C.R.S. Section 24-50-125
Disciplinary proceedings

  • appeals
  • hearings
  • procedure
  • definitions

(1)

A person certified to any class or position in the state personnel system may be dismissed, suspended, or otherwise disciplined by the appointing authority upon written findings of failure to comply with standards of efficient service or competence or for willful misconduct, willful failure or inability to perform his duties, or final conviction of a felony or any other offense which involves moral turpitude, or written charges thereof may be filed by any person with the appointing authority, which shall be promptly determined. In considering the conviction of a crime, the board shall be governed by the provisions of section 24-5-101.

(1.5)

Intentionally left blank —Ed.

(a)

In considering any disciplinary action pursuant to this section against an employee who is certified to any class or position in the state personnel system for engaging in violent behavior or a threat of violent behavior against another person while on duty, the appointing authority shall give predominant weight to the safety of the other person over the interests of the employee. For purposes of this subsection (1.5), “violent behavior” means any act or threat of physical, verbal, or psychological aggression or the destruction or abuse of property by any individual. A threat may include a veiled, conditional, or direct threat in verbal, written, electronic, or gestural form, resulting in intimidation, harassment, harm, or endangerment to the safety of another person or property.

(b)

If the appointing authority finds that the employee has engaged in violent behavior or a threat of violent behavior against another person, the appointing authority may take such disciplinary action as the appointing authority deems appropriate, up to and including termination, taking into consideration the harm or risk of harm to the person created by the employee’s actions. Nothing in this subsection (1.5)(b) affects the constitutional or statutory due process rights afforded to an employee who is certified to any class or position in the state personnel system.

(c)

This subsection (1.5) applies regardless of whether the employee has been charged with or convicted of a crime.

(2)

Any certified employee disciplined under subsection (1) of this section shall be notified in writing by the appointing authority, by certified letter or hand delivery, no later than five days following the effective date of the action, of the action taken, the specific charges giving rise to such action, and the employee’s right of appeal to the board. The notice shall include a statement setting forth the time limit for filing an appeal with the board, the address of the board, the requirement that the appeal be in writing, and the availability of a standard appeal form. Upon failure of the appointing authority to notify the employee in accordance with this subsection (2), the employee shall be compensated in full for the five-day period and until proper notification is received.

(3)

Within ten days after the receipt of the notification required by subsection (2) of this section or within such additional time as may be permitted by the board in unusual cases for good cause shown, the employee may petition the board for a hearing upon the action taken. Upon receipt of such petition, the board shall grant a hearing to the employee. If the employee fails to petition the board within ten days or within such additional time granted by the board, the action of the appointing authority shall be final and not further reviewable.

(4)

The hearing shall be held within ninety days of receipt of the employee’s appeal pursuant to the provisions of section 24-50-125.4. The employee shall be entitled to representation of his or her own choosing at his or her own expense, consistent with the rules of the Colorado supreme court concerning the unauthorized practice of law. The board shall cause a verbatim record of the proceedings to be taken and shall maintain the record. At the conclusion of the hearing, but not later than forty-five days after the conclusion of the hearing, the board shall make public written findings of fact and conclusions of law affirming, modifying, or reversing the action of the appointing authority, and the appointing authority shall thereupon promptly execute the findings of the board.

(5)

In addition, upon request by the employee or the employee’s representative and within the period provided in section 24-50-125.4 (2), the board shall hold a hearing on an appeal for any certified employee in the state personnel system who protests any action taken that adversely affects the employee’s current base pay as defined by board rule, status, or tenure. A probationary employee shall be entitled to all the same rights to a hearing as a certified employee; except that such probationary employee shall not have the right to a hearing to review any disciplinary action taken pursuant to subsection (1) of this section while a probationary employee. This subsection (5) shall not apply to appeals brought pursuant to section 24-50-104.

(6)

Disciplinary hearings shall be limited to those specified in this section.

(7)

Failure, without good cause, of an employee or his representative to appear at a hearing shall be deemed a withdrawal of his appeal, and the action of the appointing authority shall be final. Failure, without good cause, of the appointing authority or his representative to appear at a hearing shall be deemed cause to dismiss the case and to award the employee all rights, salaries, and benefits as though the employee had won the appeal.

Source: Section 24-50-125 — Disciplinary proceedings - appeals - hearings - procedure - definitions, 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

§ 24-50-125’s source at colorado​.gov