Exceptions - definition.

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(1) The provisions of this article 19 shall not apply to the following:

  1. Any employee employed by the state government or any other governmental unitwho is to hold his or her position of employment during efficient service or until reaching retirement age under an employment system denominated as civil service, classified service, or any similar employment system classification;

  2. Any tenured or tenure track faculty member whose primary job assignment is teaching, research, or both teaching and research and who is employed at a state institution of higher education or any specialty track faculty member whose primary job assignment is clinical care and who is employed at a state institution of higher education;

  3. Any employee employed by a unit of local government whose governing body isdirectly elected by the electors of such local government;

  4. Any certified employee who is separated from state service due to lack of work, lackof funds, or reorganization and who receives postemployment compensation or other benefits authorized by a layoff plan established by the state personnel director pursuant to section 24-50124 (1)(d)(I); or

  5. Any employee employed at a state institution of higher education whose position isfunded by revenues generated through auxiliary activities. For purposes of this subsection (1)(e), "auxiliary activities" means institutional activities managed and accounted for as self-supporting activities.

Source: L. 93: Entire article added, p. 667, § 1, effective July 1. L. 95: (1)(b) amended,

p. 57, § 7, effective March 20. L. 2012: (1)(b) and (1)(c) amended and (1)(d) added, (HB 121321), ch. 260, p. 1340, § 3, effective September 1. L. 2017: IP(1), (1)(c), and (1)(d) amended and (1)(e) added, (SB 17-041), ch. 52, p. 163, § 1, effective August 9.

Cross references: In 2012, subsections (1)(b) and (1)(c) were amended and (1)(d) added by the "Modernization of the State Personnel System Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 260, Session Laws of Colorado 2012.


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