§ 24-30-1105 — Powers of the executive director - penalties

(1) In order to
perform the duties and functions set forth in this part 11, the executive director of
the department of personnel shall, in relation to departments, institutions, and
agencies of the executive branch:

(a) Approve the equipment, software related to services, and facilities with
which specific services shall be performed by or for any state department,
institution, or agency in accordance with the approved plan;

(b) Prescribe standards governing the selection and operation of service
equipment by or for any state department, institution, or agency;

(c) Adopt such rules and regulations as may be necessary to carry out the
purposes and provisions of this part 11;

(d) Contract for such services as the department of personnel may require
for purposes of this part 11;

(e) Require such reports from other departments, institutions, and agencies
as may be necessary;

(f) Recommend to the governor the transfer of funds, equipment, supplies,
and personnel from existing departments, institutions, and agencies to the
department of personnel or to such other agency as may be necessary to
accomplish the purposes of this part 11, such transfer to be effective upon the
approval by the governor;

(g) Certify for evidentiary purposes as true copies of the originals, before the
originals are destroyed or lost, photographs, microphotographs, or reproductions on
film created by the department of personnel. Such certified photographs,
microphotographs, or reproductions shall have the same legal force and effect as if
certified by the original custodian of the records.

(h) In performance of such microfilm services as may be requested by the
custodians of the types of documents referred to in this paragraph (h):

(I) Have rights of reasonable access in person or through employees to all
types of nonconfidential documents in the possession of the state of Colorado, its
departments, institutions, or agencies;

(II) Have rights of reasonable access in person or through specifically
designated employees to all types of confidential documents in the possession of
the state of Colorado, its departments, institutions, or agencies;

(III) Assist custodians of documents upon which microfilm, digital imaging,
and digital conversion services have been performed in the lawful disposition of
such documents pursuant to section 24-80-103;

(i) Have power to enter into contracts with other governmental entities in the
state of Colorado for the purpose of furnishing services;

(j) Establish policies jointly with the supreme court of the state of Colorado
for the expungement and sealing of official state records with a view to the
technical and evidentiary problems attendant to expungement or sealing of
photographs, microphotographs, and reproductions.

(2) (a) Except in accordance with judicial order or as otherwise provided by
law, the executive director or the employees of the department of personnel shall
not divulge or make known in any way any information disclosed in any confidential
document to which the employees have access in performing the duties specified in
this part 11.

(b) Officials or employees of the state who violate this subsection (2) commit
a class 2 misdemeanor. Such persons shall, in addition to these penalties, be
subject to removal or dismissal from public service on grounds of malfeasance in
office.

Legislative History

Source: L. 77: Entire part added, p. 1179, � 3, effective June 20. L. 95: IP(1) and (1)(f) amended, p. 648, � 48, effective July 1. L. 96: IP(1), (1)(d), (1)(f), (1)(g), and (2)(a) amended, p. 1500, � 11, effective June 1. L. 2004: (1)(a) and (1)(h)(III) amended, p. 307, � 4, effective August 4. L. 2021: (2)(b) amended, (SB 21-271), ch. 462, p. 3225, � 412, effective March 1, 2022.