reglab/housing_qa huggingface dataset:
CO Code § 24-50-102 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-102. Department of Personnel - State Personnel Director

  Pursuant to section 14 of article XII of the state constitution, there is hereby created the department of personnel, the head of which shall be the state personnel director, who shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The state personnel director shall be qualified by education and experience in the field of public or private personnel administration or industrial relations and shall be of known sympathy with the merit principle.    Subject to the provisions of the state constitution, the state personnel director shall have those powers, duties, and functions prescribed for heads of principal departments in the "Administrative Organization Act of 1968". Any assistants and employees of the department shall be appointed pursuant to the provisions of section 13 of article XII of the state constitution.    The state personnel director shall prepare and transmit annually, in the form and manner prescribed by the heads of the principal departments pursuant to the provisions of section 24-1-136, a report accounting to the governor for the efficient discharge of all responsibilities assigned by law or directive to the department of personnel.    Publications by the state personnel director circulated in quantity outside the executive branch shall be issued in accordance with the provisions of section 24-1-136.    Repealed.     Source: L. 72: R&RE, p. 159, § 1. C.R.S. 1963: § 26-1-2. L. 81: (1) amended, p. 1196, § 2, effective July 1. L. 83: (3) and (4) amended, p. 837, § 51, effective July 1. L. 88: (5) added, p. 955, § 6, effective May 24. L. 2000: (3) amended, p. 1552, § 26, effective August 2; (5) repealed, p. 1863, § 81, effective August 2.   Cross references: For the "Administrative Organization Act of 1968", see article 1 of this title.   ANNOTATION   Legislation is unnecessary to give effect to § 13 of art. XII, Colo. Const. People v. Bradley, 66Colo. 186, 179 P. 871 (1919).   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. State Dept. of Personnel, 44 Colo. App. 446, 615 P.2d 66 (1980).   There is a right to mandamus to the state personnel director where clear legal duty to act. The right to mandamus government officials, a category encompassing the state personnel director, requires a showing of a positive right to compel the particular action sought to be commanded. In this regard, the official, or officials, must have a clear legal duty to act. Aspgren v. Burress, 160Colo. 302, 417 P.2d 782 (1966).   Applied in Bernstein v. Livingston, 633 P.2d 519 (Colo. App. 1981).
CO Code § 24-50-116 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-116. Standards of Performance and Conduct

 Each employee shall perform his duties and conduct himself in accordance with generally accepted standards and with specific standards prescribed by law, rule of the board, or any appointing authority.   Source: L. 72: R&RE, p. 172, § 1. C.R.S. 1963: § 26-1-16.   ANNOTATION   Employee chargeable with knowledge of agency's rules. Where a public employee is issued a copy of the rules of the agency by whom he is employed, he is chargeable with full knowledge of the contents of the rules. Jones v. Civil Serv. Comm'n, 176Colo. 25, 489 P.2d 320 (1971).   A finding of willful misconduct is not limited to a violation of specific rules or standards. Barrett v. Univ. of Colo., 851 P.2d 258 (Colo. App. 1993).   "Willful misconduct" does not require an actual intent to wrong the employer. A reckless disregard of the employee's duty to the employer is sufficient. Barrett v. Univ. of Colo., 851 P.2d 258 (Colo. App. 1993).   Board rule prohibiting "willful misconduct" was not void for vagueness, nor was ALJ's application of that rule arbitrary, where hiring official's racially derogatory remarks violated a clearly established policy of nondiscrimination in hiring. Barrett v. Univ. of Colo., 851 P.2d 258 (Colo. App. 1993).   Securing promotion for financial consideration clearly violates Denver police department's rules. Although it is true that rules of the Denver police department are not so explicit as to specifically advise one of everything he may do and still be classified as an officer and a gentleman, and those things he may not do without loss of that classification, the rules and regulations make it sufficiently clear that the securing or insuring of one's promotion under the personnel system for a financial consideration violates one or more of the rules and regulations. Cain v. Civil Serv. Comm'n, 159Colo. 360, 411 P.2d 778 (1966).   Hiring official's racially derogatory remarks were not constitutionally protected speech where they were not directed toward policies pertaining to discrimination, did not tend or seek to expose discriminatory practices, and merely reflected the possible racial bias of an employee in the context of the employer's hiring process. Barrett v. Univ. of Colo., 851 P.2d 258 (Colo. App. 1993).
CO Code § 24-50-117 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-117. Prohibited Activities of Employees

 No employee shall engage in any employment or activity which creates a conflict of interest with his duties as a state employee. The board shall promulgate general rules on incompatible activities, conflicts of interest, and employment outside the normal course of duties of state employees.   Source: L. 72: R&RE, p. 172, § 1. C.R.S. 1963: § 26-1-17.   ANNOTATION   Applied in Colo. Ethics Watch v. Coffman, Indep. Ethics Comm'n 08-01.
CO Code § 24-50-122 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-122. Opportunities for Training - Professional Development Center Cash Fund - Creation - Rules

  The state personnel director shall be responsible for the establishment and maintenance of training programs for employees in the state personnel system. He or she shall identify training needs for current and anticipated classes of positions within the classified system, shall identify and recommend to the governor and the general assembly the most economical and effective means of meeting those training needs, and shall regularly assess the effectiveness of such training as may be conducted. State funds shall not be expended for the training of employees in the state personnel system without the approval of the state personnel director.    The executive director of the department of personnel shall establish any fees necessary to pay for the direct and indirect costs of the training programs specified in subsection (1) of this section. All moneys collected shall be transmitted to the state treasurer, who shall credit the same to the professional development center cash fund, which fund is hereby created. The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs of establishing and maintaining the training programs specified in subsection (1) of this section. All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or any other fund.     Source: L. 72: R&RE, p. 173, § 1. C.R.S. 1963: § 26-1-22. L. 73: p. 424, § 10. L. 81: Entire section R&RE, p. 1202, § 18, effective July 1. L. 2009: Entire section amended, (HB 09-1150), ch. 309, p. 1666, § 4, effective August 5.
CO Code § 24-50-126 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-126. Resignation - Procedure and Effect

  An employee may resign by filing his reasons in writing with the appointing authority.    Qualified employees who have resigned in good standing may be reinstated under conditions which the board shall prescribe by rule.    The board shall by rule prescribe the conditions under which absence without leave will be construed to be an automatic resignation.     Source: L. 72: R&RE, p. 174, § 1. C.R.S. 1963: § 26-1-26.   ANNOTATION   Applied in Ornelas v. Dept. of Institutions, 804 P.2d 235 (Colo. App. 1990).
CO Code § 24-50-129 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-129. Appointing Authority's Salary Liability

 If any appointment is willfully made contrary to the provisions of this part 1, the appointing authority shall be personally responsible for any salary liability incurred.   Source: L. 72: R&RE, p. 174, § 1. C.R.S. 1963: § 26-1-29.
CO Code § 24-50-130 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-130. Form of Records and Reports

 The state personnel director shall prescribe the form of records and reports required to give effect to this article, and all appointing authorities shall maintain and submit the reports and records required.   Source: L. 72: R&RE, p. 174, § 1. C.R.S. 1963: § 26-1-30.
CO Code § 24-50-131 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-131. Subpoena Powers

 The board, its administrative law judges, and the state personnel director, in the performance of their duties under this article, shall have the power of subpoena over persons and records, and such powers shall be enforceable by the courts.   Source: L. 72: R&RE, p. 175, § 1. C.R.S. 1963: § 26-1-31. L. 94: Entire section amended, p. 93, § 3, effective March 15.
CO Code § 24-50-132 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-132. Political Considerations and Prohibited Activities

 Employees in the state personnel system shall be selected without regard to political considerations, shall not use any state facility or resource or the authority of any state office in support of any candidate, and shall not campaign actively for any candidate on state time or in any manner calculated to exert the influence of state employment.   Source: L. 72: R&RE, p. 175, § 1. C.R.S. 1963: § 26-1-32.   Cross references: For prohibition of political activity by the Colorado state patrol, see § 24-33.5-215.
CO Code § 24-50-133 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-133. Subversive Acts - Disqualification

 No person shall be appointed to or retained in any position in the state personnel system who advocates or knowingly belongs to any organization that advocates the overthrow of the government of the United States by force or violence, with the specific intent of furthering the aims of such organization.   Source: L. 72: R&RE, p. 175, § 1. C.R.S. 1963: § 26-1-33.   Cross references: For criminal provisions dealing with advocating the overthrow of the government, see part 2 of article 11 of title 18.
CO Code § 24-50-136 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-136. Persons Brought Into the Personnel System

  Whenever a person currently or previously employed by the state of Colorado, not within the state personnel system, enters or is brought into the state personnel system, the person shall be credited with his or her former state service for purposes of accumulated leave, leave earning rates, seniority, and other benefits, excluding retirement credit, afforded an employee in the state personnel system. Previous employment with the state shall include any period of employment for which an officer or employee received compensation not limited solely to expense reimbursement. Credit for previous state employment shall not be given for temporary employment, including student employment at an institution of higher education or the Auraria higher education center established in article 70 of title 23, C.R.S., or service as a member of a part-time board or commission.    Whenever, by reason of constitutional amendment, legislative enactment, executive order, or action of an executive department functions outside state government are assumed by state government, persons performing such functions shall be credited with the years of service in their former positions for purposes of accumulated leave, leave earning rates, seniority, and other benefits, excluding retirement credit, afforded an employee in the state personnel system.    Whenever employees enter the state personnel system from political subdivisions of the state with merit systems similar to the state personnel system as a result of a formal arrangement with that merit system, the state personnel director shall, by rule adopted in accordance with article 4 of this title, establish rates and conditions of accumulated leave carry-over, leave earning rates, seniority, and other benefits, excluding retirement credit, afforded an employee in the state personnel system. Such rates and conditions shall fairly recognize the employees' prior employment and provide a recruitment incentive to those persons who might benefit state government.     Source: L. 72: R&RE, p. 177, § 1. C.R.S. 1963: § 26-1-36. L. 73: p. 424, § 11. L. 89: (3) amended, p. 490, § 19, effective July 1. L. 2004: Entire section amended, p. 1695, § 32, effective July 1, 2005. L. 2012: (1) amended, (HB 12-1081), ch. 210, p. 905, § 9, effective August 8.
CO Code § 24-50-137 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-137. Persons Holding Exempted Positions

  and    Repealed.    (Repeal provision deleted by revision.)    Any certified employee of the personnel system who accepts an appointment to an exempt position at the request of the governor or other elected or appointed officials of this state shall be granted leave without pay from his personnel system position for the initial period of appointment to the exempt position. Upon termination of the initial period of such appointment, such employee shall be reinstated to his former position with no loss of any rights or benefits accruing to that position in his absence and with restoration of all accrued unused leave which he had at the time of acceptance of the exempt appointment. In the event his former position no longer exists, the layoff procedure shall be followed. If such employee does not apply to return to his personnel system position within a thirty-day period of his termination from the exempt position, he shall be deemed to have resigned.     Source: L. 72: R&RE, p. 177, § 1. C.R.S. 1963: § 26-1-37. L. 73: p. 425, § 12.   Editor's note: Subsection (3) provided for the repeal of subsections (1) and (2), effective on the second Tuesday of January 1975, and is therefore deleted by revision as obsolete.
CO Code § 24-50-138 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-138. Effect of Transfer of Powers, Duties, and Functions

  The department of personnel to which powers, duties, and functions of the civil service commission are transferred shall be the successor in every way with respect to such powers, duties, and functions, subject to the provisions of the state constitution. Every act performed in the exercise of such powers, duties, and functions by the department of personnel shall be deemed to have the same force and effect as if performed by the civil service commission prior to July 1, 1971. Whenever the civil service commission is referred to or designated by any law, contract, insurance policy, bond, or other document, such reference or designation shall be deemed to apply to the state personnel board or the state personnel director, as the case may be, in which the powers, duties, and functions of the civil service commission are vested.    No suit, action, or other proceeding, judicial or administrative, lawfully commenced by or against the civil service commission or by or against any officer or member of the civil service commission in his official capacity or in relation to the discharge of his official duties shall abate by this part 1. The court may allow the suit, action, or other proceeding to be maintained by or against the state personnel board or the state personnel director, as the case may be, or any officer affected.    No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this part 1.     Source: L. 72: R&RE, p. 178, § 1. C.R.S. 1963: § 26-1-38.
CO Code § 24-50-140 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-140. Reports on Other Employment Systems

 In order to provide for the coordination of the state personnel system with other systems of state employees, no later than November 15 of each year, each department or agency of state government having employees who are not within the state personnel system, including but not limited to the state institutions of higher education and the judicial department, shall submit to the joint budget committee and any member of the general assembly so requesting such copy a classification plan for those employees not within the state personnel system, including a preliminary estimate of the number of such employees and their salary levels for the ensuing fiscal year and a statement of the pay increase policies and procedures utilized by the department or agency. No later than January 1 next following, each such department or agency shall transmit to the joint budget committee and any member of the general assembly so requesting such copy a final estimate of the number of such employees and their salary levels for the ensuing fiscal year.   Source: L. 72: p. 183, § 1. C.R.S. 1963: § 26-1-40.
CO Code § 24-50-141 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-141. Rules and Regulations - Limitations - Affirmative Action Corrective Remedies - Implementation

  It is the intent of the general assembly to encourage the implementation of equal employment opportunities and affirmative action corrective remedies within the state personnel system which preserve the merit principles contained in section 13 of article XII of the state constitution and this article and which disavow and prohibit the imposition of a mandatory quota system. Until January 1, 1980, and while underutilization of and invidious discrimination against members of ethnic and racial minorities and women exist and continue to exist within the state personnel system, the board is authorized to adopt and implement rules and regulations which carry out the intent of this section. Such rules and regulations shall be implemented only upon written findings by the state personnel director in each instance that the following conditions exist with reference to specific appointments and promotions within the state personnel system:   The appointing authority has voluntarily requested referrals for affirmative action purposes;    There is discriminatory underutilization of members of the ethnic or racial minority group or women for which the referral has been requested, within the agency, in the class for which an appropriate eligible list or combination of eligible lists has been compiled; and    The test or selection devices for the compilation of such eligible list or lists have not been validated according to applicable employee selection guidelines.       Rules and regulations of the state personnel system adopted and implemented in accordance with this section, except rules and regulations relating to grievance and appeal procedures within the state personnel system and based on allegations of discrimination, are repealed, effective January 1, 1980, and the authority of the board to adopt and implement any affirmative action corrective remedy or rule, which allows or provides for, or incorporates by reference, requisitions or referrals which are in addition to the names of the three persons ranking highest on the appropriate eligible list or combination of such lists, is terminated on such date.    Repealed.     Source: L. 77: Entire section added, p. 1945, § 7, effective June 9. L. 96: (3) repealed, p. 1269, § 195, effective August 7.
CO Code § 24-50-142 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-142. Repayment of Debts to State-Supported Institutions of Higher Education by State Employees

  When a state employee has an outstanding obligation due to a state-supported institution of higher education, the board shall include provision for referral and collection of the loan or outstanding obligation to the controller pursuant to section 24-30-202.4.    An applicant for employment under the state personnel system shall declare whether he has any outstanding loan or obligation due to a state-supported institution of higher education and whether such loan or obligation is past-due.     Source: L. 83: Entire section added, p. 793, § 4, effective June 3.
CO Code § 24-50-201 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 2 - Retirement of Personnel|§ 24-50-201. Legislative Declaration

 It is declared to be the policy of this state to encourage able and qualified persons to enter the state personnel system with a view toward acquiring the experience and in-service training and demonstrating the increased capabilities and responsibility necessary for progressive advancement. The policy of this state is to hold out to employees, subject to the provisions of the state constitution and to the rules and procedures of the state personnel system, the hope and expectation of being able to earn promotions in accordance with their individual capabilities and performance, and thereby the state seeks to encourage its more able employees to make their careers in government service.   Source: L. 72: R&RE, p. 180, § 1. C.R.S. 1963: § 26-4-1.
CO Code § 24-50-203 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 2 - Retirement of Personnel|§ 24-50-203. Preretirement Education and Counseling

 The state personnel director shall provide a continuous preretirement education and counseling program for employees in the state personnel system, which program is to be carried out at strategic geographic locations throughout the state. All employees in the state personnel system may participate on a voluntary basis. Each appointing authority shall be responsible for implementing the preretirement program in his organization, in cooperation with the state personnel director.   Source: L. 72: R&RE, p. 181, § 1. C.R.S. 1963: § 26-4-3. L. 93: Entire section amended, p. 19, § 5, effective March 4.