BY REPRESENTATIVES Pfiffner and Sullivant;
also SENATOR Blickensderfer.
CONCERNING THE STATE EMPLOYEE COMPENSATION LAW, AND,
IN CONNECTION THEREWITH, RESTRUCTURING THE PROVISIONS CONCERNING
STATE EMPLOYEE JOB EVALUATION AND COMPENSATION.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 2450104,
Colorado Revised Statutes, is REPEALED AND REENACTED, WITH AMENDMENTS,
to read:
2450104. Job evaluation
and compensation. (1) Total
compensation philosophy. (a) (I) IT IS THE
POLICY OF THE STATE, IN RECRUITING AND RETAINING A QUALIFIED AND
COMPETENT WORK FORCE, TO PROVIDE PREVAILING TOTAL COMPENSATION
TO OFFICERS AND EMPLOYEES IN THE STATE PERSONNEL SYSTEM.
(II) FOR PURPOSES OF THIS PARAGRAPH (a),
"PREVAILING TOTAL COMPENSATION" MEANS THE SALARY, BENEFITS,
INCLUDING RETIREMENT BENEFITS, AND PREMIUM PAY PRACTICES COMPARABLE
TO THOSE FOUND BY THE STATE PERSONNEL DIRECTOR IN SIMILAR KINDS
OF EMPLOYMENT IN APPROPRIATE MARKETS OF PUBLIC AND PRIVATE EMPLOYMENT.
TO DETERMINE COMPARABLE RATES FOR SALARIES, BENEFITS, INCLUDING
RETIREMENT BENEFITS, AND PREMIUM PAY PRACTICES PREVAILING IN OTHER
PLACES OF PUBLIC AND PRIVATE EMPLOYMENT, THE STATE PERSONNEL DIRECTOR
SHALL ANNUALLY UTILIZE THE RESULTS OF APPROPRIATE SALARY AND BENEFITS
SURVEYS CONDUCTED BY PUBLIC OR PRIVATE ORGANIZATIONS AND OTHER
SUPPLEMENTAL SALARY OR BENEFIT SURVEYS AS DEEMED NECESSARY BY
THE DIRECTOR TO DETERMINE AND MAINTAIN COMPARABLE TOTAL COMPENSATION
FOR THE WORK FORCE.
(b) THE STATE PERSONNEL DIRECTOR SHALL
USE A SYSTEMATIC APPROACH TO OBJECTIVELY DETERMINE CLASSES OF
POSITIONS AND THE UNIFORM ALIGNMENT OF CLASSES AND OCCUPATIONAL
GROUPS FOR ALL JOBS IN THE STATE PERSONNEL SYSTEM. THE STATE
PERSONNEL DIRECTOR SHALL CONDUCT TIMELY, ONGOING, AND TECHNICALLY
SOUND EVALUATION AND ANALYSES OF JOBS IN ORDER TO GROUP SIMILAR
DUTIES AND RESPONSIBILITIES INTO CLEARLY DISTINGUISHED CLASSES
AND OCCUPATIONAL GROUPS THAT RELATE TO THE COMPENSATION STRUCTURE
THROUGH THE ASSIGNMENT OF APPROPRIATE PAY GRADES. IF THE STATE
PERSONNEL DIRECTOR PROPOSES OR THE DEPARTMENT OF PERSONNEL RECOMMENDS
ANY CHANGES TO CLASSES OR OCCUPATIONAL GROUPS OR TO THE PAY GRADES
FOR SUCH CLASSES OR GROUPS AS A RESULT OF THE EVALUATION AND ANALYSES
REQUIRED UNDER THIS PARAGRAPH (b), THE DIRECTOR SHALL NOTIFY ALL
AFFECTED EMPLOYEES AND EMPLOYEE ORGANIZATIONS OF SUCH CHANGES.
UPON REQUEST OF ANY AFFECTED EMPLOYEE OR EMPLOYEE ORGANIZATION,
THE STATE PERSONNEL DIRECTOR SHALL MEET AND CONFER IN GOOD FAITH
WITH SUCH EMPLOYEE OR ORGANIZATION REGARDING THE PROPOSED OR RECOMMENDED
CHANGES PRIOR TO FINALIZING AND IMPLEMENTING ANY SUCH CHANGE.
(c) THE STATE PERSONNEL DIRECTOR
SHALL DEVELOP A PERFORMANCE MANAGEMENT, EVALUATION, AND REWARD
SYSTEM THAT PERMITS PERIODIC SALARY INCREASES BASED ON DEMONSTRATED
PERFORMANCE, WITHHOLDING SUCH INCREASES FOR LESS THAN SATISFACTORY
PERFORMANCE, AND THE ESTABLISHMENT OF A JOB RATE FOR ALL CLASSES
IN EACH OCCUPATIONAL GROUP, EXCEPT THE MEDICAL OCCUPATIONAL GROUP,
THE SENIOR EXECUTIVE SERVICE, AND ANY GROUP WHERE JOB RATE IS
INAPPLICABLE AS DETERMINED BY THE STATE PERSONNEL DIRECTOR. MOVEMENT
WITHIN A PAY GRADE SHALL BE BASED ON SATISFACTORY OR BETTER PERFORMANCE.
ONCE AN EMPLOYEE REACHES THE JOB RATE, WHICH SHALL BE AN AMOUNT
ESTABLISHED BY THE ANNUAL TOTAL COMPENSATION SURVEY, THE EMPLOYEE
SHALL BE ELIGIBLE ONLY FOR NONBASEBUILDING PERFORMANCE AWARDS
RATHER THAN BASE SALARY ADJUSTMENTS. EXCEPT AS PROVIDED IN PARAGRAPH
(d) OF SUBSECTION (5) OF THIS SECTION, SALARIES MAY BE INCREASED
OR LEFT UNCHANGED SUBJECT TO AVAILABLE APPROPRIATIONS FOR THE
PERFORMANCE MANAGEMENT, EVALUATION, AND REWARD SYSTEM; EXCEPT
THAT NO ANNUAL INCREASE SHALL BE GUARANTEED. EACH AGENCY SHALL
ESTABLISH AN EFFECTIVE DATE FOR ITS PERFORMANCE AWARDS BASED ON
THE AGENCY'S BUSINESS NEEDS AND AVAILABLE APPROPRIATIONS SO LONG
AS THE AGENCY'S APPROPRIATION REQUESTS RELATED TO SUCH PERFORMANCE
AWARDS FOR THE NEXT FISCAL YEAR ARE NO GREATER THAN THE AGENCY
WOULD HAVE REQUESTED BEFORE ESTABLISHING THE EFFECTIVE DATE.
(d) THE STATE PERSONNEL DIRECTOR SHALL
IMPLEMENT A PERFORMANCEBASED PAY PLAN OVER A PERIOD OF THREE
YEARS IN THREE SEPARATE PHASES BEGINNING JULY 1, 1998, AND ALL
EMPLOYEES IN THE STATE PERSONNEL SYSTEM SHALL BE COVERED UNDER
SUCH PLAN AS OF JULY 1, 2000. UNTIL AN EMPLOYEE BECOMES ELIGIBLE
FOR THE FIRST PERFORMANCE AWARD PAYMENT, ANNIVERSARYBASED
MERIT INCREASES SHALL CONTINUE TO APPLY. THE PERFORMANCEBASED
PAY PLAN SHALL BE IMPLEMENTED AND COORDINATED BY THE DEPARTMENT
OF PERSONNEL PURSUANT TO GUIDELINES DEVELOPED BY THE DEPARTMENT
AND SUBJECT TO AVAILABLE APPROPRIATIONS.
(e) THE STATE PERSONNEL DIRECTOR SHALL
SUSTAIN AN EMPLOYEE'S BASE SALARY IN THE EVENT SUCH EMPLOYEE'S
POSITION IS PLACED IN A LOWER PAY RANGE DUE TO AN ALLOCATION OF
SUCH EMPLOYEE'S POSITION, A SYSTEM MAINTENANCE STUDY OF ALL POSITIONS
IN A CLASS, A GENERAL JOB EVALUATION STUDY OF THE STATE PERSONNEL
SYSTEM, OR THE ANNUAL TOTAL COMPENSATION SURVEY FOR A PERIOD NOT
TO EXCEED THREE YEARS FROM THE EFFECTIVE DATE OF SUCH PLACEMENT.
FOR PURPOSES OF THE ANNUAL TOTAL COMPENSATION SURVEY, THIS PARAGRAPH
(e) SHALL TAKE EFFECT BEGINNING WITH THE 1999 ANNUAL TOTAL COMPENSATION
SURVEY.
(f) INITIAL HIRING SHALL TYPICALLY BE
AT THE MINIMUM RATE IN THE PAY GRADE. ON A SHOWING OF RECRUITING
DIFFICULTY OR OTHER UNUSUAL CONDITION, THE APPOINTING AUTHORITY
MAY AUTHORIZE THE APPOINTMENT OF A PERSON AT A HIGHER BASE SALARY
WITHIN THE PAY GRADE NOT TO EXCEED THE JOB RATE FOR THE CLASS.
(g) BENEFITS SHALL INCLUDE INSURANCE,
RETIREMENT, AND LEAVES OF ABSENCE WITH OR WITHOUT PAY AND MAY
INCLUDE JURY DUTY, MILITARY DUTY, OR EDUCATIONAL LEAVES. THE
STATE PERSONNEL DIRECTOR SHALL PRESCRIBE PROCEDURES FOR THE TYPES,
AMOUNTS, AND CONDITIONS FOR ALL LEAVE BENEFITS THAT ARE TYPICALLY
CONSISTENT WITH PREVAILING PRACTICES, SUBJECT TO THE PROVISIONS
GOVERNING THE BENEFITS PROVIDED IN SUBSECTION (7) OF THIS SECTION.
THE GENERAL ASSEMBLY SHALL APPROVE ANY CHANGES TO LEAVE BENEFITS
GRANTED BY STATUTE BEFORE SUCH CHANGES ARE IMPLEMENTED. THE STATE
PERSONNEL DIRECTOR SHALL PRESCRIBE BY PROCEDURE ANY NONSTATUTORY
BENEFITS.
(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
STATE CONSTITUTION, ESTABLISH SPECIAL PROCEDURES FOR CLASSIFYING
THOSE 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
STATE CONSTITUTION, INCLUDING, BUT NOT LIMITED TO, THE GRADING
AND COMPENSATION OF PERSONS IN THE STATE PERSONNEL SYSTEM ACCORDING
TO STANDARDS OF EFFICIENT SERVICE THAT ARE THE SAME FOR ALL PERSONS
HAVING LIKE DUTIES.
(i) THE STATE PERSONNEL DIRECTOR SHALL
MONITOR COMPLIANCE WITH PARAGRAPH (d) OF THIS SUBSECTION (1) AND
SHALL REPORT THE DIRECTOR'S FINDINGS BY JANUARY 1 OF EACH YEAR
TO THE JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY. THE REPORT
SHALL INCLUDE, BY AGENCY OR DEPARTMENT, THE TOTAL AMOUNT OF DOLLARS
APPROPRIATED FOR PERFORMANCE AWARDS FOR THE PRIOR FISCAL YEAR,
THE TOTAL AMOUNT OF THOSE APPROPRIATED DOLLARS AWARDED TO EMPLOYEES
FOR PERFORMANCE AWARDS, AND THE TOTAL AMOUNT OF DOLLARS AWARDED
FOR EACH PERFORMANCE CATEGORY.
(2) Records. TO FACILITATE
THE REPORTING OF ESTIMATED COSTS REQUIRED OF THE STATE PERSONNEL
DIRECTOR PURSUANT TO PARAGRAPH (c) OF SUBSECTION (4) OF THIS SECTION,
THE RECORDS OF ALL POSITIONS IN THE STATE PERSONNEL SYSTEM SHALL
BE CURRENT AND INCLUDED IN THE STATE PERSONNEL DATA SYSTEM BY
JANUARY 1 OF EACH YEAR.
(3) Total compensation advisory council.
(a) A TOTAL COMPENSATION ADVISORY COUNCIL IS HEREBY
ESTABLISHED TO ADVISE THE STATE PERSONNEL DIRECTOR ON POLICY MATTERS
RELATED TO THE TOTAL COMPENSATION PROGRAM, INCLUDING PERFORMANCEBASED
PAY AND THE CONDUCT OF SUPPLEMENTAL SALARY OR BENEFITS SURVEYS
DEEMED NECESSARY BY THE DIRECTOR UNDER SUBPARAGRAPH (II) OF PARAGRAPH
(a) OF SUBSECTION (1) OF THIS SECTION. THE TOTAL COMPENSATION
ADVISORY COUNCIL SHALL CONSIST OF ELEVEN MEMBERS, WHO SHALL SERVE
WITHOUT COMPENSATION, AS FOLLOWS:
(I) THE STATE CONTROLLER OR THE STATE
CONTROLLER'S DESIGNEE;
(II) THE ATTORNEY GENERAL OR THE ATTORNEY
GENERAL'S DESIGNEE;
(III) THE INSURANCE COMMISSIONER OR THE
INSURANCE COMMISSIONER'S DESIGNEE;
(IV) A PRIVATE SECTOR TOTAL COMPENSATION
SPECIALIST APPOINTED BY THE STATE PERSONNEL DIRECTOR;
(V) A MEMBER OF THE SENATE APPOINTED BY
THE PRESIDENT OF THE SENATE;
(VI) A MEMBER OF THE HOUSE OF REPRESENTATIVES
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES; AND
(VII) FIVE MEMBERS ELECTED BY EMPLOYEES IN THE
STATE PERSONNEL SYSTEM WHO SHALL SERVE THREEYEAR TERMS.
(b) THE STATE PERSONNEL DIRECTOR SHALL
ESTABLISH ELECTION PROCEDURES FOR THE TOTAL COMPENSATION ADVISORY
COUNCIL. NO MORE THAN TWO EMPLOYEES SHALL BE ELECTED FROM ONE
DEPARTMENT OR INSTITUTION OF HIGHER EDUCATION. NO EMPLOYEE, AS
DEFINED IN SECTION 2450603 (7), SHALL BE DENIED THE
RIGHT TO SEEK ELECTION TO AND SERVE ON THE TOTAL COMPENSATION
ADVISORY COUNCIL.
(c) NOTHING IN THIS SUBSECTION (3) SHALL
AFFECT THE TOTAL COMPENSATION ADVISORY COUNCIL EXISTING AS OF
THE EFFECTIVE DATE OF THIS SUBSECTION (3) OR THE TERMS OF THE
MEMBERS SERVING ON THE COUNCIL AS OF THE EFFECTIVE DATE OF THIS
SUBSECTION (3).
(4) Annual total compensation survey.
(a) THE STATE PERSONNEL DIRECTOR SHALL ESTABLISH TECHNICALLY
AND PROFESSIONALLY SOUND SURVEY METHODOLOGIES TO DETERMINE PREVAILING
TOTAL COMPENSATION PRACTICES, LEVELS, AND COSTS. THE ANNUAL TOTAL
COMPENSATION SURVEY, BASED ON AN ANALYSIS OF SURVEYS CONDUCTED
BY PUBLIC OR PRIVATE ORGANIZATIONS, SHALL INCLUDE A FAIR SAMPLE
OF PUBLIC AND PRIVATE SECTOR EMPLOYERS AND JOBS, INCLUDING AREAS
OUTSIDE THE DENVER METROPOLITAN AREA. ANY SURVEYS PROVIDED ON
A CONFIDENTIAL BASIS SHALL NOT BE REVEALED EXCEPT TO THE STATE
AUDITOR'S OFFICE AND THE PRIVATE FIRM CONDUCTING THE AUDIT REQUIRED
IN PARAGRAPH (b) OF THIS SUBSECTION (4). IN ORDER TO ESTABLISH
CONFIDENCE IN THE UTILIZATION OF SALARY AND FRINGE BENEFITS SURVEYS,
THE STATE PERSONNEL DIRECTOR SHALL MEET AND CONFER IN GOOD FAITH
WITH MANAGEMENT AND EMPLOYEE REPRESENTATIVES OF THE STATE AND
THE TOTAL COMPENSATION ADVISORY COUNCIL IN THE SELECTION AND UTILIZATION
OF PUBLIC OR PRIVATE SURVEYS OR SURVEYS CONDUCTED BY THE STATE
PERSONNEL DIRECTOR.
(b) THE PURPOSE OF THE ANNUAL TOTAL COMPENSATION
REPORT SHALL BE TO REFLECT ALL ADJUSTMENTS NECESSARY TO MAINTAIN
THE TOTAL COMPENSATION STRUCTURE FOR THE UPCOMING FISCAL YEAR.
THE TOTAL COMPENSATION SURVEY, INCLUDING ANY SUPPLEMENTAL SALARY
OR BENEFITS SURVEY, SHALL NOT BE APPEALABLE. THE STATE AUDITOR
IS RESPONSIBLE FOR CONTRACTING WITH A PRIVATE FIRM TO CONDUCT
A PERFORMANCE AUDIT OF THE PROCEDURES AND APPLICATION OF DATA,
INCLUDING ADJUSTMENTS TO JOB RATES. SUCH AUDITS SHALL BE CONDUCTED
ANNUALLY THROUGH CALENDAR YEAR 2000 AND EVERY TWO YEARS, BEGINNING
JANUARY 1, 2001, AND A REPORT SHALL BE SUBMITTED TO THE GOVERNOR
AND THE GENERAL ASSEMBLY BY JUNE 30, 1999, AND EVERY OTHER YEAR
THEREAFTER.
(c) THE STATE PERSONNEL DIRECTOR SHALL
SUBMIT THE FINAL TOTAL COMPENSATION RECOMMENDATIONS AND ESTIMATED
INCREASED COSTS, INCLUDING THOSE COSTS RESULTING FROM IMPLEMENTATION
OF SECTION 2450110 (1) (a), TO THE GOVERNOR AND THE
JOINT BUDGET COMMITTEE OF THE GENERAL ASSEMBLY BY DECEMBER 1 OF
EACH YEAR AND SHALL PUBLISH SUCH REPORT. THE RECOMMENDED CHANGES
TO SALARIES SHALL BE EFFECTIVE ON JULY 1 OF THE ENSUING FISCAL
YEAR UNLESS THE GENERAL ASSEMBLY, ACTING BY BILL, ESTABLISHES
A DIFFERENT EFFECTIVE DATE FOR THAT FISCAL YEAR OR THE GOVERNOR
ORDERS OTHERWISE PURSUANT TO SECTION 2450109.5 AND
SUCH ORDER IS ADOPTED BY THE GENERAL ASSEMBLY THROUGH A JOINT
RESOLUTION DECLARING A FISCAL EMERGENCY AND APPROVED BY THE GOVERNOR
IN ACCORDANCE WITH SECTION 39 OF ARTICLE V OF THE COLORADO CONSTITUTION.
(5) Pay plans. (a) THE
STATE PERSONNEL DIRECTOR SHALL ESTABLISH PAY PLANS AS TECHNICALLY
AND PROFESSIONALLY NECESSARY AND SHALL ESTABLISH ANY PROCEDURES
AND DIRECTIVES REQUIRED TO IMPLEMENT THE STATE'S PREVAILING TOTAL
COMPENSATION PHILOSOPHY AS DEFINED IN SUBSECTION (1) OF THIS SECTION.
(b) NO EMPLOYEE IN ANY PAY PLAN MAY EXCEED
AN ESTABLISHED MAXIMUM SALARY AMOUNT FOR SUCH PLAN, EXCEPT AS
PROVIDED IN PARAGRAPH (e) OF SUBSECTION (1) OF THIS SECTION.
THE MAXIMUM MONTHLY SALARY FOR ANY EMPLOYEE WHOSE POSITION IS
ASSIGNED TO A NONMEDICAL PAY PLAN IN EFFECT PRIOR TO JULY 1, 1991,
SHALL BE CALCULATED BASED ON THE 1991 MAXIMUM OF FIVE THOUSAND
SEVEN HUNDRED NINETYFOUR DOLLARS, PLUS THE SUBSEQUENT ADJUSTMENTS
MADE UNDER THIS PARAGRAPH (b) SINCE JULY 1, 1991; EXCEPT THAT
CLASSES IN THE MEDICAL PAY PLAN REQUIRING LICENSURE AS A PHYSICIAN
OR DENTIST SHALL BE SUBJECT TO A MAXIMUM MONTHLY SALARY CALCULATED
ON THE BASIS OF THE 1991 MAXIMUM OF SEVEN THOUSAND EIGHT HUNDRED
TWELVE DOLLARS, PLUS THE SUBSEQUENT ADJUSTMENTS MADE UNDER THIS
PARAGRAPH (b) SINCE JULY 1, 1991. SUCH AMOUNTS SHALL BE ADJUSTED
BY THE STATE PERSONNEL DIRECTOR IN ACCORDANCE WITH THE CHANGE
IN THE CONSUMER PRICE INDEX FOR THE DENVERBOULDER METROPOLITAN
STATISTICAL AREA FOR THE PRECEDING CALENDAR YEAR OR THE PERCENTAGE
INCREASE IN STATE GENERAL FUND APPROPRIATIONS IN RELATION TO SUCH
APPROPRIATIONS FOR THE PRECEDING FISCAL YEAR, WHICHEVER IS LESS.
THE MAXIMUM MONTHLY SALARY FOR THE SENIOR EXECUTIVE SERVICE PLAN
SHALL NOT EXCEED THE MAXIMUM MONTHLY SALARY OF ANY NONMEDICAL
PAY PLAN BY MORE THAN TWENTYFIVE PERCENT.
(c) THE SENIOR EXECUTIVE SERVICE SHALL
BE LIMITED TO ONE HUNDRED TWENTYFIVE POSITIONS. THE STATE
PERSONNEL DIRECTOR SHALL ESTABLISH CRITERIA FOR INCLUSION IN THE
SENIOR EXECUTIVE SERVICE AND SHALL REVIEW EACH NOMINATED POSITION
BEFORE IT IS PLACED IN THE PAY PLAN FOR THE SENIOR EXECUTIVE SERVICE.
THE HEAD OF THE DEPARTMENT OR AGENCY OR STATE AUDITOR FOR EMPLOYEES
OF THE STATE AUDITOR'S OFFICE SHALL MAKE APPOINTMENTS TO THE SENIOR
EXECUTIVE SERVICE BASED ON COMPETITIVE SELECTION AND IS RESPONSIBLE
FOR THE MANAGEMENT OF THE EMPLOYEES IN SUCH PLAN. ANY PERSON
IN THE SENIOR EXECUTIVE SERVICE SHALL HAVE NO RIGHT TO A POSITION
OUTSIDE OF THE SENIOR EXECUTIVE SERVICE.
(d) IN THE PAY PLANS FOR MEDICAL AND THE
SENIOR EXECUTIVE SERVICE, THERE SHALL BE NO ANNIVERSARYBASED
MERIT INCREASES. THE SALARIES IN SUCH PAY PLANS SHALL BE BASED
ON THE NEGOTIATION OF AN ANNUAL CONTRACT BETWEEN THE EMPLOYEE
AND THE DEPARTMENT HEAD OR THE STATE AUDITOR, WHEN APPROPRIATE,
AND THE AMOUNT OF SUCH SALARIES MAY INCREASE, DECREASE, OR REMAIN
UNCHANGED FROM YEAR TO YEAR. ANY EMPLOYEE DISMISSED FOR FAILURE
TO PERFORM UNDER SUCH CONTRACT MAY ONLY APPEAL DIRECTLY TO THE
STATE PERSONNEL BOARD.
(6) Job evaluation. (a) SYSTEM
MAINTENANCE STUDIES INVOLVING THE ASSIGNMENT OF CLASSES TO INCREASED
PAY GRADES SHALL BE INCORPORATED INTO THE ANNUAL TOTAL COMPENSATION
REQUEST REPORTED TO THE GENERAL ASSEMBLY AND SHALL BE EFFECTIVE
ON JULY 1 OF EACH YEAR UNLESS OTHERWISE ORDERED BY THE GOVERNOR
ACTING PURSUANT TO SECTION 2450109.5.
(b) (I) THE STATE PERSONNEL DIRECTOR
SHALL ALLOCATE INDIVIDUAL POSITIONS TO THE PROPER CLASSES BASED
ON AN OBJECTIVE EVALUATION OF THE JOB ASSIGNMENT.
(II) ANY EMPLOYEE DIRECTLY AFFECTED BY
THE ALLOCATION OF THE EMPLOYEE'S POSITION TO A CLASS IN A LOWER
PAY GRADE UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH (b) MAY FILE
A WRITTEN APPEAL WITH THE STATE PERSONNEL DIRECTOR WITHIN TEN
DAYS AFTER RECEIVING THE NOTICE OF ALLOCATION OF POSITIONS. THE
STATE PERSONNEL DIRECTOR, OR THE DIRECTOR'S DESIGNEE, SHALL REVIEW
THE APPEAL IN SUMMARY FASHION ON THE BASIS OF WRITTEN MATERIAL
THAT MAY BE SUPPLEMENTED BY ORAL ARGUMENT AT THE SOLE DISCRETION
OF THE DIRECTOR OR DESIGNEE. AT THE DIRECTOR'S DISCRETION, AN
ADVISORY PANEL OF QUALIFIED JOB EVALUATORS MAY BE CONVENED TO
ASSIST THE DIRECTOR IN MAKING A DECISION. THE DIRECTOR SHALL
ISSUE A WRITTEN DECISION WITHIN NINETY CALENDAR DAYS AFTER THE
RECEIPT OF A TIMELY APPEAL. IF THE DIRECTOR DOES NOT ISSUE A
DECISION WITHIN NINETY CALENDAR DAYS AFTER RECEIPT OF A TIMELY
APPEAL, THE ORIGINAL ALLOCATION DECISION SHALL BE FINAL. AN ALLOCATION
DECISION MAY BE OVERTURNED ONLY IF THE DIRECTOR FINDS IT TO HAVE
BEEN ARBITRARY, CAPRICIOUS, OR CONTRARY TO RULE OR LAW. THE STATE
PERSONNEL DIRECTOR SHALL ESTABLISH A PROCESS FOR TIMELY RESOLVING
APPEALS WITHIN THE NINETYDAY PERIOD AND THE CRITERIA FOR
SELECTION OF AND METHOD OF SERVICE UPON AN ADVISORY PANEL. ANY
DECISION SHALL BE SUBJECT TO JUDICIAL REVIEW PURSUANT TO SECTION
244106.
(7) Leaves. (a) NO
EMPLOYEE SHALL EARN MORE THAN TEN DAYS OF SICK LEAVE PER FISCAL
YEAR. NO EMPLOYEE MAY RETAIN ACCUMULATED SICK LEAVE IN EXCESS
OF FORTYFIVE DAYS AT THE END OF ANY FISCAL YEAR; EXCEPT
THAT ANY EMPLOYEE WHO HAD ACCUMULATED SICK LEAVE PRIOR TO JULY
1, 1988, SHALL RETAIN SUCH LEAVE AND MAY ACCUMULATE A MAXIMUM
OF FORTYFIVE ADDITIONAL DAYS. ANY EXCESS ACCUMULATION MAY
BE CONVERTED TO ANNUAL LEAVE AT THE RATE OF FIVE DAYS OF SICK
LEAVE TO ONE DAY OF ANNUAL LEAVE UP TO A TOTAL OF TWO DAYS PER
FISCAL YEAR. A MEDICAL CERTIFICATE FORM FROM A HEALTH CARE PROVIDER
SHALL BE REQUIRED FOR ABSENCES OF MORE THAN THREE FULL CONSECUTIVE
WORKING DAYS, OR THE USE OF SICK LEAVE SHALL BE DENIED.
(b) THE PROCEDURES OF THE STATE PERSONNEL
DIRECTOR SHALL PROVIDE THAT NO MORE THAN TWO DAYS OF PAID LEAVE
PER FISCAL YEAR SHALL BE GRANTED FOR ORGAN, TISSUE, OR BONE MARROW
DONATION FOR TRANSPLANTS. SUCH LEAVE MAY NOT BE ACCUMULATED.
(c) THE STATE PERSONNEL DIRECTOR MAY ESTABLISH
PROCEDURES TO ALLOW THE TRANSFER OF ANNUAL LEAVE BETWEEN EMPLOYEES
WHEN ONE EMPLOYEE, OR AN IMMEDIATE FAMILY MEMBER OF SUCH EMPLOYEE,
EXPERIENCES A CATASTROPHIC, LIFE THREATENING HEALTH CONDITION.
THE RECIPIENT OF ANY ANNUAL LEAVE SHALL HAVE A MINIMUM OF ONE
YEAR OF STATE SERVICE AND EXHAUSTED ALL ACCRUED ANNUAL AND SICK
LEAVE.
(d) AN EMPLOYEE CERTIFIED AS A DISASTER
SERVICE VOLUNTEER OF THE AMERICAN RED CROSS MAY BE GRANTED PAID
LEAVE FOR SPECIALIZED DISASTER RELIEF SERVICES. SUCH LEAVE SHALL
NOT EXCEED FIVE DAYS FOR A LOCAL DISASTER OR FIFTEEN DAYS FOR
A NATIONAL DISASTER IN A TWELVEMONTH PERIOD. SUCH LEAVE
MAY NOT BE ACCUMULATED. DURING THIS PERIOD OF LEAVE, AN EMPLOYEE
SHALL NOT BE DEEMED TO BE AN EMPLOYEE FOR PURPOSES OF THE "WORKERS'
COMPENSATION ACT OF COLORADO", AS PROVIDED IN ARTICLES 40
TO 47 OF TITLE 8, C.R.S.
(8) Payroll. (a) SALARIES
FOR POSITIONS IN THE STATE PERSONNEL SYSTEM, EXCEPT FOR HOURLY,
OVERTIME, AND SUPPLEMENTAL PURPOSES, SHALL BE PAID ON A MONTHLY
BASIS AS OF THE LAST WORKING DAY OF THE MONTH; EXCEPT THAT, FOR
STATE PERSONNEL EMPLOYEES IN THE DEPARTMENT OF TRANSPORTATION
HIRED BEFORE THE EFFECTIVE DATE OF THIS SECTION, AS AMENDED, SALARIES
FOR THE MONTH OF DECEMBER SHALL BE PAID ON THE FIRST WORKING DAY
IN JANUARY, UNLESS ANY SUCH EMPLOYEE INFORMS THE CONTROLLER OF
THE DEPARTMENT OF TRANSPORTATION OF THE EMPLOYEE'S DESIRE TO BE
PAID IN THE SAME MANNER AS OTHER EMPLOYEES IN THE STATE PERSONNEL
SYSTEM AS PROVIDED IN THIS SUBSECTION (8), IN WHICH CASE, THE
EMPLOYEE SHALL BE PAID IN SUCH MANNER.
(b) MONTHLY SALARIES SHALL BE CONVERTED
TO ANNUAL SALARY AS THE BASIS FOR CALCULATING AMOUNTS DUE FOR
PERIODS OTHER THAN MONTHLY.
(c) THE STATE PERSONNEL DIRECTOR OR THE
DIRECTOR'S DESIGNEE SHALL REGULATE, APPROVE, AND REVIEW ALL PAYROLL
DEDUCTIONS OTHER THAN THOSE EXPRESSLY AUTHORIZED BY STATUTE OR
STATESPONSORED FOR ALL STATE EMPLOYEES. THE STATE PERSONNEL
DIRECTOR MAY ASSESS A CHARGE TO THE ORGANIZATION THAT RECEIVES
THE BENEFIT FROM SUCH A PAYROLL DEDUCTION TO OFFSET THE COST TO
THE STATE FOR THIS SERVICE.
(d) NO PAYROLL DEDUCTION SHALL BE MADE
ON BEHALF OF A STATE EMPLOYEE WITHOUT PRIOR WRITTEN AUTHORIZATION
FROM THE STATE PERSONNEL DIRECTOR OR THE DIRECTOR'S DESIGNEE.
THE STATE PERSONNEL DIRECTOR OR THE DIRECTOR'S DESIGNEE MAY AUTHORIZE
A PAYROLL DEDUCTION ONLY AFTER RECEIVING A WRITTEN REQUEST FOR
SUCH PAYROLL DEDUCTION FROM THE EMPLOYEE, A DEPARTMENT OR AGENCY
REPRESENTATIVE, OR AN ORGANIZATION.
(9) Liability. (a) EXCEPT
FOR GROSS NEGLIGENCE OR FRAUD, NO STATE EMPLOYEE RESPONSIBLE FOR
CALCULATING PAY SHALL BE IN ANY MANNER LIABLE FOR OVERPAYMENT
OR UNDERPAYMENT OF SALARIES.
(b) NO EMPLOYEE WHOSE SALARY MAY BE INCREASED
BY AN ALLOCATION OF THE EMPLOYEE'S POSITION TO A CLASS IN A HIGHER
PAY GRADE SHALL HAVE ANY CLAIM AGAINST THE STATE UNLESS THE FINAL
ALLOCATION DECISION IS MADE EFFECTIVE MORE THAN ONE YEAR FROM
THE TIME THE WRITTEN ALLOCATION REQUEST WAS RECEIVED BY THE APPROPRIATE
PERSONNEL OFFICE. IN SUCH CASE, THE EMPLOYEE IS ENTITLED TO THE
DIFFERENCE BETWEEN THE SALARY OF THE OLD GRADE AND THE NEW SALARY
FOR SUCH PERIOD OVER TWELVE MONTHS.
SECTION 2. Part
1 of article 50 of title 24, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
2450104.5. Compliance
with federal laws. (1) THE STATE PERSONNEL DIRECTOR
SHALL ESTABLISH THE GENERAL CRITERIA AND PROCESSES NECESSARY FOR
THE STATE PERSONNEL SYSTEM TO FULLY COMPLY WITH ALL APPLICABLE
FEDERAL EMPLOYMENT LAWS. HOLIDAYS AND PERIODS OF AUTHORIZED PAID
LEAVE FALLING WITHIN A REGULARLY SCHEDULED WORKWEEK SHALL BE COUNTED
AS WORK TIME IN DETERMINING OVERTIME FOR EMPLOYEES PERFORMING
ESSENTIAL LAW ENFORCEMENT, HIGHWAY MAINTENANCE, AND OTHER SUPPORT
SERVICES DIRECTLY NECESSARY FOR THE HEALTH, SAFETY, AND WELFARE
OF PATIENTS, RESIDENTS, AND INMATES OF STATE INSTITUTIONS OR STATE
FACILITIES.
(2) THE STATE PERSONNEL DIRECTOR MAY ESTABLISH
AN INTERNAL REVIEW PROCESS OF ALLEGED VIOLATIONS OF SUCH FEDERAL
LAWS. SUCH A REVIEW SHALL BE CONDUCTED IN SUMMARY FASHION ON
THE BASIS OF WRITTEN MATERIAL. THE STATE PERSONNEL DIRECTOR SHALL
ISSUE A WRITTEN DECISION WITHIN NINETY DAYS AFTER RECEIPT OF THE
WRITTEN COMPLAINT. ANY AGGRIEVED PARTY MAY ALSO SEEK JUDICIAL
REVIEW AS SPECIFIED BY THE APPLICABLE LAW.
SECTION 3. 1234101.5,
Colorado Revised Statutes, is amended to read:
1234101.5. Legislative
declaration. The general assembly
hereby finds and declares that the use of anatomical gifts, including
the donation of organs or tissue, for the purpose of transplantation
is of great interest to the wellbeing of the citizens of
this state and may save or prolong the life or improve the health
of extremely ill and dying persons. The general assembly therefore
finds that it is in the best interests of the state to encourage
such donations for transplants and to encourage the use of the
authorization for anatomical gifts required to be printed on the
back of drivers' licenses and identification cards indicating
that the signer has consented to the donation of organs or tissue
and indicating, if known, the results of HLA typing for the purpose
of matching such anatomical gifts for transplants. The general
assembly further finds that it is beneficial to the state for
employers to encourage such donations by allowing employees time
off for the purpose of making such donations and, to that end,
that it is necessary to direct that the state personnel board
DIRECTOR, consistent with section
2450104 (9) (c) SECTION
2450104 (7) (b), C.R.S., adopt a rule
PROCEDURE that provides for two days per year of paid leave for
employees in the state personnel system for the purpose of donating
organs, tissue, or bone marrow for a transplant.
SECTION 4. 2450109.5
(2), Colorado Revised Statutes, is amended to read:
2450109.5. Fiscal emergencies
emergency orders. (2) With
the advice and assistance of the state personnel director, the
governor shall take such actions as necessary to be utilized by
each principal department and each institution of higher education
to reduce state personnel expenditures in the event of a fiscal
emergency. Such actions shall include, but need not be limited
to, separations, voluntary furloughs, mandatory furloughs, suspension
of salary and fringe benefit survey increases, suspension of PERFORMANCE
AWARDS OR merit increases, jobsharing, hiring freezes, forced
reallocation of vacant positions, or a combination thereof. Any
suspension of salary and fringe benefit survey increases or suspension
of PERFORMANCE AWARDS OR merit increases shall apply statewide
to all employees in the state personnel system. If mandatory
furloughs are utilized in any principal department or institution
of higher education, such furloughs shall be implemented by each
appointing authority so that all employees under such authority,
regardless of status, position, or level of employment, are furloughed
for the same length of time. Employees of the following agencies
and employees with duties as described shall not be subject to
mandatory furlough: The Colorado state patrol, correctional officers,
of the department of corrections
POLICE OFFICERS, employees of the department of human services
providing handson care, and employees providing handson
nursing care.
SECTION 5. 2450603
(4) and (5), Colorado Revised Statutes, are amended to read:
2450603. Definitions. As
used in this part 6, unless the context otherwise requires:
(4) "Council" means the total
compensation advisory council established pursuant to section
2450104 (2) (c) (II)
SECTION 2450104 (3).
(5) "Dependent" means an employee's
legal spouse; each unmarried child, including adopted children,
stepchildren, and foster children, through the end of the calendar
year in which the child turns nineteen years of age, for whom
the employee is the major source of financial support or FOR WHOM
THE EMPLOYEE is directed by court order to provide coverage; each
unmarried child nineteen years of age, through the end of the
calendar year in which the child turns
twentythree years of age, who is
THAT CHILD IS NO LONGER a fulltime student in an educational
or vocational institution, BUT NO LONGER THAN THROUGH THE END
OF THE MONTH IN WHICH THE FULLTIME STUDENT TURNS TWENTYFOUR
YEARS OF AGE, and for whom the employee is the major source of
financial support or FOR WHOM THE EMPLOYEE is directed by court
order to provide coverage; and each
OR AN unmarried child OF ANY AGE who has either a physical or
mental disability, as defined by the carrier, not covered under
other government programs, and for whom the employee is the major
source of financial support or FOR WHOM THE EMPLOYEE is directed
by court order to provide coverage.
SECTION 6. 3565403
(1), Colorado Revised Statutes, is amended to read:
3565403. Office of manager
of the Colorado state fair authority creation.
(1) The office of manager of the Colorado state fair
authority is hereby created. The board shall appoint a manager
of the Colorado state fair authority who shall have knowledge
of livestock, agriculture, horticulture, industry, recreation,
education, and scientific facilities, processes, and products
of the state of Colorado and who shall have experience in fair
management and promotion. The manager shall serve for an indefinite
term and shall not hold any other public office but shall devote
his or her entire time to the service of the state in the discharge
of his or her official duties. The appointment or removal of
the manager shall be subject to the provisions of section 13 of
article XII of the state constitution and the statutes enacted
pursuant thereto. Notwithstanding any law to the contrary, the
office of manager of the Colorado state fair authority shall be
a position in the senior executive service for purposes of section
2450104 (6) (e) SECTION
2450104 (5) (c), C.R.S.
SECTION 70 Repeal. 2450106,
2450107, 2450108, 2450119,
2450120, 2450120.5, 2450143,
and 2450.3104 (8), Colorado Revised Statutes, are
repealed.
SECTION 80 Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
____________________________ ____________________________
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