Board Rulemaking

One of the Board's constitutional duties is to adopt rules to govern the State Personnel System.  The Board's rulemaking authority is established in Article XII, Section 14(3) of the Colorado Constitution.  Moreover, the Board may adopt rules pursuant to the Administrative Procedure Act, C.R.S. Section 24-4-103.  If there is nothing below, then the Board is not currently engaged in rulemaking.

JUNE 21, 2022 RULEMAKING

At the March 15, 2022, Board Meeting, the Board voted to initiate rulemaking related to Board Rule 1-19 and some clean up corrections.  Below are the documents filed by the Board with the Secretary of State related to that rulemaking:

Notice of Hearing

Statement of Basis & Purpose

Proposed Rules Redlined

Proposed Rules Changes Accepted

Please note that the Rulemaking will start at the earlier of the conclusion of the Board’s regularly scheduled business or 10:00 a.m.  

Below is the Zoom webinar information for attending the June Board Meeting and Rulemaking Hearing:

When: Jun 21, 2022 09:00 AM Mountain Time (US and Canada)
Topic: State Personnel Board Meeting & Rulemaking

Register in advance for this webinar:
https://us06web.zoom.us/webinar/register/WN_BBZ726y8QuqChDTJGC275g


 

Below please find the proposed Board Rules for the June 21, 2022 rulemaking:

BOARD RULE 1-19

Board Rule 1-19. An employee may voluntarily and knowingly waive, in writing, all rights under the state personnel system, except where prohibited by state or federal law.

By law, the State Personnel Board has exclusive jurisdiction over claims by an employee involving certain matters. Employees may not waive their rights to file a claim before the State Personnel Board regarding, but not limited to, the following matters:

1) Disciplinary Actions;

2) Actions that adversely affect an employee’s pay, status, or tenure; and

3) Claims under the State Employee Protection Act (a/k/a Whistleblower Act) by a classified state employee.

In circumstances where an employee or an applicant may waive their rights under the state personnel system, the waiver must:

1) Be made in writing;

2) Be signed by the employee or applicant;

3) Indicate it is knowing and voluntary;

4) Advise employees and applicants of their rights under the Colorado Constitution at Article XII, Section 13 and under the State Personnel System Act, including rights to appeal; and

5) Notify an employee or applicant that they may obtain information regarding the State Personnel Board on the Board’s website (spb.colorado/gov).

BOARD RULE 1-5

Unless otherwise ordered, all materials to be considered by the Board at its monthly meeting shall be received in the Board’s office at least fourteen (14) twelve (12) calendar days before the meeting. The party shall provide the original and nine (9) copies of all materials to be considered by the Board, except as otherwise provided in these rules.

Clean up for consistency with Rule 8-54(B).

 

BOARD RULE 8-7(C)

If a deadline falls on a weekend, official state holiday, or office closure by governor order, the deadline is extended to the next regular business day.

Clean up for scrivener error.

 

BOARD RULE 8-25(A)(2)

Respondent shall file its Information Sheet with the Board within ten (10) days from its tits receipt of Complainant’s Information Sheet.

Clean up for scrivener error.

 

BOARD RULE 8-25(A)(3)

Complainant may file a reply in further support of Complainant’s Information Sheet within five (5) days of Complainant's receipt of Respondent's Information Sheet..

Clean up for scrivener error (two periods at end of sentence).

 

BOARD RULE 8-35(H)

Exhibits. A list of any exhibits the party intends to offer as evidence at the hearing; statement regarding whether the party will be calling any expert witness;

Clean up for scrivener error.

 

BOARD RULE 9-3

Discrimination and/or harassment against any person is prohibited because of disability, race, creed, color, sex, sexual orientation, gender identity, gender expression, religion, age, national origin, ancestry, political affiliation, veteran’s status, marital status, gender identity or any other protected class recognized under the Colorado Anti-Discrimination Act (CADA). This applies to all employment decisions

Revise so Rule mirrors amended C.R.S. § 24-34-402(1)(a).

 

BELOW PLEASE FIND WRITTEN COMMENTS:

From Colorado WINS on June 16, 2022

From the University of Colorado on June 17, 2022

DRAFTS FOR INFORMAL COMMENTS.

If there are any chapters for informal comments, they are provided here.

You may provide any comments directly to Rick Dindinger.  You may contact him at rick.dindinger@state.co.us or by phone at 303-866-5776.  You can also write him at 1525 Sherman Street, 4th Floor, Denver, Colorado  80203.