C.R.S. Section 24-50-112.5
Selection system

  • definitions
  • rules
  • report
  • repeal

(1)

Intentionally left blank —Ed.

(a)

The state personnel director shall establish procedures and directives necessary to implement a merit-based statewide selection system to be used uniformly by all principal departments. Such procedures and directives shall include, but are not limited to, procedures for acceptance of applications, job qualification standards for candidates, extension of eligible lists, consistent evaluation and examination procedures for equivalent job classifications, and development and administration standards for the comparative analysis process.

(b)

Intentionally left blank —Ed.

(I)

Appointments and promotions to positions shall be based on a fair and open comparative analysis of candidates based on objective criteria. Selections shall be made without regard to race, color, creed, religion, national origin, ancestry, age, sexual orientation, gender identity, gender expression, marital status, or political affiliation and without regard to sex or disability except as otherwise provided by law or subsection (8) of this section.

(II)

As used in this subsection (1)(b):

(A)

“Protective hairstyle” includes such hairstyles as braids, locs, twists, tight coils or curls, cornrows, Bantu knots, Afros, and headwraps.

(B)

“Race” includes hair texture, hair type, or a protective hairstyle that is commonly or historically associated with race.

(2)

Employment lists.

(a)

Employment lists shall be used in the following order of priority: Departmental reemployment lists, promotional eligible lists, and eligible lists. Where there is no departmental reemployment list, an appointing authority may consider another department’s reemployment list, together with eligible lists. Departmental reemployment lists shall contain the names of certified employees in a given department laid off for lack of work, lack of funds, or reorganization.

(b)

Candidates shall be placed on an eligible list and ranked based on the comparative analysis. Qualified candidates shall receive veterans’ preference as prescribed by section 15 of article XII of the state constitution and subsection (7) of this section. The person to be appointed to any position under the state personnel system shall be one of the six persons ranking highest on the eligible list or such lesser number as qualify.

(3)

Comparative analysis of candidates.

(a)

Each appointing authority shall develop the comparative analysis of candidates based on objective criteria to be used by the appointing authority. A comparative analysis must be a professionally accepted standard that compares specific job-related knowledge, skills, abilities, behaviors, and other competencies. A comparative analysis may include, but is not limited to, a written examination, oral board, or search committee. Only qualified applicants shall be included in a comparative analysis process. Applicants shall not be rejected solely because they do not have the education required, except where education is a prerequisite for a profession or is required by law. Where education is not a prerequisite or is not required by law, an applicant’s experience shall be considered.

(b)

Promotional comparative analysis shall be limited to qualified employees, including persons on reemployment lists. Performance evaluations may be utilized as part of a promotional comparative analysis plan.

(4)

Appeals.

(a)

Any person directly affected by the selection and comparative analysis process action may file a written appeal with the state personnel director. The appeal must be filed within ten days after the administration of the comparative analysis. The director or a designee of the director shall review the appeal in summary fashion on the basis of written material submitted in connection with such appeal, which may be supplemented by oral argument at the discretion of the director or designee.

(b)

The state personnel director may convene an advisory panel of qualified human resource selection professionals, with one member selected by the aggrieved person, to assist the director in making a decision. Except as otherwise provided in paragraph (d) of this subsection (4), the director shall issue a written decision within ninety days after receipt of a timely appeal. The selection and comparative analysis process action may be overturned only if the director finds the action to have been arbitrary, capricious, or contrary to rule or law. If the director fails to issue a decision within said ninety-day period, the original comparative analysis and outcome shall be final. A written decision on any appeal filed pursuant to this subsection (4) or the outcome of an appeal resulting from the failure to issue such a decision shall be subject to judicial review pursuant to section 24-4-106, unless the matter is appealed to the state personnel board pursuant to paragraph (e) of this subsection (4).

(c)

The state personnel director shall establish a process for timely resolving appeals within the ninety-day period and criteria for advisory panel selection and service. The process for resolving appeals shall specify that if an employee who has filed an appeal with the state personnel director also files an appeal with the state personnel board pursuant to section 24-50-123 or the Colorado civil rights division pursuant to section 24-50-125.3, only if the appeal filed with the board or the civil rights division arises out of the same incident as the appeal filed with the director, and if the appeal is filed before the expiration of the ninety-day period and before the director has issued a written decision, the ninety-day period shall be tolled until there is a final agency action by the board. The board shall establish rules for certification of a person to a position when an appeal is pending relative to the selection and comparative analysis process for that position.

(d)

When an employee who has filed an appeal with the state personnel director pursuant to this subsection (4) also files an appeal with the state personnel board pursuant to section 24-50-123 or the Colorado civil rights division pursuant to section 24-50-125.3, the ninety-day period specified in paragraph (b) of this subsection (4) shall be tolled until there is a final agency action by the board only if the appeal filed with the board or the civil rights division arises out of the same incident as the appeal filed with the director, is filed before the expiration of the ninety-day period, and is filed before the director has issued a written decision.

(e)

After the state personnel director’s final decision pursuant to this subsection (4), any person directly affected by the comparative analysis process may file a written appeal with the state personnel board. The petition must be filed within ten days after the state personnel director’s final decision has been received by the affected person. The board may grant the petition only when it appears that the decision of the appointing authority violates the comparative analysis standards set forth in this section, in any other provision of law, or in any rules or procedures relating to the comparative analysis process. The board shall review and summarily grant or deny a petition within one hundred twenty days of receipt of the petition. Any petition granted shall be determined in accordance with section 24-50-125.4.

(5)

Appointments.

(a)

Only a qualified candidate shall be appointed to a position in the state personnel system. A qualified employee may transfer between positions in the same class or to a different class at the same pay grade. The gaining organization shall assume all liability for the employee’s base salary, credited leave accruals, and other applicable personnel system benefits.

(b)

The board shall establish probationary periods for all persons who are initially appointed or promoted into a different position or who are in a position reallocated to a higher pay grade. The probationary period shall not exceed twelve months for any class or position. The person shall be certified to such class or position after satisfactory completion of any probationary period as demonstrated by performance evaluations. Unsatisfactory performance shall be grounds for dismissal of the person by the appointing authority during such probationary period without right of appeal. Any certified employee who is promoted to a different class or position and who fails to perform satisfactorily during the probationary period shall be reverted to a position in the former certified class or be disciplined.

(6)

State auditor’s employees.
The state personnel director may, following consultation with the state auditor and consistent with the principles of separation of powers, establish special procedures governing appointment and promotion of employees of the state auditor’s office. The procedures shall address the special situations, circumstances, and duties unique to employees of the state auditor’s office. All procedures shall be consistent with sections 13, 14, and 15 of article XII of the state constitution.

(7)

Veterans’ preference for spouse.

(a)

If a candidate is the spouse of a disabled veteran who is unable to work, and who can provide proof of such disability pursuant to paragraph (b) of this subsection (7), and who is eligible for preference in hiring pursuant to section 15 of article XII of the state constitution, the candidate is eligible for preference in hiring as follows:

(I)

If a numerical method is used for the comparative analysis of candidates, five points shall be added to the comparative analysis score of the candidate.

(II)

If a nonnumerical method is used for the comparative analysis of candidates, the candidate shall be added to the interview eligible list.

(b)

To be eligible for preference pursuant to this subsection (7), a candidate who is the spouse of a disabled veteran must provide a letter, obtained by the disabled veteran from the United States department of veterans affairs, certifying that the veteran is a disabled veteran and is unable to work due to the nature of his or her disability as determined by the United States department of veterans affairs. For purposes of this subsection (7), the certification letter is valid for twelve months following the date of issuance by the United States department of veterans affairs. In addition, the candidate must provide proof that he or she is the legally recognized spouse of the veteran who obtained the letter pursuant to this paragraph (b).

(c)

A candidate is not eligible for preference pursuant to this subsection (7) with respect to a promotional opportunity. Any promotional opportunity that is also open to persons other than employees for whom such appointment would be a promotion shall be considered a promotional opportunity for the purposes of this paragraph (c).

(8)

Hiring preference pilot program for persons with disabilities.

(a)

Intentionally left blank —Ed.

(I)

The executive director of the department of labor and employment, in collaboration with the state personnel director, shall develop and implement a hiring preference pilot program for persons with disabilities applying for a position in the department.

(II)

When the department uses a nonnumerical method under the pilot program for the comparative analysis of candidates for a position in the department, the department shall add all applicants who are eligible for the preference for people with disabilities and who meet all minimum and special qualifications under this subsection (8) to the referral list for interview.

(III)

When the department uses a numerical method under the pilot program for the comparative analysis of candidates for a position in the department, the department shall add five points to the final score of the applicant when all elements of the selection process are completed, but prior to referral of an applicant for interview for the position.

(IV)

An applicant is eligible for a preference under this subsection (8) if the candidate:

(A)

Meets the minimum qualifications or any other requirements for the position;

(B)

Is a person with a disability, as defined in the federal “Americans with Disabilities Act of 1990”, 42 U.S.C. sec. 12101 et seq., as amended, who has voluntarily identified as a person with a disability on the application for the position and who has requested to participate in the pilot program; and

(C)

Submits proof of a disability in a form and manner specified under the pilot program.

(V)

An applicant may be given both the veteran’s preference and a disability preference, but an applicant is not eligible for both a disabled veteran’s preference and a disability preference.

(b)

The pilot program is not available to a candidate seeking a promotion or to a person currently employed by the state.

(c)

When the pilot program is developed under this subsection (8):

(I)

The state personnel director shall adopt or amend rules as necessary to enable the implementation of the pilot program;

(II)

The department shall implement the pilot program no later than January 1, 2023;

(III)

The state personnel director may allow other principal departments to implement the pilot program for appointments to positions within those departments; and

(IV)

The pilot program may not be used by any principal department after December 31, 2027.

(d)

By November 1, 2027, any principal department that participates in the pilot program shall submit a report to the state personnel director. The state personnel director shall compile all reports and submit one final report to the house business affairs and labor committee and the senate business, labor, and technology committee, or any successor committees. The report must include at least the following information:

(I)

The period when the pilot program was used by the department;

(II)

The number of applicants for appointments within the department that opted to participate in the pilot program;

(III)

The number of persons with disabilities who were appointed to positions within the department; and

(IV)

Any other determining factors of data that may affect the implementation of a permanent program.

(e)

As used in this subsection (8):

(I)

“Department” means the department of labor and employment.

(II)

“Pilot program” means the hiring preference pilot program, created in this subsection (8), for people with disabilities.

(f)

This subsection (8) is repealed, effective December 31, 2027.

Source: Section 24-50-112.5 — Selection system - definitions - rules - report - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-24.­pdf (accessed Oct. 20, 2023).

24‑50‑101
Short title - legislative declaration - terminology
24‑50‑102
Department of personnel - state personnel director
24‑50‑103
State personnel board
24‑50‑103.5
Department of personnel - review
24‑50‑104
Job evaluation and compensation - state employee reserve fund - created - study - report - definitions - repeal
24‑50‑104.5
Compliance with federal laws
24‑50‑109.5
Fiscal emergencies - emergency orders
24‑50‑110
Budget control - personal services
24‑50‑112.5
Selection system - definitions - rules - report - repeal
24‑50‑114
Temporary appointments - term - tenure
24‑50‑116
Standards of performance and conduct
24‑50‑117
Prohibited activities of employees
24‑50‑122
Opportunities for training - professional development center cash fund - creation - rules
24‑50‑123
Grievances - review
24‑50‑124
Reduction of employees - definition
24‑50‑125
Disciplinary proceedings - appeals - hearings - procedure - definitions
24‑50‑125.3
Discrimination appeals
24‑50‑125.4
Hearings
24‑50‑125.5
Recovery for improper personnel action
24‑50‑126
Resignation - procedure and effect
24‑50‑127
Employee records - release of location information concerning individuals with outstanding felony arrest warrants - state personnel director’s duties
24‑50‑128
Certification required before salary paid
24‑50‑129
Appointing authority’s salary liability
24‑50‑130
Form of records and reports
24‑50‑131
Subpoena powers
24‑50‑132
Political considerations and prohibited activities
24‑50‑133
Subversive acts - disqualification
24‑50‑134
Moving and relocation expenses
24‑50‑135
Exemptions from personnel system
24‑50‑136
Persons brought into the personnel system
24‑50‑137
Persons holding exempted positions
24‑50‑138
Effect of transfer of powers, duties, and functions
24‑50‑140
Reports on other employment systems
24‑50‑141
Rules and regulations - limitations - affirmative action corrective remedies - implementation
24‑50‑142
Repayment of debts to state-supported institutions of higher education by state employees
24‑50‑145
Agency-based human resource innovation and management processes - legislative declaration - definitions - guidelines and goals
24‑50‑146
Colorado statewide equity office - legislative declaration
24‑50‑201
Legislative declaration
24‑50‑203
Preretirement education and counseling
24‑50‑206
Cooperation of public employees’ retirement association
24‑50‑208
Voluntary separation incentive program
24‑50‑301
Status while in military service
24‑50‑302
Rights
24‑50‑303
No compensation - rights of National Guard
24‑50‑304
Applicability
24‑50‑401
Office hours of state offices
24‑50‑402
Appointment by outgoing officers prohibited
24‑50‑501
Legislative declaration
24‑50‑502
Definitions
24‑50‑503
Personal services contracts implicating state personnel system - no separation of existing classified employees
24‑50‑504
Personal services contracts not implicating state personnel system
24‑50‑505
Liability and immunity
24‑50‑506
Applicability of other laws
24‑50‑507
Conflict of interest
24‑50‑508
Intergovernmental agreements - agreements by state institutions of higher education - excluded
24‑50‑509
Review of individual contracts by state personnel director - when not required
24‑50‑511
State personnel director procedures
24‑50‑512
State personnel board rules
24‑50‑513
Contracts of six months or less - permitted
24‑50‑601
Short title
24‑50‑602
Legislative declaration
24‑50‑603
Definitions
24‑50‑604
Powers and duties of the director
24‑50‑605
Group benefit plans - specifications - contracts
24‑50‑607
Employees - eligibility - election of coverage
24‑50‑608
Dependents - eligibility - election of coverage
24‑50‑609
State contributions - supplemental state contribution fund - creation
24‑50‑609.5
Supplemental state contribution for eligible state employees - legislative declaration - definitions
24‑50‑610
Payroll deductions - employees
24‑50‑611
Employer payments
24‑50‑612
Administrative duties
24‑50‑613
Group benefit plans reserve fund
24‑50‑614
State payments - authority of controller
24‑50‑615
Continuation of previously existing benefits for persons absorbed by the state personnel system
24‑50‑618
Group benefit plans - institutions of higher education
24‑50‑619
Continuation of dental or medical benefits - dependents of state employee - work-related death - definitions
24‑50‑620
Targets for investment in primary care
24‑50‑801
Legislative declaration
24‑50‑802
Definitions
24‑50‑804
Development of recommendations for an employee incentive program
24‑50‑805
Institutions of higher education - alternative employee incentive programs
24‑50‑901
Legislative declaration
24‑50‑902
Definitions
24‑50‑903
State employee idea application
24‑50‑1001
Definitions
24‑50‑1002
State agencies with access to federal tax information - authorization for background checks - procedure - costs
24‑50‑1003
County departments with access to federal tax information - authorization for background checks - procedure - costs
24‑50‑1004
State agencies sharing federal tax information with other state agencies
24‑50‑1101
Short title
24‑50‑1102
Definitions
24‑50‑1103
Duties and responsibilities of the division - rules
24‑50‑1104
Duties and responsibilities of the director - rules
24‑50‑1105
Partnership units
24‑50‑1106
Covered employees’ choice of certified employee organization - rules
24‑50‑1107
Rights of covered employees
24‑50‑1108
Rights of certified employee organizations
24‑50‑1109
Duties of the certified employee organization
24‑50‑1110
Executive and management rights
24‑50‑1111
Duties of the state
24‑50‑1112
Partnership agreements
24‑50‑1113
Dispute resolution
24‑50‑1114
Maintenance of the partnership relationship
24‑50‑1115
Judicial review
24‑50‑1116
Construction of other laws
24‑50‑1117
Implementation and administration - costs
24‑50‑1201
Short title
24‑50‑1202
Legislative declaration - intent
24‑50‑1203
Definitions
24‑50‑1204
Competitive pharmacy benefit manager - contract - requirements
Green check means up to date. Up to date

Current through Fall 2024

§ 24-50-112.5’s source at colorado​.gov