CO Code § 24-50-109.5 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 50 - State Personnel System - Department of Personnel|Part 1 - Department of Personnel|§ 24-50-109.5. Fiscal Emergencies - Emergency Orders

  As used in this section, "fiscal emergency" means any crisis concerning the fiscal condition of state government which is caused by a significant general fund revenue shortfall or significant reductions in cash or federal funds received by the state, which threatens the orderly operation of state government and the health, safety, or welfare of the citizens of the state, and which is declared a fiscal emergency by joint resolution adopted by the general assembly and approved by the governor in accordance with section 39 of article V of the state constitution.    With the advice and assistance of the state personnel director, the governor shall take such actions as necessary to be utilized by each principal department and each institution of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S., to reduce state personnel expenditures in the event of a fiscal emergency. Such actions shall include, but need not be limited to, separations, voluntary furloughs, mandatory furloughs, suspension of increases in salary and state contributions for group benefit plans, suspension of merit pay, job-sharing, hiring freezes, forced reallocation of vacant positions, or a combination thereof. Any suspension of salary increases or increases in state contributions for group benefit plans shall apply statewide to all employees in the state personnel system. If mandatory furloughs are utilized in any principal department or institution of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S., such furloughs shall be implemented by each appointing authority so that all employees under such authority, regardless of status, position, or level of employment, are furloughed for the same length of time, consistent with section 24-2-103    Promptly after the adoption of a joint resolution declaring a fiscal emergency, the head of each principal department and the governing board of each institution of higher education and the Auraria higher education center established in article 70 of title 23, C.R.S., shall order into effect, on an emergency basis and in accordance with the actions taken by the governor pursuant to subsection (2) of this section, those measures they find necessary and appropriate to reduce the personnel expenditures of their departments or institutions to enable them to operate within available revenues. No such order shall have an effect beyond the time period specified in the joint resolution declaring the fiscal emergency.     (2). Employees of the following agencies and employees with duties as described shall not be subject to mandatory furlough: The Colorado state patrol, correctional officers, police officers, employees of the department of human services providing hands-on care, and employees providing hands-on nursing care.   Source: L. 83: Entire section added, p. 851, § 5, effective May 31. L. 89: (2) amended, p. 489, § 18, effective July 1. L. 94: (2) amended, p. 2697, § 241, effective July 1. L. 98: (2) amended, p. 676, § 4, effective August 5. L. 2003: (2) amended, p. 1933, § 6, effective May 22. L. 2012: (2) and (3) amended, (HB 12-1081), ch. 210, p. 904, § 8, effective August 8; (2) amended, (HB 12-1321), ch. 260, p. 1348, § 7, effective September 1.   Editor's note: Amendments to subsection (2) by House Bill 12-1081 and House Bill 12-1321 were harmonized.   Cross references: In 2012, subsection (2) was 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   Suspension of positions within the division of disaster emergency services to decrease general fund expenditures is warranted regardless of whether the funding source of the positions is the general fund or federal funds. Bardsley v. Dept. of Pub. Safety, 870 P.2d 641 (Colo. App. 1994).