§ 24-50-125.5 — Recovery for improper personnel action

Colorado § 24-50-125.5

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

Text

(1) Upon final
resolution of any proceeding related to the provisions of this article, if it is found
that the personnel action from which the proceeding arose or the appeal of such
action was instituted frivolously, in bad faith, maliciously, or as a means of
harassment or was otherwise groundless, the employee bringing the appeal or the
department, agency, board, or commission taking such personnel action shall be
liable for any attorney fees and other costs incurred by the employee or agency
against whom such appeal or personnel action was taken, including the cost of any
transcript together with interest at the legal rate. Reimbursement of such attorney
fees and other costs shall be made by the employee or the department, agency,
board, or commission upon presentation by the employee or agency of a statement
of the attorney fees and other costs incurred which has been approved by the state
personnel board, and any such claim approved by the state personnel board against
an agency shall be a charge on moneys appropriated to the department, agency,
board, or commission. Each department, agency, board, or commission shall report
to the joint budget committee each year concerning the number of claims made and
the amount of moneys paid by the department, agency, board, or commission under
this section during the previous fiscal year.

(2) Repealed.

Legislative History

Source: L. 79: Entire section added, p. 949, � 1, effective July 1. L. 81: (1) amended and (2) repealed, p. 1203, �� 22, 23, effective July 1. L. 84: (1) amended, p. 713, � 12, effective July 1.