Colorado § 8-83-205 - Work force development program - creation - administration - merit system - Wagner-Peyser funded employment services.

§ 8-83-205. Work force development program - creation - administration - merit system - Wagner-Peyser funded employment services.

(1) Under authority of the governor, the department shall cooperate with the state council to help establish and operate a network of work force development areas as set forth in this part 2.

(2) Work force development areas may be established at a local government level or at a multi-government level through intergovernmental agreements reached by the applicable local elected officials of the work force development area and subject to approval by the governor.

(3) Local elected officials shall govern the operation of local work force development areas with policy guidance from work force boards appointed by the local elected officials. At the option of the local elected officials and the work force board, work force development programs may be operated by a county, the department, other governmental agencies, nonprofit or not-for-profit organizations, or private entities; except that Wagner-Peyser funds shall not be used to award contracts to nonprofit or not-for-profit organizations or private entities. Beginning July 1, 2017, the one-stop operator must be selected in accordance with the federal act and local policy in the work force development area. An entity that applies to become a one-stop operator and is not selected may appeal the decision through any available appeal process of the applicable local governmental entity.

(3.5) If no qualified one-stop operator responds to the procurement process in a local work force development area, the local elected officials for that area may designate the one-stop operator.

(4) If federal or state financial support for the provision of employment and training services is eliminated or is reduced by an amount that is considered substantial by the local elected officials, the local elected officials are not required to continue funding or operating work force development programs.

(5) The state council shall ensure that a local work force development area may function as a federally designated work force development area in applying for available national program grants under the federal act. Each work force board may apply for a grant for its own area in the manner it deems most appropriate. A work force board may apply for a grant for its own area and receive any corresponding money awarded exclusively or may apply through other means and with other work force areas. Any grant money awarded to a work force development area is a direct pass-through from the federal government to the applicable work force development area.

(6) A local work force development area created pursuant to this part 2 is authorized to operate with the same authority and functions as if the area were a federally designated work force development area.

(7) A data system that is used to administer a program pursuant to this article 83 must not link or collect data systems maintained by education entities serving children under eighteen years of age.

(8) (a) (I) A county that is seeking to use county employees to deliver employment services funded by Wagner-Peyser funds shall:

(A) Create a merit system for the selection, retention, and promotion of county employees who provide those services; or

(B) If the county already has a system in place, update the county's current system to comply with this subsection (8).

(II) The merit system must comply with federal laws, regulations, and standards for a merit system of personnel administration for employees authorized under the federal "Intergovernmental Personnel Act of 1970", 42 U.S.C. sec. 4701 et seq. Each county shall certify to the department that the merit system of personnel administration used by the county is in compliance with federal standards and that the employees paid by Wagner-Peyser funds act as an extension of the state in delivering employment services.

(b) Each county shall ensure that its merit system:

(I) Requires the county to recruit, select, and advance employees on the basis of the applicant's or employee's relative abilities, knowledge, and skills, including during the recruitment and selection of qualified applicants for initial appointments to positions with the county;

(II) Compensates each employee equitably and adequately;

(III) Requires the county to train employees as needed to assure high quality performance;

(IV) Requires the county to:

(A) Retain an employee on the basis of the adequacy of the employee's performance;

(B) Correct an employee's inadequate performance; and

(C) Separate an employee from employment when an employee's inadequate performance cannot be corrected;

(V) Requires the fair treatment of applicants and employees, including compliance with all federal and state equal opportunity and nondiscrimination laws, in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, religious creed, age, or disability and with proper regard for the privacy and constitutional rights of the applicants and employees as citizens; and

(VI) Protects each employee against coercion for partisan political purposes and prohibits each employee from using the employee's official authority for the purpose of interfering with or affecting the results of an election or a nomination for office.

Source: L. 2012: Entire article added with relocations, (HB 12-1120), ch. 27, p. 83, § 6, effective June 1. L. 2016: Entire section amended, (HB 16-1302), ch. 183, p. 630, § 7, effective May 19. L. 2023: (8) added, (SB 23-233), ch. 80, p. 286, § 1, effective August 7.

Editor's note: This section is similar to former § 8-71-205 as it existed prior to 2012.