Colorado Legislative Council Staff

NO FISCAL IMPACT

TITLE:            CONCERNING AUTHORITY OF THE DEPARTMENT OF HUMAN SERVICES TO CONTRACT FOR PROVISION OF SERVICES.

Background

            The proposed legislation relates to a pending lawsuit brought against the Department of Human Services by the Colorado Association of Public Employees (CAPE). CAPE filed the suit in objection to the Division of Youth Corrections’ (DYC) use of contract teachers at its Lookout Mountain Lab School at the Lookout Mountain Youth Services Center. CAPE is contesting DYC’s contracts with teachers from Metropolitan State College of Denver (MSCD). The purpose of the agreement with MSCD, signed in August 1994, was to develop a Laboratory School to serve committed youth placed at Lookout Mountain. CAPE is contesting the contracts with MSCD teachers based on the teachers’ exempt status in the State Personnel System.

Summary of Assessment

            The bill clarifies that in contracting for services, the Department of Human Services may enter into a contract under which services are provided using the contractor’s own staff and equipment. In addition, such contracts or agreements may specify the qualifications that must be met by the contractor’s staff who are providing the agreed to services.

            Section 2 of the bill clarifies that Division of Youth Corrections (DYC), Department of Human Services, has the authority to contract with any institution of higher education, school district, or other provider to provide instruction using teachers employed by the contracting entity. Such persons would not be considered employees of the Department of Human Services.

            The bill clarifies existing practice in the Department of Human Services, Division of Youth Corrections, and is, therefore, assessed as having no fiscal impact.

Departments Contacted

            Human Services