(1)On January 1, 2001, the merit system for the
selection, retention, and promotion of employees of the county departments that
has been operated by the state department pursuant to this section is abolished.
Beginning on or after July 1, 1997, but no later than January 1, 2001, each county
shall provide for a merit system for the selection, retention, and promotion of
employees of the county departments that complies with the criteria specified in
subsection (8) of this section and with any other federal standards for a merit
system of personnel administration for employees, specified as a condition of
receipt of federal funds as set forth in subpart F of 5 CFR 900.601, et seq. A county
can combine with another county or form a district to provide such a merit system
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(1) On January 1, 2001, the merit system for the
selection, retention, and promotion of employees of the county departments that
has been operated by the state department pursuant to this section is abolished.
Beginning on or after July 1, 1997, but no later than January 1, 2001, each county
shall provide for a merit system for the selection, retention, and promotion of
employees of the county departments that complies with the criteria specified in
subsection (8) of this section and with any other federal standards for a merit
system of personnel administration for employees, specified as a condition of
receipt of federal funds as set forth in subpart F of 5 CFR 900.601, et seq. A county
can combine with another county or form a district to provide such a merit system
for its employees. The county department shall certify to the state department that
the successor merit system of personnel administration used by the county is in
conformance with the federal standards. Prior to transferring county employees to
a successor merit system, each county shall submit a transition plan to the state
department outlining its plan for transferring such employees and for addressing
issues that may arise during the transfer, such as salary issues, retention, seniority
rights, and appeal processes. The state department shall examine and approve the
transition plan if the state department determines that the transition plan is
reasonable and that the merit system meets the federal standards. The county may
not implement the transition plan or transfer employees to the successor merit
system until the state department has approved the transition plan. The state shall
not unreasonably withhold approval. Any transition plan for transferring county
employees from the state merit system to a successor merit system shall include
protections for employees that allow them to retain any accrued annual or sick
leave benefits and that compensate such employees at the same or higher rate of
salary. The state department shall provide assistance to counties regarding the
transition of county employees from the state merit system to a successor merit
system. Nothing in this section shall preclude a county from reorganizing employee
staff functions or abolishing positions to achieve greater efficiencies in operations.
(1.5) Any moneys saved as a result of eliminating the state merit system shall
be available to counties to implement the transition from the state merit system to
a successor merit system.
(2) to (7) Repealed.
(8) The merit system provided by the counties shall meet the following
federal criteria:
(a) The recruitment, selection, and advancement of employees shall be on
the basis of relative abilities, knowledge, and skills, including open consideration of
qualified applicants for initial appointment.
(b) The system shall provide equitable and adequate compensation.
(c) The employees shall be trained as needed to assure high quality of
performance.
(d) The system shall provide for retaining employees on the basis of the
adequacy of their performance, correcting inadequate performance, and separating
employees whose inadequate performance cannot be corrected.
(e) The system shall assure fair treatment of applicants and employees in all
aspects of personnel administration without regard to political affiliation, race,
color, national origin, sex, religious creed, age, or disability and with proper regard
for the privacy and constitutional rights of such persons as citizens. This fair
treatment principle shall include compliance with all federal equal opportunity and
nondiscrimination laws.
(f) The system shall assure that employees are protected against coercion
for partisan political purposes and are prohibited from using their official authority
for the purpose of interfering with or affecting the results of an election or a
nomination for office.
(8.5) The merit system provided by the counties must assure fair treatment
of applicants and employees in all aspects of personnel administration without
regard to race, creed, color, religion, age, disability, sex, sexual orientation, gender
identity, gender expression, marital status, national origin, or ancestry.
(9) With respect to the merit system provided by the counties, the state
board of human services shall promulgate rules on the following:
(a) Minimum standards for qualifications of certain positions that are
determined by the state board to necessitate uniform standards;
(b) Establishment of maximum state reimbursement levels for the salaries of
county department employees and county directors.
(10) Repealed.
(11) The county director of a county department shall be exempt from the
merit system established and maintained by the state department pursuant to this
section as it existed prior to July 1, 1997. Each county shall determine whether to
exempt its county director from the successor merit system designed pursuant to
this section. Until the county provides for a successor merit system as provided in
this section, the state department shall reimburse only eighty percent of the salary
established in the compensation plan pursuant to rules of the state department or
eighty percent of the actual salary, whichever is less. After the county provides for
a successor merit system as provided in this section, the state department shall
reimburse only eighty percent of the actual salary; except that such reimbursement
shall not exceed the maximum state reimbursement level established by the state
board pursuant to subsection (9) of this section.
Source: L. 73: R&RE, p. 1171, � 1. C.R.S. 1963: � 119-1-19. L. 75: (5)(d) amended,
p. 895, � 1, effective June 29. L. 76: (6) added, p. 587, � 26, effective May 24. L. 79: (7) added, p. 1122, � 5, effective June 21. L. 81: (5)(d) amended, p. 1369, � 2, effective
June 9; (6) repealed, p. 1370, � 3, effective June 9. L. 83: (7) amended, p. 964, � 15,
effective July 1, 1984. L. 86: (5)(d) and (5)(g) amended, p. 985, � 1, effective July 1. L.
87: (5)(g) amended, p. 973, � 88, effective March 13. L. 91: (1), (5)(a) to (5)(d), (5)(g),
and (5)(h) amended and (5)(p) added, p. 1785, � 1, effective April 11. L. 92: (7)
amended, p. 1043, � 10, effective March 12. L. 97: Entire section amended, p. 1184, �
5, effective July 1. L. 2008: (8.5) added, p. 1603, � 31, effective May 29. L. 2009: (10)
repealed, (SB 09-044), ch. 57, p. 204, � 2, effective March 25. L. 2021: (8.5)
amended, (HB 21-1108), ch. 156, p. 897, � 42, effective September 7.