§ 22-2-104 — Offices and positions - nature

(1) As a matter of legislative
determination, the offices of commissioner of education, assistant commissioners
of education, and all positions of employment classified by the board as director,
consultant, supervisor, or instructor are declared to be educational in nature and
administrators of the department and not under the state personnel system in
accordance with section 13 (2)(a)(VII) of article XII of the state constitution. The
board may authorize the commissioner, as its designee, to classify positions of
employment pursuant to this section.

(2) Any employee holding a position that was exempt from the state
personnel system prior to January 1, 2017, may remain exempt from the state
personnel system so long as the employee continues to hold that position.

(3) The board or the commissioner, as the designee of the board, shall
determine which positions in the department meet the criteria set forth in
subsection (1) of this section; except that a position shall not be determined to be
exempt while it is held by an employee in the state personnel system.

(4) No later than December 31, 2017, and no later than December 31 of each
year thereafter, the commissioner shall submit a report to the state personnel
director, in the form prescribed by the director, listing all positions in the
department that are exempt from the state personnel system in accordance with
this section.

Legislative History

Source: L. 64: R&RE, p. 529, � 1. C.R.S. 1963: � 123-1-4. L. 2017: Entire section amended, (HB 17-1359), ch. 295, p. 1625, � 1, effective June 2.