Certification required before salary paid.

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(1) No salary shall be paid to any officer or employee of the state within the state personnel system as provided by the constitution unless the state personnel director has certified that the employment is in accordance with this part 1.

(2) and (3) Repealed.

Source: L. 72: R&RE, p. 174, § 1. C.R.S. 1963: § 26-1-28. L. 79: (3) added, p. 947, § 2, effective July 1. L. 93: (2) and (3) repealed, p. 286, § 2, effective April 7.

  1. Appointing authority's salary liability. If any appointment is willfully made contrary to the provisions of this part 1, the appointing authority shall be personally responsible for any salary liability incurred.

Source: L. 72: R&RE, p. 174, § 1. C.R.S. 1963: § 26-1-29.

  1. Form of records and reports. The state personnel director shall prescribe the form of records and reports required to give effect to this article, and all appointing authorities shall maintain and submit the reports and records required.

Source: L. 72: R&RE, p. 174, § 1. C.R.S. 1963: § 26-1-30.

  1. Subpoena powers. The board, its administrative law judges, and the state personnel director, in the performance of their duties under this article, shall have the power of subpoena over persons and records, and such powers shall be enforceable by the courts.

Source: L. 72: R&RE, p. 175, § 1. C.R.S. 1963: § 26-1-31. L. 94: Entire section amended, p. 93, § 3, effective March 15.

  1. Political considerations and prohibited activities. Employees in the state personnel system shall be selected without regard to political considerations, shall not use any state facility or resource or the authority of any state office in support of any candidate, and shall not campaign actively for any candidate on state time or in any manner calculated to exert the influence of state employment.

Source: L. 72: R&RE, p. 175, § 1. C.R.S. 1963: § 26-1-32.

Cross references: For prohibition of political activity by the Colorado state patrol, see § 24-33.5-215.

  1. Subversive acts - disqualification. No person shall be appointed to or retained in any position in the state personnel system who advocates or knowingly belongs to any organization that advocates the overthrow of the government of the United States by force or violence, with the specific intent of furthering the aims of such organization.

Source: L. 72: R&RE, p. 175, § 1. C.R.S. 1963: § 26-1-33.

Cross references: For criminal provisions dealing with advocating the overthrow of the government, see part 2 of article 11 of title 18.

  1. Moving and relocation expenses. (1) When an employee in the state personnel system is required by any appointing authority, because of a change in assignment or a promotion or for any other reason related to his or her duties, to change his or her place of residence, such employee shall be allowed his or her moving expenses incurred by reason of such change of residence. Moving expenses may include the reasonable expenses of moving household goods and personal effects and the reasonable costs of traveling to the employee's new residence. Any reimbursement pursuant to this subsection (1) shall be made in accordance with rules promulgated by the state controller and in compliance with the regulations of the federal internal revenue service.

  1. When an employee is required by any appointing authority, because of a change inassignment or a promotion or for any other reason related to his or her duties, to change his or her place of residence, such employee shall be allowed relocation expenses in the form of a per diem allowance up to a maximum of thirty days for necessary expenses incurred while relocating a permanent residence. The employee may choose to exclude interruptions caused by sick leave, vacation, other authorized leave of absence, or ordered travel. The rates of reimbursement for relocation expenses shall not exceed the rates fixed by executive order. Any per diem payments made pursuant to this subsection (2) shall be in accordance with rules promulgated by the state controller and in compliance with the regulations of the federal internal revenue service.

  2. The state controller shall promulgate rules in accordance with the "State Administrative Procedure Act", article 4 of this title 24, for the implementation of this section. Such rules shall be in accordance with the regulations of the federal internal revenue service and shall include the following:

  1. The circumstances under which an employee is eligible to claim moving expensesand relocation expenses pursuant to this section;

  2. The nature of moving expenses and relocation expenses that a state employee mayclaim pursuant to this section;

  3. The maximum amount of moving expenses an employee may claim pursuant to thissection; and

  4. Any other rules deemed necessary by the state controller for the administration ofthis section in compliance with the regulations of the federal internal revenue service.

Source: L. 72: R&RE, p. 175, § 1. C.R.S. 1963: § 26-1-34. L. 77: Entire section R&RE, p. 1222, § 1, effective July 1. L. 83: (4)(b), (4)(c), and (5) amended, p. 859, § 3, effective June 3; (4)(b.1), (4)(c.1), and (5.1) added, p. 860, § 6, effective July 1, 1985. L. 87: (4)(b.1) and (4)(c.1) amended, p. 935, § 2, effective April 22. L. 97: IP(4) amended, p. 1020, § 33, effective August 6. L. 2018: Entire section R&RE, (SB 18-121), ch.78, p. 663, § 2, effective August 8.

Editor's note: Subsections (4)(b), (4)(c), and (5) provided for the repeal of those provisions, effective June 30, 1985. (See L. 83, p. 859.)

Cross references: (1) For mileage allowances, see § 24-9-104.

(2) For the legislative declaration in SB 18-121, see section 1 of chapter 78, Session Laws of Colorado 2018.


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