Colorado § 23-5-117 - Governing boards - delegation of personnel power.

§ 23-5-117. Governing boards - delegation of personnel power.

The governing board of any state-supported institution of higher education, including the Auraria higher education center established in article 70 of this title 23, may delegate all or part of its power over personnel matters, including the power to hire or to fire employees exempt from the personnel system, to the chief executive officer of the institution governed by such board. The governing board may authorize the chief executive officer to delegate to other officers of the institution any power so delegated pursuant to this section. The governing board of each state-supported institution of higher education, except the university of Colorado, Colorado state university, the university of northern Colorado, the Colorado school of mines, Fort Lewis college, Adams state university, Colorado Mesa university, Western Colorado university, or Metropolitan state university of Denver, after consultation with faculty representatives chosen by the faculty, shall prepare, enact, promulgate, administer, and maintain in place policies and practices which afford due process procedures for those faculty members exempt from the state personnel system who are terminated, including terminations resulting from reductions in force.

Source: L. 85: Entire section added, p. 767, § 19, effective July 1. L. 87: Entire section amended, p. 851, §2, effective May 1. L. 99: Entire section amended, p. 217, § 1, effective April 5. L. 2003: Entire section amended, p. 794, § 20, effective July 1. L. 2011: Entire section amended, (HB 11-1301), ch. 297, p. 1428, § 24, effective August 10; entire section amended, (SB 11-265), ch. 292, p. 1367, § 21, effective August 10. L. 2012: Entire section amended, (HB 12-1080), ch. 189, p. 759, § 16, effective May 19; entire section amended, (SB 12-148), ch. 125, p. 426, § 12, effective July 1; entire section amended, (HB 12-1331), ch. 254, p. 1271, § 15, effective August 1; entire section amended, (HB 12-1081), ch. 210, p. 902, § 3, effective August 8. L. 2019: Entire section amended, (HB 19-1178), ch. 400, p. 3546, § 14, effective July 1.

Editor's note: (1) Amendments to this section by House Bill 11-1301 and Senate Bill 11-265 were harmonized.

(2) Amendments to this section by House Bill 12-1080, Senate Bill 12-148, House Bill 12-1331, and House Bill 12-1081 were harmonized.

Cross references: For the legislative declaration in the 2011 act amending this section, see section 1 of chapter 292, Session Laws of Colorado 2011. For the legislative declaration in the 2012 act amending this section, see section 1 of chapter 125, Session Laws of Colorado 2012.

ANNOTATION

No impermissible delegation of authority over personnel matters by the state board for community colleges and occupational education when the board ratified and approved reductions in force which involved terminations of faculty members by college presidents. Notice from college presidents of termination due to reduction in force held sufficient since specific requirement that institution provide notice of a reduction in force prevails over general requirement that board give notice of termination. Craddock v. State Bd. for Cmty. Colls., 768 P.2d 716 (Colo. App. 1988) (decided under former § 23-10-102).

Area vocational school is "institution of higher education" and therefore subject to "Higher Education Due Process Act"; teachers employed by vocational school entitled to due process procedures under act regarding termination of teachers' contracts. Burreson v. Boulder Valley Sch. Dist., RE-2J, 764 P.2d 412 (Colo. App. 1988) (decided under former § 23-10-102).