§ 24-50-103 — State personnel board

Colorado § 24-50-103

• Jurisdiction: Colorado
• Title 24: Government
• Art.: State Personnel System -

Text

(1) The state personnel board is created
pursuant to the provisions of section 14 of article XII of the state constitution. The
board consists of five members to be selected in the manner provided in the state
constitution and this section.

(2) The board is a type 1 entity, as defined in section 24-1-105, and exercises
its powers and performs its duties and functions under the department of personnel
and the state personnel director.

(3) (a) In the year 2015 and every third year thereafter and in the year 2016
and every third year thereafter, an election shall be held for a member of the board
in the manner provided in this subsection (3).

(b) The elected members of the board shall be elected by persons certified
to classes and positions in the state personnel system in accordance with rules
promulgated by the board, in consultation with the secretary of state and pursuant
to section 24-4-103; except that the ballots for such elections shall be distributed
to each employee qualified to vote with any payroll or other type of distribution
otherwise made to said employees. However, such distribution shall be no later
than fifteen days before the ballots are to be submitted by the voters.

(c) (I) The election of any person declared duly elected to the position of a
member of the board may be contested:

(A) When the candidate is not eligible to be a member of the board;

(B) When illegal votes have been received or legal votes rejected at the time
of the election in sufficient numbers to change the outcome of the election;

(C) For any error or mistake on the part of the board administrator in
conducting, counting, or declaring the result of the election, if such error or mistake
would be sufficient to change the outcome of the election;

(D) For misconduct, fraud, or corruption on the part of the board
administrator, if such misconduct, fraud, or corruption would be sufficient to
change the outcome of the election;

(E) For any other cause which shows that another individual was the legally
elected board member.

(II) Notwithstanding the provisions of section 24-50-125.4 (3), an action to
contest an election under this subsection (3) shall be brought pursuant to rule 106
(a)(3) of the Colorado rules of civil procedure; except that the action shall be
brought only in the Denver district court and only after the contesting party has
complied with the rules of the board concerning prior notice and opportunity to
cure, and the provisions of rule 106 concerning district attorneys shall not apply to
this subsection (3).

(d) The general assembly shall appropriate to the board sufficient funds to
carry out the provisions of this subsection (3).

(4) A vacancy in office shall be filled in the manner used for the selection of
the person vacating the office and for the unexpired term. Elected member
vacancies shall be filled within three months after the date of the vacancy, and, in
the event of a vacancy for an elected member position, the governor shall request a
supplemental appropriation in an amount sufficient to conduct the election, and the
general assembly shall appropriate such amount for that purpose.

(5) A member of the board may be removed in accordance with section 14 (2)
of article XII of the state constitution.

(6) An action of the state personnel director or an appointing authority which
is appealable to the board pursuant to this article or the state constitution may be
reversed or modified on appeal to the board only if at least three members of the
board find the action to have been arbitrary, capricious, or contrary to rule or law.
Unless otherwise limited by this article or the state constitution, a decision of the
board shall be subject to review pursuant to section 24-50-125.4.

(7) The board may authorize administrative law judges, who shall be lawyers
with at least five years' experience, to conduct hearings on any matter within the
jurisdiction of the board upon terms and conditions determined by the board and
subject to the provisions of article 4 of this title. The board shall employ such
personnel as may be necessary for the performance of its duties, including an
administrator who shall serve as secretary to the board. The administrator shall
maintain full records of the proceedings of the board and shall be responsible for
any other duties as the board may assign. Funds for these purposes shall be
appropriated by the general assembly.

(8) Members of the board shall be compensated at the rate of seventy-five
dollars per day for each day in which they are actually engaged in the performance
of their duties plus reimbursement for actual and necessary expenses incurred in
the performance of their duties. The board shall meet as often as necessary to
conduct its business. The board shall elect a chairman and a vice-chairman, one of
whom shall be a gubernatorial appointee, from among its members. Meetings shall
be called by the chairman or a majority of the board. All members of the board shall
be given reasonable notice of all meetings, and three members of the board shall
constitute a quorum for the transaction of business. The affirmative vote of at least
three members of the board shall be necessary to reverse or modify any action of
the state personnel director or appointing authority.

(9) The board and any political subdivision of the state may contract for the
furnishing of personnel services by the department of personnel to such
subdivision.

Legislative History

Source: L. 72: R&RE, p. 159, � 1. C.R.S. 1963: � 26-1-3. L. 76: (7) amended, p. 586, � 22, effective May 24. L. 77: (7) amended, p. 1220, � 1, effective August 2. L. 78: (7) amended, p. 268, � 75, effective May 23. L. 81: (6) R&RE, p. 1196, � 3, effective July 1. L. 84: (5) to (8) amended, p. 705, � 2, effective July 1. L. 89: (3)(b) and (3)(c) R&RE and (3)(d) amended, pp. 1060, 1061, �� 1, 2, effective July 1. L. 94: (7) amended, p. 92, � 1, effective March 15. L. 2005: (7) amended, p. 633, � 1, effective May 27. L. 2010: (7) amended, (HB 10-1181), ch. 351, p. 1623, � 11, effective June 7. L. 2012: (1), (3)(a), and (5) amended, (HB 12-1321), ch. 260, p. 1341, � 5, effective January 1, 2013 (see editor's note). L. 2022: (2) amended, (SB 22-162), ch. 469, p. 3421, � 198, effective August 10. L. 2025: (1) amended, (SB 25-275), ch. 377, p. 2069, � 180, effective August 6.