Colorado § 24-50-128 - Certification required before salary paid.

§ 24-50-128. Certification required before salary paid.

(1) No salary shall be paid to any officer or employee of the state within the state personnel system as provided by the constitution unless the state personnel director has certified that the employment is in accordance with this part 1.

(2) and (3) Repealed.

Source: L. 72: R&RE, p. 174, § 1. C.R.S. 1963: § 26-1-28. L. 79: (3) added, p. 947, § 2, effective July 1. L. 93: (2) and (3) repealed, p. 286, § 2, effective April 7.

ANNOTATION

This section is not in conflict with the constitution. Neoplan USA Corp. v. Indus. Claim Appeals Office, 778 P.2d 312 (Colo. App. 1989).

Contracts with private sector vendors for services pursuant to this section violate § 24-50-125 which sets forth the state personnel system structure created by § 13 of article XII of the state constitution, including provision for terminating positions historically performed by state employees. Colo. Ass'n of Pub. Emp. v. DOH, 809 P.2d 988 (Colo. 1991).

This section does not authorize executive agencies to enter into personal service contracts that provide for the performance of services historically provided by state personnel system employees. Absent statutory or regulatory standards governing the propriety of such contracts, executive agencies are prohibited from so contracting. Colo. Ass'n of Pub. Emp. v. DOH, 809 P.2d 988 (Colo. 1991).

Prospective employee must be both "appointed" and "certified" before he can be placed on the payroll of the state. It is not possible to apply contract law to the relationship which exists between one on an eligible list as a prospective employee and the state as the prospective employer unless such individual can qualify as an independent contractor. Meredith v. Smith, 166 Colo. 256, 443 P.2d 975 (1968).

Only the state personnel director has power to certify officer or employee. Meredith v. Smith, 166 Colo. 256, 443 P.2d 975 (1968).

Superintendent of state hospital without power to certify. The superintendent of a state hospital, as the appointing authority, can appoint a person to the job he seeks, but he can not "certify" the appointment of the person to fill the vacancy or pay him for services not rendered. Meredith v. Smith, 166 Colo. 256, 443 P.2d 975 (1968).

Certification as employee cannot entitle person to dictate employment location, terms, and conditions, particularly where the employee accepts a position with full knowledge of the existing and applicable terms and conditions, which are not manifestly unreasonable. Eligibility for employment as a servant of the state does not include such prerogatives or impose on the hiring authority the obligation to meet the whim or caprice of one who desires employment with the state. Kenny v. Civil Serv. Comm'n, 141 Colo. 422, 348 P.2d 367 (1960).

State university public safety officers found to have standing to challenge personal services contract between state university and private security firm but state university public safety administrator found not to have standing. Tising v. State Pers. Bd., 825 P.2d 1011 (Colo. App. 1991).

Applied in Univ. of So. Colo. v. State Pers. Bd., 759 P.2d 865 (Colo. App. 1988).