Colorado's State Personnel System
| Jurisdiction | Colorado,United States |
| Citation | Vol. 32 No. 10 Pg. 85 |
| Pages | 85 |
| Publication year | 2003 |
2003, October, Pg. 85. Colorado's State Personnel System
Vol. 32, No. 10, Pg. 85
The Colorado Lawyer
October 2003
Vol. 32, No. 10 [Page 85]
October 2003
Vol. 32, No. 10 [Page 85]
Specialty Law Columns
Government and Administrative Law News
Colorado's State Personnel System
by Carol Caeser, Vincent R. White
Government and Administrative Law News
Colorado's State Personnel System
by Carol Caeser, Vincent R. White
This column provides information to attorneys dealing with
various state and federal administrative agencies, as well as
attorneys representing public or private clients in the areas
of municipal, county, and school or special district law
Column Editors
Carolynne C. White of the Colorado Municipal League - (303)
831-6411, cwhite@cml.org; Brad Bailey, Assistant City
Attorney, City of Littleton - (303) 795-3725
bbailey@littletongov.org; Tiffanie Bleau, Denver, an attorney
with Light, Harrington & Dawes, P.C. - (303) 298-1601,
tbleau@lhdlaw.com
About The Authors:
This month's article was written by Carol Caesar, Denver,
First Assistant Attorney General of the State of Colorado
Employment Personnel Section - (303) 866-5495, carol.caesar@
state.co.us; and Vincent R. White, Denver, Deputy Attorney
General for the State of Colorado Employment Unit - (303)
866-4500, ext. 5719, vincent.white@state.co.us.
This article provides an overview of the Colorado State
Personnel System, which governs the conditions of employment
for Colorado's state employees.
The Colorado State Personnel System ("Personnel
System") governs the conditions of employment for
Colorado's state employees. The Personnel System is a
merit-based system that was established by Colorado voters
almost a century ago. Unlike private employment, where
employees may be considered "at-will," the
procedures enunciated by the Colorado Constitution and the
State Personnel System Act ("Act")1 afford
certified employees in the Personnel System due process of
law. The procedures place a check on the constitutional
sufficiency of an appointing authority's decision to
impose discipline on an employee.2
This article provides a basic overview of the Personnel
System, specifically covering the rights of the employee and
the responsibilities of the employer. In addition, it
presents a synopsis of two Colorado Supreme Court decisions
that illustrate the path the Court has taken in
recent years regarding claims of discrimination.
Overview of the
Personnel System
Personnel System
In 1918, the people of Colorado voted to amend the Colorado
Constitution and create a merit-based system of state
employment.3 This Civil Service Amendment4 mandates that
appointments and promotions within the Personnel System be
made "according to merit and fitness, to be ascertained
by competitive tests of competence" and that discipline
be given only for just cause.5
The Personnel System is legislatively defined by CRS §§
24-50-101 through
-617. According to the legislative declaration, the purpose
of the Act and the personnel rules adopted pursuant to it is
to provide a
sound, comprehensive, and uniform system of personnel
management and administration for the employees within the
personnel system as defined by the constitution of the state
of Colorado and laws enacted pursuant thereto, including all
employees of the state colleges and universities not
otherwise exempted by law.6
As a "merit system," the Personnel System is to
ensure that a "qualified and competent work force is
serving the residents of Colorado."7 Further, the
Personnel System assures that applicants and employees have
equal opportunities to apply and compete for state
employment.8
The Department of Personnel and Administration
("DPA") is responsible for the administration of
the Personnel System.9 This executive agency is the business
center for Colorado's state government and is responsible
for the state's approximately 46,000 employees.10 The
State Personnel Board ("Board") is a division of
the DPA.11 The Board is charged with adopting rules to govern
the Personnel System in accordance with the Colorado
Constitution.12 In addition, administrative law judges
("ALJs") employed by the Board hear appeals by
employees of the Personnel System.13 The Board has authority
to conduct a review of a decision by an ALJ.14
In 2003, Governor Owens established the Civil Service Reform
Commission "to review Colorado's state personnel
service system and to identify and recommend reforms to
better serve the needs of state government, public employees,
and taxpayers."15 The Commission is due to report its
findings and recommendations to the Governor in the fall of
2003.16
...
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