As used in this article 33, unless the context
otherwise requires:
(1) County means only:
(a) A city and county; and
(b) A county with a population of less than seven thousand five hundred
people pursuant to the official figures of the most recent United States decennial
census.
(2) Division means the division of labor standards and statistics within the
department of labor and employment.
(3) (a) Employee organization means an organization independent of the
employer in which public employees may participate and that exists for the
purpose, in whole or in part, of acting on behalf of and for the benefit of the public
employees concerning public employee grievances, labor disputes, wages, hours,
and other terms and conditions of employment. Employee organization includes
any agents or representatives of the employee organization designated by the
employee organization.
(b) Employee organization does not include an organization, including a
committee, advisory council, or other similar group, that includes public employees
but is created by a public employee's employer.
(4) Governing body means the elected or appointed representative body of
a public employer.
(5) (a) Public employee means an individual employed by a public
employer; except those employees employed in the personnel system of the state
established in section 13 of article XII of the state constitution, or employees
employed by an employer, as defined in section 8-3-104 (12).
(b) Public employee includes two types of employees, as follows:
(I) Confidential public employee means a public employee who:
(A) Develops or presents the positions of the employer with respect to
employer-employee relations, contributes significantly to the employer's decision-making in connection with such positions, or accesses confidential information,
including the employer's non-public planning or strategy information, in connection
with the development, presentation, or decision-making of the employer's positions
with respect to employer-employee relations; or
(B) Provides legal advice to the employer as the employer's attorney related
to this article 33 or other labor relations matters.
(II) Managerial public employee means an executive-level public employee
with significant decision-making authority, including the authority to develop
employer policies or programs or administer an agency or other subdivision of the
employer. Managerial employee does not include a non-policymaking employee,
even if the employee oversees, manages, or directs other employees; except that a
firefighter who is a supervisor, as defined in section 29-5-203 (15), is a
managerial employee for purposes of this article 33.
(6) Public employer means:
(a) A county or a municipality;
(b) A district, business improvement district, special district created
pursuant to title 32, authority, or other political subdivision of the state, a county, or
a municipality;
(c) The Colorado school for the deaf and the blind, established in article 80
of title 22;
(d) A state institution of higher education, as defined in section 23-18-102
(10)(a), and a local district college operating pursuant to article 71 of title 23;
(e) The office of state public defender created in section 21-1-101;
(f) The university of Colorado hospital authority created in section 23-21-503;
(g) The Denver health and hospital authority created in section 25-29-103;
(h) The joint budget committee staff, the legislative council staff, the office
of legislative legal services, the staff of the office of the chief clerk of the house of
representatives, and the senate services staff;
(i) The majority and minority caucus staff of the house of representatives and
the senate;
(j) A board of cooperative services established pursuant to the Boards of
Cooperative Services Act of 1965, article 5 of title 22;
(k) Any school district as defined in section 22-7-1003 (20);
(l) A district charter school pursuant to part 1 of article 30.5 of title 22; or
(m) An institute charter school which means a charter school authorized by
the state charter school institute pursuant to part 5 of article 30.5 of title 22.
(7) Unfair labor practice means a violation of the rights or obligations
described in this article 33. Nothing in this article 33 shall be construed to mean
the right or obligation to recognize or to negotiate a collective bargaining
agreement.