Colorado § 24-34-303 - Civil rights commission - membership.

§ 24-34-303. Civil rights commission - membership.

(1) (a) There is created in the division the Colorado civil rights commission. The commission is a type 1 entity, as defined in section 24-1-105.

(b) (I) The commission consists of seven members appointed by the governor, with the consent of the senate as specified in subsection (1)(b)(IV) of this section, for terms of four years. The governor shall make appointments in such a manner that there are at all times:

(A) Two members of the commission representing the business community, at least one of whom represents small business; except that, upon the expiration of the terms of the members appointed pursuant to this subsection (1)(b)(I)(A) before July 1, 2018, or upon a vacancy in either position, whichever occurs first, one member appointed pursuant to this subsection (1)(b)(I)(A) must be a majority owner of a small business that employs at least five but less than fifty employees and the other member appointed pursuant to this subsection (1)(b)(I)(A) must be a majority owner of a business that employs more than fifty employees, and thereafter the composition of the commission must continue to reflect this change;

(B) Two members of the commission representing state or local government entities; except that, upon the expiration of the terms of office of the members of the commission appointed pursuant to this subsection (1)(b)(I)(B) before July 1, 2018, or upon a vacancy in either position, whichever occurs first, the governor shall appoint to those positions one member representing a statewide chamber of commerce or other statewide organization representing business and industry and one member from or representing employee associations that represent workers in Colorado, and thereafter the composition of the commission must continue to reflect this change; and

(C) Three members of the commission from the community at large; except that, upon the expiration of the term of office of two members appointed pursuant to this subsection (1)(b)(I)(C) before July 1, 2018, or upon a vacancy in a position under this subsection (1)(b)(I)(C), whichever occurs first, the governor shall appoint two members from or representing employee associations that represent workers in Colorado, and thereafter the composition of the commission must continue to reflect this change.

(II) In addition to the qualifications specified in subsection (1)(b)(I) of this section, the membership of the commission must at all times include:

(A) At least four members who are members of groups of people who have been or who might be discriminated against because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, national origin, ancestry, marital status, religion, or age; and

(B) No more than six members affiliated with a major political party and no more than three members affiliated with the same political party. A member must have been registered with the same political party or registered as unaffiliated for at least two years immediately preceding the member's appointment to the commission.

(III) The governor shall make appointments to provide geographical area representation insofar as may be practicable.

(IV) Notwithstanding any other provision of law, if, in accordance with section 6 of article IV of the state constitution, the governor nominates an individual for appointment to the commission and the senate rejects the nomination, the rejected individual is deemed ineligible to hold the office for two years. During that two-year period, the governor shall not nominate the rejected individual and, if the senate is not in session, shall not appoint the rejected individual to temporarily discharge the duties of the commission. For purposes of this subsection (1)(b)(IV), rejection by the senate of the nomination of an individual for appointment to the commission does not preclude the governor from nominating the rejected individual for another opening on the commission that occurs after an individual other than the rejected individual has filled the immediate opening on the commission.

(2) The governor shall fill vacancies on the commission by appointment, with the consent of the senate in accordance with subsection (1)(b)(IV) of this section, and the term of a commissioner appointed to fill a vacancy is for the unexpired part of the term for which the commissioner is appointed.

(3) Any commissioner may be removed from office by the governor for misconduct, incompetence, or neglect of duty.

(4) Commissioners shall receive a per diem allowance and shall be reimbursed for actual and necessary expenses incurred by them while on official commission business, as provided in section 12-20-103 (6).

(5) The commission may adopt, amend, or rescind rules for governing its meetings. Four commissioners shall constitute a quorum for purposes of conducting the business of the commission.

Source: L. 79: Entire part R&RE, p. 923, § 3, effective July 1. L. 81: Entire section amended, p. 1084, § 1, effective May 27. L. 82: Entire section amended, p. 625, § 28, effective April 2. L. 89: Entire section amended, p. 1038, § 2, effective July 1. L. 93: Entire section amended, p. 1656, § 60, effective July 1. L. 2008: Entire section amended, p. 1593, § 3, effective May 29. L. 2018: (1) and (2) amended, (HB 18-1256), ch. 229, p. 1442, § 4, effective July 1. L. 2019: (4) amended, (HB 19-1172), ch. 136, p. 1692, § 130, effective October 1. L. 2021: IP(1)(b)(II) and (1)(b)(II)(A) amended, (HB 21-1108), ch. 156, p. 884, § 3, effective September 7. L. 2022: (1)(a) amended, (SB 22-162), ch. 469, p. 3398, § 140, effective August 10.

Cross references: (1) For the legislative declaration contained in the 2008 act amending this section, see section 1 of chapter 341, Session Laws of Colorado 2008.

(2) For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.

(3) For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

ANNOTATION

Anti-discrimination provisions were enacted for beneficent purpose and should be liberally construed in favor of the legal remedies which they provide. Under such a rule of construction, however, the courts cannot confer a power upon the civil rights commission which was denied it by the general assembly. State ex rel. Colo. Civil Rights Comm'n v. Adolph Coors Corp., 29 Colo. App. 240, 486 P.2d 43 (1971).