CO Code § 24-50-103 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-103. State Personnel Board

  The state personnel board, referred to in this article as the "board", is created pursuant to the provisions of section 14 of article XII of the state constitution. The board consists of five members to be selected in the manner provided in the state constitution and this section.    The board shall exercise its powers and perform its duties and functions under the department of personnel and the state personnel director as if the same were transferred to the department by a type 1 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of this title.      In the year 2015 and every third year thereafter and in the year 2016 and every third year thereafter, an election shall be held for a member of the board in the manner provided in this subsection (3). (3) (a) In the year 2015 and every third year thereafter and in the year 2016 and every third year thereafter, an election shall be held for a member of the board in the manner provided in this subsection (3).    The elected members of the board shall be elected by persons certified to classes and positions in the state personnel system in accordance with rules promulgated by the board, in consultation with the secretary of state and pursuant to section 24-4-103; except that the ballots for such elections shall be distributed to each employee qualified to vote with any payroll or other type of distribution otherwise made to said employees. However, such distribution shall be no later than fifteen days before the ballots are to be submitted by the voters.      The election of any person declared duly elected to the position of a member of the board may be contested: (c) (I) The election of any person declared duly elected to the position of a member of the board may be contested:   When the candidate is not eligible to be a member of the board;    When illegal votes have been received or legal votes rejected at the time of the election in sufficient numbers to change the outcome of the election;    For any error or mistake on the part of the board administrator in conducting, counting, or declaring the result of the election, if such error or mistake would be sufficient to change the outcome of the election;    For misconduct, fraud, or corruption on the part of the board administrator, if such misconduct, fraud, or corruption would be sufficient to change the outcome of the election;    For any other cause which shows that another individual was the legally elected board member.       Notwithstanding the provisions of section 24-50-125.4 (3), an action to contest an election under this subsection (3) shall be brought pursuant to rule 106 (a)(3) of the Colorado rules of civil procedure; except that the action shall be brought only in the Denver district court and only after the contesting party has complied with the rules of the board concerning prior notice and opportunity to cure, and the provisions of rule 106 concerning district attorneys shall not apply to this subsection (3).       The general assembly shall appropriate to the board sufficient funds to carry out the provisions of this subsection (3).       A vacancy in office shall be filled in the manner used for the selection of the person vacating the office and for the unexpired term. Elected member vacancies shall be filled within three months after the date of the vacancy, and, in the event of a vacancy for an elected member position, the governor shall request a supplemental appropriation in an amount sufficient to conduct the election, and the general assembly shall appropriate such amount for that purpose.    A member of the board may be removed in accordance with section 14 (2) of article XII of the state constitution.    An action of the state personnel director or an appointing authority which is appealable to the board pursuant to this article or the state constitution may be reversed or modified on appeal to the board only if at least three members of the board find the action to have been arbitrary, capricious, or contrary to rule or law. Unless otherwise limited by this article or the state constitution, a decision of the board shall be subject to review pursuant to section 24-50-125.4.    The board may authorize administrative law judges, who shall be lawyers with at least five years' experience, to conduct hearings on any matter within the jurisdiction of the board upon terms and conditions determined by the board and subject to the provisions of article 4 of this title. The board shall employ such personnel as may be necessary for the performance of its duties, including an administrator who shall serve as secretary to the board. The administrator shall maintain full records of the proceedings of the board and shall be responsible for any other duties as the board may assign. Funds for these purposes shall be appropriated by the general assembly.    Members of the board shall be compensated at the rate of seventy-five dollars per day for each day in which they are actually engaged in the performance of their duties plus reimbursement for actual and necessary expenses incurred in the performance of their duties. The board shall meet as often as necessary to conduct its business. The board shall elect a chairman and a vice-chairman, one of whom shall be a gubernatorial appointee, from among its members. Meetings shall be called by the chairman or a majority of the board. All members of the board shall be given reasonable notice of all meetings, and three members of the board shall constitute a quorum for the transaction of business. The affirmative vote of at least three members of the board shall be necessary to reverse or modify any action of the state personnel director or appointing authority.    The board and any political subdivision of the state may contract for the furnishing of personnel services by the department of personnel to such subdivision.     Source: L. 72: R&RE, p. 159, § 1. C.R.S. 1963: § 26-1-3. L. 76: (7) amended, p. 586, § 22, effective May 24. L. 77: (7) amended, p. 1220, § 1, effective August 2. L. 78: (7) amended, p. 268, § 75, effective May 23. L. 81: (6) R&RE, p. 1196, § 3, effective July 1. L. 84: (5) to (8) amended, p. 705, § 2, effective July 1. L. 89: (3)(b) and (3)(c) R&RE and (3)(d) amended, pp. 1060, 1061, §§ 1, 2, effective July 1. L. 94: (7) amended, p. 92, § 1, effective March 15. L. 2005: (7) amended, p. 633, § 1, effective May 27. L. 2010: (7) amended, (HB 10-1181), ch. 351, p. 1623, § 11, effective June 7. L. 2012: (1), (3)(a), and (5) amended, (HB 12-1321), ch. 260, p. 1341, § 5, 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), (3)(a), and (5) 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. Subsections (1), (3)(a), and (5) 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), (3)(a), and (5) 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   Annotator's note. Relevant cases decided under law in effect prior to 1963 have been included in the annotations to this section.   State personnel board and the state department of personnel are distinct entities with separate powers and responsibilities. Spahn v. Dept. of Personnel, 44 Colo. App. 446, 615 P.2d 66 (1980).   Board reviews actions of department head. The state department of personnel does not oversee the state personnel board's activities. Rather, the board reviews the actions of the head of the personnel department. Spahn v. Dept. of Personnel, 44 Colo. App. 446, 615 P.2d 66 (1980).   <b> State personnel board did not have authority to review a nonemployee's claim that the Colorado state patrol acted arbitrarily or capriciously in declining to reinstate the nonemployee. </b> The board has the express authority pursuant to <cite class="occo"><a href="gov.co.crs.title.24.html#t24-statepersonnelsystemandstateemployees-ar50-s24-50-125.3" target="_self">§ 24-50-125.3</a></cite> to review nonemployee claims based on discrimination in the employee selection process. The state personnel director has the express authority pursuant to <cite class="occo"><a href="gov.co.crs.title.24.html#t24-statepersonnelsystemandstateemployees-ar50-s24-50-112.5" target="_self">§ 24-50-112.5</a></cite> to review a nonemployee's claim that an appointing authority acted in an arbitrary or capricious manner. One cannot infer that the general assembly intended to implicitly provide the board with the same authority that is expressly provided to the director. Williams v. Dept. of Pub. Safety,2015 COA 180, 369 P.3d 760.   Terms of office of board members begin when statutory amendment becomes effective. The office of state personnel board members created by a statutory amendment exists from and after the time the amendment goes into effect, and the term of office of the board members begins when the office begins. People ex rel. Quereau v. Hamrock, 74Colo. 411, 222 P. 391 (1924).   State personnel board is given a great deal of discretion when dealing with employees subject to its jurisdiction. Spickard v. Civil Serv. Comm'n, 31 Colo. App. 450, 505 P.2d 32 (1972).   A large discretion as to the method of testing applicants for positions in the personnel system is vested in the board. The courts will not interfere with the exercise of that discretion except in the clearest cases of abuse. Hewitt v. Civil Serv. Comm'n, 114Colo. 561, 167 P.2d 961 (1946).   Whether board examination is promotional or open is matter within board's discretion. Hewitt v. Civil Serv. Comm'n, 114Colo. 561, 167 P.2d 961 (1946).   Rules and regulations of state personnel board may not be applied retroactively. Reeb v. Civil Serv. Comm'n, 31 Colo. App. 488, 503 P.2d 629 (1972).   The board may pass regulatory rules, such as one that a person separated from a position by the abolition of the position shall be entered on a preferred list of eligibles, and also a rule providing for the expiration of the eligible list. Wood v. Civil Serv. Comm'n, 113Colo. 135, 155 P.2d 153 (1945).   The board is authorized to rule on tenure of provisional appointees. The board is authorized to make rules to carry out the purposes of the personnel system, and this includes the right to make rules with reference to the tenure of provisional appointees. Wilson v. People ex rel. Cochrane, 71Colo. 456, 208 P. 479 (1922); Roberts v. People ex rel. Duncan, 81Colo. 338, 255 P. 461 (1927).   Board is subject to open meetings law. Lanes v. State Auditor's Office, 797 P.2d 764 (Colo. App. 1990).   Applied in Bernstein v. Livingston, 633 P.2d 519 (Colo. App. 1981).