BY REPRESENTATIVES Clarke, Chavez, Dyer, Epps, Hagedorn, Mace, Musgrave, Nichol, Reeser, and Romero;
also SENATORS Congrove, B. Alexander, Chlouber,
Feeley, Hernandez, J. Johnson, Martinez, Mutzebaugh, Norton,
Perlmutter, Phillips, Powers, Schroeder, Tanner, and Weddig.
CONCERNING VETERAN'S PREFERENCES FOR PUBLIC EMPLOYMENT.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. Title
29, Colorado Revised Statutes, is amended BY THE ADDITION OF A
NEW ARTICLE to read:
ARTICLE 5.5
Political Subdivision Veteran's
Preference Enforcement Act
295.5101. Short title.
THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "COLORADO
POLITICAL SUBDIVISION VETERAN'S PREFERENCE ENFORCEMENT ACT".
295.5102. Legislative declaration.
THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT
THE PUBLIC POLICY OF THIS STATE IS TO ENCOURAGE, WHEREVER AND
WHENEVER POSSIBLE AT BOTH THE STATE AND LOCAL LEVEL, THE HIRING
OF VETERANS OF THE UNITED STATES ARMED SERVICES. THIS POLICY
HAS BEEN EXPRESSED THROUGH THE ADOPTION OF ARTICLE XII, SECTION
15 OF THE COLORADO CONSTITUTION AND IS A MATTER OF STATEWIDE CONCERN.
295.5103. Definitions.
AS USED IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(1) "POLITICAL SUBDIVISION OF THE
STATE" SHALL HAVE THE SAME MEANING AS IN ARTICLE XII, SECTION
15 OF THE COLORADO CONSTITUTION INCLUDING, BUT NOT LIMITED TO,
THE REGIONAL TRANSPORTATION DISTRICT.
(2) "VETERANS PREFERENCE POINTS"
MEANS THOSE POINTS TO BE AWARDED PURSUANT TO ARTICLE XII, SECTION
15 OF THE COLORADO CONSTITUTION TO VETERANS APPLYING FOR PUBLIC
EMPLOYMENT.
295.5104. Veterans preference
points. EACH APPLICANT FOR APPOINTMENT
OR EMPLOYMENT IN ANY CIVIL SERVICE, MERIT, OR PERSONNEL SYSTEM
OF A POLITICAL SUBDIVISION OF THE STATE THAT IS COMPARABLE TO
THAT OF THE STATE SHALL BE AWARDED, AT A MINIMUM, THE APPROPRIATE
VETERANS PREFERENCE POINTS PURSUANT TO ARTICLE XII, SECTION 15
OF THE COLORADO CONSTITUTION.
295.5105. Appeals.
(1) AN APPLICANT WHO BELIEVES THAT THE APPLICANT IS
ENTITLED TO, BUT HAS NOT RECEIVED, THE VETERANS PREFERENCE POINTS
REQUIRED BY ARTICLE XII, SECTION 15 OF THE COLORADO CONSTITUTION
MAY, WITHIN THIRTY DAYS AFTER THE NOTICE OF THE HIRING DECISION,
SUBMIT TO THE HIRING AUTHORITY OF THE POLITICAL SUBDIVISION OF
THE STATE A WRITTEN REQUEST FOR A NOTICE OF WHETHER THE APPLICANT
HAS BEEN AWARDED THE VETERANS PREFERENCE POINTS. THE HIRING AUTHORITY
OF THE POLITICAL SUBDIVISION OF THE STATE SHALL RESPOND WITHIN
FIFTEEN DAYS TO THE REQUEST.
(2) THE HIRING AUTHORITY OF THE POLITICAL
SUBDIVISION OF THE STATE OR, AT THE POLITICAL SUBDIVISION OF THE
STATE HIRING AUTHORITY'S DISCRETION, A THREEMEMBER PANEL
SHALL HEAR ANY APPEAL CONCERNING THE AWARDING OF VETERANS PREFERENCE
POINTS AS REQUIRED BY THE ARTICLE XII, SECTION 15 OF THE COLORADO
CONSTITUTION. SUCH HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH
THE PROVISIONS OF THIS SECTION.
(3) THE SELECTION AND EXAMINATION PROCESS
ACTION SHALL BE OVERTURNED IF THE HIRING AUTHORITY OF THE POLITICAL
SUBDIVISION OF THE STATE FINDS THAT:
(a) THE APPLICANT HAS NOT BEEN AWARDED
THE PREFERENCE POINTS SPECIFIED IN ARTICLE XII, SECTION 15 OF
THE COLORADO CONSTITUTION; AND
(b) THE APPLICANT, IF AWARDED THE PREFERENCE
POINTS SPECIFIED IN ARTICLE XII, SECTION 15 OF THE COLORADO CONSTITUTION
WOULD HAVE OTHERWISE OBTAINED THE POSITION.
SECTION 2. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO