(1)(a) There is created in
the division the Colorado civil rights commission. The commission is a type 1 entity,
as defined in section 24-1-105.
(b)(I) The commission consists of seven members appointed by the governor,
with the consent of the senate as specified in subsection (1)(b)(IV) of this section,
for terms of four years. The governor shall make appointments in such a manner
that there are at all times:
(A)Two members of the commission representing the business community,
at least one of whom represents small business; except that, upon the expiration of
the terms of the members appointed pursuant to this subsection (1)(b)(I)(A) before
July 1, 2018, or upon a vacancy in either position, whichever occurs first, one
member appointed pursuant to this subsection (1)(b)(I)(
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(1) (a) There is created in
the division the Colorado civil rights commission. The commission is a type 1 entity,
as defined in section 24-1-105.
(b) (I) The commission consists of seven members appointed by the governor,
with the consent of the senate as specified in subsection (1)(b)(IV) of this section,
for terms of four years. The governor shall make appointments in such a manner
that there are at all times:
(A) Two members of the commission representing the business community,
at least one of whom represents small business; except that, upon the expiration of
the terms of the members appointed pursuant to this subsection (1)(b)(I)(A) before
July 1, 2018, or upon a vacancy in either position, whichever occurs first, one
member appointed pursuant to this subsection (1)(b)(I)(A) must be a majority owner
of a small business that employs at least five but less than fifty employees and the
other member appointed pursuant to this subsection (1)(b)(I)(A) must be a majority
owner of a business that employs more than fifty employees, and thereafter the
composition of the commission must continue to reflect this change;
(B) Two members of the commission representing state or local government
entities; except that, upon the expiration of the terms of office of the members of
the commission appointed pursuant to this subsection (1)(b)(I)(B) before July 1, 2018,
or upon a vacancy in either position, whichever occurs first, the governor shall
appoint to those positions one member representing a statewide chamber of
commerce or other statewide organization representing business and industry and
one member from or representing employee associations that represent workers in
Colorado, and thereafter the composition of the commission must continue to
reflect this change; and
(C) Three members of the commission from the community at large; except
that, upon the expiration of the term of office of two members appointed pursuant
to this subsection (1)(b)(I)(C) before July 1, 2018, or upon a vacancy in a position
under this subsection (1)(b)(I)(C), whichever occurs first, the governor shall appoint
two members from or representing employee associations that represent workers
in Colorado, and thereafter the composition of the commission must continue to
reflect this change.
(II) In addition to the qualifications specified in subsection (1)(b)(I) of this
section, the membership of the commission must at all times include:
(A) At least four members who are members of groups of people who have
been or who might be discriminated against because of disability, race, creed, color,
sex, sexual orientation, gender identity, gender expression, national origin,
ancestry, marital status, religion, or age; and
(B) No more than six members affiliated with a major political party and no
more than three members affiliated with the same political party. A member must
have been registered with the same political party or registered as unaffiliated for
at least two years immediately preceding the member's appointment to the
commission.
(III) The governor shall make appointments to provide geographical area
representation insofar as may be practicable.
(IV) Notwithstanding any other provision of law, if, in accordance with
section 6 of article IV of the state constitution, the governor nominates an individual
for appointment to the commission and the senate rejects the nomination, the
rejected individual is deemed ineligible to hold the office for two years. During that
two-year period, the governor shall not nominate the rejected individual and, if the
senate is not in session, shall not appoint the rejected individual to temporarily
discharge the duties of the commission. For purposes of this subsection (1)(b)(IV),
rejection by the senate of the nomination of an individual for appointment to the
commission does not preclude the governor from nominating the rejected individual
for another opening on the commission that occurs after an individual other than
the rejected individual has filled the immediate opening on the commission.
(2) The governor shall fill vacancies on the commission by appointment, with
the consent of the senate in accordance with subsection (1)(b)(IV) of this section,
and the term of a commissioner appointed to fill a vacancy is for the unexpired part
of the term for which the commissioner is appointed.
(3) Any commissioner may be removed from office by the governor for
misconduct, incompetence, or neglect of duty.
(4) Commissioners shall receive a per diem allowance and shall be
reimbursed for actual and necessary expenses incurred by them while on official
commission business, as provided in section 12-20-103 (6).
(5) The commission may adopt, amend, or rescind rules for governing its
meetings. Four commissioners shall constitute a quorum for purposes of
conducting the business of the commission.