CO Code § 24-31-302 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 31 - Department of Law|Part 3 - Peace Officers Standards and Training|§ 24-31-302. Creation of Board

  There is hereby created, within the department of law, the peace officers standards and training board, referred to in this part 3 as the "P.O.S.T. board".    The P.O.S.T. board shall exercise its powers and perform its duties and functions under the department of law as if transferred to the department by a type 2 transfer, as such transfer is defined in the "Administrative Organization Act of 1968", article 1 of this title.    The P.O.S.T. board shall consist of twenty-four members. The chairperson of the P.O.S.T. board shall be the attorney general, and the board shall annually elect from its members a vice-chairperson. The other members shall be the special agent in charge of the Denver division of the federal bureau of investigation, the executive director of the department of public safety, one local government representative, six active chiefs of police from municipalities of this state or state institutions of higher education, six active sheriffs from counties of this state, three active peace officers with a rank of sergeant or below, and five non-law enforcement members. The non-law enforcement members shall complete a citizens' law enforcement academy prior to appointment or within one year after appointment. The governor shall appoint the chiefs of police, sheriffs, peace officers, the lay members, and the local government representative as members of the board for terms of three years per appointment. If any chief of police, sheriff, peace officer, lay member, or local government representative vacates such office during the term for which appointed to the P.O.S.T. board, a vacancy on the board shall exist. Any vacancy shall be filled by appointment by the governor for the unexpired term. In order to create a diversified board, the governor shall consider an applicant's age, gender, race, professional experience, and geographic location when making appointments to the board. In order to create diversified subject matter expertise committees, the chair of the P.O.S.T. board shall consider an applicant's age, gender, race, professional experience, and geographic location when making appointments to the committees.    The members of the P.O.S.T. board shall receive no compensation for their services but may be reimbursed for actual and necessary expenses incurred in the performance of their official duties.     Source: L. 92: Entire part added, p. 1093, § 3, effective March 6. L. 94: (1) and (3) amended and (4) added, p. 1727, § 4, effective May 31. L. 2003: (3) amended, p. 1715, § 1, effective May 14. L. 2008: (3) amended, p. 89, § 12, effective March 18. L. 2015: (3) amended, (HB 15-1287), ch. 213, p. 777, § 1, effective May 20.   ANNOTATION   Denver deputy sheriffs are peace officers within definition of "peace officer, level I", in § 18-1-901. Fraternal Order, No. 27 v. Denver, 914 P.2d 483 (Colo. App. 1995).   For purposes of the reference to § 18-1-901(3)(l)(I) made in subsection (5) of this section, the certification requirement does not constitute a part of that definition. Fraternal Order, No. 27 v. Denver, 914 P.2d 483 (Colo. App. 1995).   Because the constitution grants Denver the power to control the qualifications, as well as the powers, duties, and terms or tenure, of its deputy sheriffs, it necessarily follows that the P.O.S.T. Act is in conflict with the constitution to the extent that it purports to require Denver deputy sheriffs to be certified by the P.O.S.T. board. Fraternal Order, No. 27 v. Denver, 914 P.2d 483 (Colo. App. 1995).