Colorado § 29-33-105 - Enforcement - rules.

§ 29-33-105. Enforcement - rules.

(1) An aggrieved party is barred from filing a claim that alleges that a public employer has violated this article 33 unless the claim is filed within six months after the date on which the aggrieved party knew or reasonably should have known of the alleged violation.

(2) The division shall enforce the rights and obligations of this article 33 and promulgate rules as may be necessary to implement this article 33. The division must consider the unique circumstances of rural counties as defined in section 29-33-103 (1)(b) in assigning remedies during the rulemaking process. The division shall create and administer a process to accept, review, and investigate complaints or other leads concerning a violation that, in the director's good faith discretion and judgment, warrants investigation. The division also may:

(a) Publish guidance on other possible employee redress for those whose claims are not investigated; and

(b) At its discretion, provide alternative dispute resolution consistent with sections 8-3-112 and 8-3-113.

(3) The division has the authority to adjudicate unfair labor practice charges and issue decisions pursuant to article 3 of title 8.

(4) A party may appeal the division's final decision to the Colorado court of appeals and the court's review must be limited to determining whether the division has exceeded its jurisdiction or abused its discretion based on the evidence in the record before the division.

(5) The court of appeals shall uphold the action of the division and take appropriate steps to enforce the action unless the court concludes that the final decision is:

(a) Arbitrary, capricious, or an abuse of discretion; or

(b) Otherwise not in accordance with law.

(6) The division may enforce provisions of this article 33 through the imposition of appropriate administrative remedies, including remedies to address any loss suffered by a public employee or group of public employees from unlawful conduct.

(7) Any funds appropriated to cover the division's costs relating to the enforcement of this article 33 must be from the general fund.

(8) No public employer has the authority to waive any provisions of this article, and any law, rule, or policy that authorizes a waiver is null and void.

Source: L. 2023: Entire article added, (SB 23-111), ch. 393, p. 2352, § 1, effective August 7.

Editor's note: Section 4 of chapter 393 (SB 23-111), provided that subsection (3) is effective July 1, 2024.

ARTICLE 34

Social Media Civility

29-34-101. Bullying, harassment, and intimidation - local elected official - social media - legislative declaration - definitions.