Colorado § 22-2-104 - Offices and positions - nature.
Full text of Colorado Colorado Revised Statutes § 22-2-104 — Offices and positions - nature., with citation guidance and answers to common questions.
§ 22-2-104. Offices and positions - nature.
(1) As a matter of legislative determination, the offices of commissioner of education, assistant commissioners of education, and all positions of employment classified by the board as director, consultant, supervisor, or instructor are declared to be educational in nature and administrators of the department and not under the state personnel system in accordance with section 13 (2)(a)(VII) of article XII of the state constitution. The board may authorize the commissioner, as its designee, to classify positions of employment pursuant to this section.
(2) Any employee holding a position that was exempt from the state personnel system prior to January 1, 2017, may remain exempt from the state personnel system so long as the employee continues to hold that position.
(3) The board or the commissioner, as the designee of the board, shall determine which positions in the department meet the criteria set forth in subsection (1) of this section; except that a position shall not be determined to be exempt while it is held by an employee in the state personnel system.
(4) No later than December 31, 2017, and no later than December 31 of each year thereafter, the commissioner shall submit a report to the state personnel director, in the form prescribed by the director, listing all positions in the department that are exempt from the state personnel system in accordance with this section.
Source: L. 64: R&RE, p. 529, § 1. C.R.S. 1963: § 123-1-4. L. 2017: Entire section amended, (HB 17-1359), ch. 295, p. 1625, § 1, effective June 2.
Cross references: For exemption of the commissioner from state personnel system, see § 1 of article IX of the state constitution; for exemption of faculty and administrators in educational institutions and departments not reformatory or charitable in character, see § 13 (2) of article XII of the state constitution.
ANNOTATION
This section is constitutional under § 13 of art. XII, Colo. Const. Bd. of Educ. v. Spurlin, 141 Colo. 508, 349 P.2d 357 (1960) (decided prior to the amendment of § 13 of art. XII, Colo. Const., to include educational "departments" and "administrators").
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 22-2-104
What does Colorado Revised Statutes § 22-2-104 cover?
Section 22-2-104 ("Offices and positions - nature.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 22-2-104?
A common citation format is "Colorado Revised Statutes § 22-2-104" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 22-2-104 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.