(1) Except as otherwise provided by law, such officers and employees as may be necessary in each principal department or institution of higher education shall be appointed by the head of each such department or institution in conformity with section 13 of article XII of the constitution of the state and the laws enacted in accordance therewith.
(2) The head of each principal department shall certify to the governor the number of officers and employees needed or required for the operation of his or her department for the ensuing twelve-month period in accordance with article 37 of this title.
(3) If, after appointments have been made to any principal department, the governor is of the opinion that the appointed personnel of any such department is in excess of its needs, the governor may require the separation of any of said appointees if ten days' prior notice of the proposed action is given by the governor to the head of any such department affected and opportunity given to such head within said ten-day period to be heard as to the necessity for the retention of all or any of said appointees proposed to be separated. The decision of the governor after such hearing shall be final and conclusive.
(4) Repealed.
(5) Elective officers shall not be subject to the provisions of this article 2, parts 2 and 11 of article 30, and articles 31, 35, 36, and 101 to 111 of this title 24.
Source: L. 41: p. 37, � 5. CSA: C. 3, �� 5, 6. CRS 53: � 3-1-5. C.R.S. 1963: � 3-1-4. L. 68: p. 137, � 171. L. 72: p. 182, �� 2, 3. L. 81: (4) amended, p. 1286, � 4, effective January 1, 1982. L. 91: (4) amended, p. 805, � 2, effective July 1. L. 95: (4) amended, p. 1103, � 35, effective May 31. L. 99: (1) amended, p. 164, � 23, effective August 4. L. 2004: (1) and (2) amended, p. 1693, � 29, effective July 1, 2005. L. 2025, 1st Ex. Sess.: (4) repealed and (5) added, (SB 25B-001), ch. 11, p. 69, � 2, effective August 28.
Editor's note: (1) Subsection (4) was relocated to � 24-75-201.5 (1) in 2025.
(2) Section 4 of chapter 11 (SB 25B-001), Session Laws of Colorado 2025, First Extraordinary Session, provides that the act changing this section applies to revenue estimates and interim revenue estimates presented, and executive orders issued, on or after August 28, 2025.
Cross references: For power of the head of a principal department to discontinue divisions, sections, or units other than those created by law, see � 24-1-107.
24-2-103. Compensation of heads of departments and other officers and employees. (1) (a) Except as provided in paragraph (b) of this subsection (1), officers and employees of the state who are exempt from the state personnel system shall receive compensation as fixed by law. Any officer or employee who receives compensation as fixed by law shall not receive compensation or fees from more than one department or institution of higher education or in more than one capacity; except that the lieutenant governor may be compensated for any additional duties and functions relating to a department or institution of higher education as may be authorized by law.
(b) If the compensation of an officer or employee who is exempt from the state personnel system is not fixed by law, the officer's or employee's compensation shall be determined as follows:
(I) The governor shall determine the compensation for the head of each principal department, and the head of each principal department shall determine the compensation for officers and employees of the department.
(II) The governing board of each institution of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S., shall determine the compensation for the head of the institution, and the head of each institution shall determine the compensation for officers and employees of the institution.
(c) Officers and employees in the state personnel system shall receive compensation pursuant to section 13 of article XII of the state constitution and the compensation system established by the state personnel director pursuant to article 50 of this title. Officers and employees in the state personnel system shall not receive compensation or fees from more than one department or institution of higher education except as permitted by rules adopted by the state personnel director in accordance with article 4 of this title that are consistent with the overtime provisions of section 24-50-104.5.
(d) Nothing in this subsection (1) shall prevent departments and institutions of higher education, including the Auraria higher education center established in article 70 of title 23, C.R.S., from sharing personnel if the terms and conditions of the personnel sharing agreement are in writing and include a provision concerning the distribution of compensation.
(2) Upon declaration of a fiscal emergency made pursuant to section 24-50-109.5 (1) and the subsequent imposition of mandatory furloughs or other measures to reduce personnel expenditures, such measures shall apply not only to state personnel system employees but shall be likewise imposed upon all other officers and employees of the executive branch, if exempt from the state personnel system, except as otherwise provided by law or prohibited by contract.
Source: L. 41: p. 39, � 6. CSA: C. 3, � 7. CRS 53: � 3-1-6. L. 61: p. 128, � 1. C.R.S. 1963: � 3-1-5. L. 68: p. 138, � 172. L. 73: p. 166, � 1. L. 83: Entire section amended, p. 848, � 1, effective May 31. L. 2004: (1) R&RE, p. 1536, � 1, effective May 28. L. 2011: (1)(a) amended, (HB 11-1155), ch. 90, p. 265, � 2, effective April 6. L. 2012: (1)(b)(II) and (1)(d) amended, (HB 12-1081), ch. 210, p. 903, � 4, effective August 8.