOINTING
AUTHORITY OR SUPERVISOR SHALL RECEIVE A DISCIPLINARY ACTION WHICH
SHALL REMAIN A PERMANENT PART OF THE APPOINTING AUTHORITY'S OR
SUPERVISOR'S PERSONNEL FILE, AND A COPY OF THE DISCIPLINARY ACTION
SHALL BE PROVIDED TO THE EMPLOYEE. THE DISCIPLINARY ACTION SHALL
BE APPROPRIATE TO THE CIRCUMSTANCES, FROM A MANDATORY MINIMUM
OF ONE WEEK SUSPENSION OR EQUIVALENT UP TO AND INCLUDING TERMINATION.
IN CONSIDERING THE APPROPRIATE DISCIPLINARY ACTION PURSUANT TO
THIS SUBSECTION (4), THE APPOINTING AUTHORITY OR SUPERVISOR OF
THE APPOINTING AUTHORITY OR SUPERVISOR WHO HAS COMMITTED SUCH
VIOLATION SHALL CONSIDER THE NATURE AND SEVERITY OF THE RETALIATORY
CONDUCT INVOLVED.
(5) THE STATE PERSONNEL BOARD SHALL PROMULGATE
RULES CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE THAT ESTABLISH
THE PROCEDURES FOR FILING COMPLAINTS WITH THE STATE PERSONNEL
BOARD UNDER THIS SECTION AND THAT IDENTIFY THE RIGHTS AND OBLIGATIONS
OF EMPLOYEES UNDER THIS ARTICLE.
SECTION 2. No appropriation.
The general assembly has determined that this act can be implemented
within existing appropriations, and therefore no separate appropriation
of state moneys is necessary to carry out the purposes of this
act.
SECTION 3. Effective
date applicability. This act shall
take effect July 1, 1997, and shall apply to employee complaints
filed on or after said date.
SECTION 4. 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