(1) In order to perform the duties and functions set forth in this part 11, the executive director of the department of personnel shall, in relation to departments, institutions, and agencies of the executive branch:
Approve the equipment, software related to services, and facilities with which specific services shall be performed by or for any state department, institution, or agency in accordance with the approved plan;
Prescribe standards governing the selection and operation of service equipment by orfor any state department, institution, or agency;
Adopt such rules and regulations as may be necessary to carry out the purposes andprovisions of this part 11;
Contract for such services as the department of personnel may require for purposesof this part 11;
Require such reports from other departments, institutions, and agencies as may benecessary;
Recommend to the governor the transfer of funds, equipment, supplies, and personnelfrom existing departments, institutions, and agencies to the department of personnel or to such other agency as may be necessary to accomplish the purposes of this part 11, such transfer to be effective upon the approval by the governor;
Certify for evidentiary purposes as true copies of the originals, before the originalsare destroyed or lost, photographs, microphotographs, or reproductions on film created by the department of personnel. Such certified photographs, microphotographs, or reproductions shall have the same legal force and effect as if certified by the original custodian of the records.
In performance of such microfilm services as may be requested by the custodians ofthe types of documents referred to in this paragraph (h):
Have rights of reasonable access in person or through employees to all types of nonconfidential documents in the possession of the state of Colorado, its departments, institutions, or agencies;
Have rights of reasonable access in person or through specifically designated employees to all types of confidential documents in the possession of the state of Colorado, its departments, institutions, or agencies;
Assist custodians of documents upon which microfilm, digital imaging, and digitalconversion services have been performed in the lawful disposition of such documents pursuant to section 24-80-103;
Have power to enter into contracts with other governmental entities in the state ofColorado for the purpose of furnishing services;
Establish policies jointly with the supreme court of the state of Colorado for the expungement and sealing of official state records with a view to the technical and evidentiary problems attendant to expungement or sealing of photographs, microphotographs, and reproductions.
(2) (a) Except in accordance with judicial order or as otherwise provided by law, the executive director or the employees of the department of personnel shall not divulge or make known in any way any information disclosed in any confidential document to which the employees have access in performing the duties specified in this part 11.
(b) Officials or employees of the state who violate this subsection (2) are guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than five hundred dollars nor more than five thousand dollars, or by imprisonment in the county jail for not less than six months nor more than two years, or by both such fine and imprisonment. Such persons shall, in addition to these penalties, be subject to removal or dismissal from public service on grounds of malfeasance in office.
Source: L. 77: Entire part added, p. 1179, § 3, effective June 20. L. 95: IP(1) and (1)(f) amended, p. 648, § 48, effective July 1. L. 96: IP(1), (1)(d), (1)(f), (1)(g), and (2)(a) amended, p. 1500, § 11, effective June 1. L. 2004: (1)(a) and (1)(h)(III) amended, p. 307, § 4, effective August 4.
Cross references: For the legislative declaration contained in the 1995 act amending the introductory portion to subsection (1) and subsection (1)(f), see section 112 of chapter 167, Session Laws of Colorado 1995.