Co. Const. art. XII, § 13 — Article XII / Section 13
CO Const., Article XII, Section 13
Status: in_force

State personnel system - merit system. (1) Appointments and promotions to offices and employments in the state personnel system shall be made according to merit and fitness, to be ascertained by a comparative analysis of candidates based on objective criteria without regard to race, creed, color, or political affiliation. A numerical or nonnumerical method may be used for the comparative analysis of candidates. (2) (a) The state personnel system shall comprise all appointive public officers and employees of the state, except the following: (I) Members of the public utilities commission, the industrial commission of Colorado, the state board of land commissioners, the Colorado tax commission, the state parole board, and the state personnel board; (II) Members of any board or commission serving without compensation except for per diem allowances provided by law and reimbursement of expenses; (III) The employees in the offices of the governor and the lieutenant governor whose functions are confined to such offices and whose duties are concerned only with the administration thereof; (IV) Appointees to fill vacancies in elective offices; (V) One deputy of each elective officer other than the governor and lieutenant governor specified in section 1 of article IV of this constitution; (VI) Officers otherwise specified in this constitution; (VII) Faculty members of educational institutions and departments not reformatory or charitable in character, and such administrators thereof as may be exempt by law; ​ (VIII) Students and inmates in state educational or other institutions employed therein; (IX) Attorneys at law serving as assistant attorneys general; (X) Members, officers, and employees of the legislative and judicial departments of the state, unless otherwise specifically provided in this constitution; (XI) Subject to the approval of the state personnel director, the following persons from each principal department: Deputy department heads, chief financial officers, public information officers, legislative liaisons, human resource directors, and executive assistants to the department heads; and (XII) Subject to the approval of the state personnel director, senior executive service employees. (b) The total number of employees exempted from the state personnel system pursuant to subparagraphs (XI) and (XII) of paragraph (a) of this subsection (2) shall not exceed an amount equal to one percent of the total number of persons in the state personnel system. (3) Officers and employees within the judicial department, other than judges and justices, may be included within the personnel system of the state upon determination by the supreme court, sitting en banc, that such would be in the best interests of the state. (4) Where authorized by law, any political subdivision of this state may contract with the state personnel board for personnel services. (5) The person to be appointed to any position under the state personnel system shall be one of the six persons ranking highest on the eligible list for such position, or such lesser number as qualify, as determined from the comparative analysis process, subject to limitations set forth in rules of the state personnel board applicable to multiple appointments from any such list. (6) (a) Except as set forth in paragraph (b) of this subsection (6), all appointees shall reside in the state, but applications need not be limited to residents of the state as to those positions the state personnel board or the state personnel director determines cannot be readily filled from among residents of this state. (b) If a position is for work that is to be performed primarily at a location that is within thirty miles of the state border: (I) Applications for the position are not limited to residents of the state; and (II) An appointee to the position is not required to be a resident of the state. (7) The head of each principal department shall be the appointing authority for the employees of his office and for heads of divisions, within the personnel system, ranking next below the head of such department. Heads of such divisions shall be the appointing authorities for all positions in the personnel system within their respective divisions. Nothing in this subsection shall be construed to affect the supreme executive powers of the governor prescribed in section 2 of article IV of this constitution. (8) Persons in the personnel system of the state shall hold their respective positions during efficient service or until reaching retirement age, as provided by law. They shall be graded and compensated according to standards of efficient service which shall be the same for all persons having like duties. A person certified to any class or position in the personnel system may be dismissed, suspended, or otherwise disciplined by the appointing authority upon written findings of failure to comply with standards of efficient service or competence, or for willful misconduct, willful failure or inability to perform his duties, or final conviction of a felony or any other offense which involves moral turpitude, or written charges thereof may be filed by any person with the appointing authority, which shall be promptly determined. Any action of the ​ appointing authority taken under this subsection shall be subject to appeal to the state personnel board, with the right to be heard thereby in person or by counsel, or both. (9) (a) The state personnel director may authorize the temporary employment of persons, not to exceed nine months, during which time an eligible list shall be provided for permanent positions. No other temporary or emergency employment shall be permitted under the state personnel system. (b) Nothing in paragraph (a) of this subsection (9) shall be construed as permitting the appointment of a temporary employee for the purpose of eliminating a permanent position from the state personnel system. (10) The state personnel board shall establish probationary periods for all persons initially appointed, but not to exceed twelve months for any class or position. After satisfactory completion of any such period, the person shall be certified to such class or position within the personnel system, but unsatisfactory performance shall be grounds for dismissal by the appointing authority during such period without right of appeal. (11) Persons certified to classes and positions under the classified civil service of the state immediately prior to July 1, 1971, persons having served for six months or more as provisional or acting provisional employees in such positions immediately prior to such date, and all persons having served six months or more in positions not within the classified civil service immediately prior to such date but included in the personnel system by this section, shall be certified to comparable positions, and grades and classifications, under the personnel system, and shall not be subject to probationary periods of employment. All other persons in positions under the personnel system shall be subject to the provisions of this section concerning initial appointment on or after such date. Source: Initiated 18: Entire section added, see L. 19, p. 341. L. 69: Entire section R&RE, p. 1252, effective July 1, 1971. L. 2012: (1), (2), (5), (6), and (9) amended, p. 2323, effective upon proclamation of the Governor, L. 2013, p. 3303, January 1, 2013. Editor's note: The "Colorado tax commission", referred to in subsection (2) of this section, on and after July 1, 1971, is known as the "board of assessment appeals".