Colorado § 24-50-101 - Short title - legislative declaration - terminology.

§ 24-50-101. Short title - legislative declaration - terminology.

(1) This article shall be known and may be cited as the "State Personnel System Act". It is the purpose of this article and the personnel rules adopted pursuant to this article to provide a sound, comprehensive, and uniform system of personnel management and administration for the employees within the state personnel system as defined by the constitution of the state of Colorado and laws enacted pursuant thereto, including all employees of the state colleges and universities not otherwise exempted by law.

(2) Whenever, in any law of this state relating to state employees, reference is made to the civil service, the state civil service, or the classified service, such terms shall be deemed to refer to the state personnel system. Whenever reference is made to the civil service commission in any law of this state relating to the administration of the state personnel system, such term shall be deemed to refer to the state personnel director. Whenever reference is made to the civil service commission in any law of this state relating to rule-making powers, administrative appeals, or any power vested by the state constitution in the state personnel board, such term shall be deemed to refer to the state personnel board.

(3) (a) It is the purpose of the state personnel system, as a merit system, to assure that a qualified and competent work force is serving the residents of Colorado and that any person has an equal opportunity to apply and compete for state employment. Recruitment shall be from appropriate sources.

(b) It is the duty of the state personnel board to provide fair and timely resolution of cases before it.

(c) It is the duty of the state personnel director to establish the general criteria for adherence to the merit principles and for fair treatment of individuals within the state personnel system. It is the responsibility of the state personnel director to provide leadership in the areas of policy and operation of the state personnel system as well as to provide consultant services to executive branch agencies and institutions of higher education to further their professional management of human resources in state government. The state personnel director, pursuant to the "State Administrative Procedure Act", article 4 of this title, shall provide necessary directives and oversight for the management of the state personnel system and in the discharge of his constitutional duty to administer the state personnel system.

(d) The heads of principal departments and presidents of colleges and universities shall be responsible and accountable for the actual operation and management of the state personnel system for their respective departments, colleges, or universities. Such operation and management shall be in accordance with rules and directives of the state personnel director who may conduct a review of such operation and management. Presidents of colleges and universities shall be the appointing authorities for employees of their respective institutions. The appointing authority for a principal department is specified in section 13 (7) of article XII of the state constitution.

(e) The state personnel director shall establish and administer an affirmative action program, including annual documentation by appointing authorities listing methods of remedying, within a time period established by the director, the underutilization of persons covered by part 4 of article 34 of this title.

(4) It is also the policy of the state to base employee advancement and compensation on demonstrated ability and quality of performance in order to encourage and achieve high levels of performance and productivity by state employees.

Source: L. 72: R&RE, p. 158, § 1. C.R.S. 1963: § 26-1-1. L. 81: (1) amended and (3) and (4) added, p. 1195, § 1, effective July 1. L. 84: (3)(b) and (3)(c) amended and (3)(e) added, p. 704, § 1, effective July 1. L. 2001: (3)(a) amended, p. 45, § 1, effective August 8. L. 2010: (3)(d) amended, (HB 10-1181), ch. 351, p. 1623, § 10, effective June 7.

ANNOTATION

Law reviews. For note, "Colorado's Ombudsman Office", see 45 Den. L.J. 93 (1968).

Constitutionality under § 13(1) of art. XII, Colo. Const. Subsection (3)(a) elaborates the constitutional requirement that employment decisions be based on merit and fitness as established by competitive tests and as such cleaves to the constitutional standard for state employee selection. Colo. Ass'n of Pub. Employees v. Lamm, 677 P.2d 1350 (Colo. 1984).

Constitutionality under § 14 of art. XII, Colo. Const. The statutory scheme enacted in subsections (3)(c) and (d) is consistent with § 14 of art. XII, Colo. Const. Colo. Ass'n of Pub. Employees v. Lamm, 677 P.2d 1350 (Colo. 1984) (decided prior to 1984 amendment to subsection (3)(c)).

Purpose of a state personnel system is to obtain the person most fit for a position through a competitive and impartial method. Spickard v. Civil Serv. Comm'n, 31 Colo. App. 450, 505 P. 2d 32 (1972).

The state personnel system provisions are to be liberally construed to enforce their ostensible purpose, which is to promote the efficiency of the state personnel system, by employing only persons who, by examination, have shown qualifications for positions therein. Shinn v. People ex rel. Rush, 59 Colo. 509, 149 P. 623 (1915); Roberts v. People ex rel. Duncan, 81 Colo. 338, 255 P. 461 (1927).

For purposes of subsection (3)(d), the secretary of state is responsible and accountable for the overall management of the secretary of state's office; however, that does not necessarily mean that the secretary can be held personally responsible under ethical standards for every activity of each individual employee. Colo. Ethics Watch v. Coffman, Indep. Ethics Comm'n 08-01.