Colorado § 24-50-114 - Temporary appointments - term - tenure.

§ 24-50-114. Temporary appointments - term - tenure.

(1) Pending the availability of an eligible list determined by the state personnel director to be appropriate for a class, the appointing authority, with the prior approval of the state personnel director, may fill a vacancy for a permanent position by temporary appointment of a qualified, certified employee in accordance with the promotional policy established by the board. In the absence of such an eligible employee, temporary appointments of qualified persons may be made from without the state personnel system. A temporary appointment shall not exceed nine months in length, except for personal services contracts as permitted by part 5 of this article. An appointing authority must wait at least four months between temporary appointments for the same position that are made pursuant to this subsection (1). If the vacancy is for a permanent position, an eligible list shall be established within the nine-month period following the temporary appointment.

(2) The state personnel director may, by rule, authorize principal department heads and presidents of colleges and universities to employ persons from outside the state personnel system on a temporary basis while an eligible list is being provided or in emergency or seasonable situations nonpermanent in nature, but in each case the period of employment shall not exceed nine months, except for personal services contracts as permitted by part 5 of this article.

(3) Temporary appointees from outside the state personnel system shall have none of the protection of tenure afforded by this part 1 to certified employees.

(4) In case of emergency threatening the public health, welfare, or safety, a temporary appointment may be made without prior approval of the state personnel director, but such appointment may not continue without such approval for more than fifteen days.

(5) Except as provided in subsection (4) of this section, the prior approval of all temporary appointments to permanent positions shall be obtained from the state personnel director before such temporary appointments are made. The director may not delegate the authority to approve such temporary appointments. If any such appointment is made before the prior approval of the director is obtained, the appointment shall be considered void from the beginning and the person appointed to such position shall be immediately terminated.

Source: L. 72: R&RE, p. 171, § 1. C.R.S. 1963: § 26-1-14. L. 79: (5) added, p. 947, § 1, effective July 1. L. 81: (2) R&RE, p. 1201, § 14, effective July 1. L. 93: (2) amended, p. 18, § 1, effective March 4. L. 99: (1) and (2) amended, p. 170, § 2, effective August 4. L. 2012: (1) and (2) amended, (HB 12-1321), ch. 260, p. 1350, § 10, effective January 1, 2013 (see editor's note).

Editor's note: Section 14 of chapter 260, Session Laws of Colorado 2012, provides that amendments to subsections (1) and (2) are effective upon proclamation of the vote by the governor only if House Concurrent Resolution 12-1001 is passed by a vote of the people at the next general election. That resolution was approved by a vote of the registered electors of Colorado on November 6, 2012. Amendments to subsections (1) and (2) were effective upon the proclamation of the Governor, January 1, 2013. The vote count for the measure was as follows:

YES: 1,276,432

NO: 988,542

Cross references: In 2012, subsections (1) and (2) were amended by the "Modernization of the State Personnel System Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 260, Session Laws of Colorado 2012.

ANNOTATION

Subsection (2), which provides for temporary appointments in its entirety, is constitutional. Temporary appointment for a period of time exceeding six months was not unconstitutional under Colo. Const. art. XII, §§ 13 (7) and 13 (9). Neoplan USA Corp. v. Indus. Claim Appeals Office, 778 P.2d 312 (Colo. App. 1989).

Constitutionality. Subsection (2) is unconstitutional to the extent the statute purports to authorize temporary appointments for periods longer than the six calendar months permitted under § 13 (9) of art. XII, Colo. Const. Colorado Ass'n of Pub. Employees v. Lamm, 677 P.2d 1350 (Colo. 1984).

Subsection (5) does not apply in case in which hearing officer was appointed on a temporary basis to fill a temporary need and was not appointed to a position which was to be permanent. Neoplan USA Corp. v. Indus. Claim Appeals Office, 778 P.2d 312 (Colo. App. 1989).

Temporary employee has no right to a hearing or to hold his position "during efficient service". Such rights are given only to those appointed according to merit and fitness as ascertained by a competitive examination. Wilson v. People ex rel. Cochrane, 71 Colo. 456, 208 P. 479 (1922).

Temporary appointment ceases upon certification of permanent appointee. A temporary appointment to office under the state personnel system ceases on the date upon which the board certifies to the appointing power a person for permanent appointment upon completion of an eligible list. Roberts v. People ex rel. Duncan, 81 Colo. 338, 255 P. 461 (1927).