(1) The department of personnel to which powers, duties, and functions of the civil service commission are transferred shall be the successor in every way with respect to such powers, duties, and functions, subject to the provisions of the state constitution. Every act performed in the exercise of such powers, duties, and functions by the department of personnel shall be deemed to have the same force and effect as if performed by the civil service commission prior to July 1, 1971. Whenever the civil service commission is referred to or designated by any law, contract, insurance policy, bond, or other document, such reference or designation shall be deemed to apply to the state personnel board or the state personnel director, as the case may be, in which the powers, duties, and functions of the civil service commission are vested.
No suit, action, or other proceeding, judicial or administrative, lawfully commencedby or against the civil service commission or by or against any officer or member of the civil service commission in his official capacity or in relation to the discharge of his official duties shall abate by this part 1. The court may allow the suit, action, or other proceeding to be maintained by or against the state personnel board or the state personnel director, as the case may be, or any officer affected.
No criminal action commenced or which could have been commenced by the stateshall abate by the taking effect of this part 1.
Source: L. 72: R&RE, p. 178, § 1. C.R.S. 1963: § 26-1-38.
Administrative law judges - duties - qualifications - repeal. (Repealed)
Source: L. 72: R&RE, p. 178, § 1. C.R.S. 1963: § 26-1-39. L. 77: Entire section amended, p. 282, § 42, effective June 29. L. 94: Entire section amended, p. 93, § 4, effective March 15. L. 2004: (2) added by revision, pp. 1695, 1704, §§ 33, 49.
Editor's note: Subsection (2) provided for the repeal of this section, effective July 1, 2005. (See L. 2004, pp. 1695, 1704.)
Reports on other employment systems. In order to provide for the coordination of the state personnel system with other systems of state employees, no later than November 15 of each year, each department or agency of state government having employees who are not within the state personnel system, including but not limited to the state institutions of higher education and the judicial department, shall submit to the joint budget committee and any member of the general assembly so requesting such copy a classification plan for those employees not within the state personnel system, including a preliminary estimate of the number of such employees and their salary levels for the ensuing fiscal year and a statement of the pay increase policies and procedures utilized by the department or agency. No later than January 1 next following, each such department or agency shall transmit to the joint budget committee and any member of the general assembly so requesting such copy a final estimate of the number of such employees and their salary levels for the ensuing fiscal year.
Source: L. 72: p. 183, § 1. C.R.S. 1963: § 26-1-40.
Rules and regulations - limitations - affirmative action corrective remedies - implementation. (1) It is the intent of the general assembly to encourage the implementation of equal employment opportunities and affirmative action corrective remedies within the state personnel system which preserve the merit principles contained in section 13 of article XII of the state constitution and this article and which disavow and prohibit the imposition of a mandatory quota system. Until January 1, 1980, and while underutilization of and invidious discrimination against members of ethnic and racial minorities and women exist and continue to exist within the state personnel system, the board is authorized to adopt and implement rules and regulations which carry out the intent of this section. Such rules and regulations shall be implemented only upon written findings by the state personnel director in each instance that the following conditions exist with reference to specific appointments and promotions within the state personnel system:
The appointing authority has voluntarily requested referrals for affirmative actionpurposes;
There is discriminatory underutilization of members of the ethnic or racial minoritygroup or women for which the referral has been requested, within the agency, in the class for which an appropriate eligible list or combination of eligible lists has been compiled; and
The test or selection devices for the compilation of such eligible list or lists have notbeen validated according to applicable employee selection guidelines.
Rules and regulations of the state personnel system adopted and implemented inaccordance with this section, except rules and regulations relating to grievance and appeal procedures within the state personnel system and based on allegations of discrimination, are repealed, effective January 1, 1980, and the authority of the board to adopt and implement any affirmative action corrective remedy or rule, which allows or provides for, or incorporates by reference, requisitions or referrals which are in addition to the names of the three persons ranking highest on the appropriate eligible list or combination of such lists, is terminated on such date.
Repealed.
Source: L. 77: Entire section added, p. 1945, § 7, effective June 9. L. 96: (3) repealed, p. 1269, § 195, effective August 7.