Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING STATE EMPLOYEE PERFORMANCE.

Summary of Assessment

            The bill provides statutory clarification of the Department of Personnel’s authority to 1) establish, by rule, a process to resolve employee disputes related to performance evaluations that do not result in corrective or disciplinary action against the employee; 2) establish more than one grievance procedure; and 3) define matters that are not subject to grievance procedures. The bill also authorizes the state personnel director to allow each agency to establish a plan to implement the performance management, evaluation, and reward system. Each authorized plan would be subject to the state personnel director’s approval.

            During the annual rules review process, the Committee on Legal Services recommended the repeal of the current rule governing the grievance process, a process that includes the provisions identified above. That ruling was based on the committee’s determination that the department did not have the statutory authority to have promulgated the grievance-related rules identified above. Absent the provisions of the bill, the department reports that all personnel matters could be grieved to the State Personnel Board, which would result in a substantial increase in the cost of administering the state’s personnel system.

            The bill provides the statutory basis for the promulgation of rules that will permit the continuation of existing practice. The current resources required by any state or local government agency are not affected by the bill. Therefore, the bill is assessed as having no fiscal impact.

Departments Contacted

            Personnel