(1) (a) When certified employees who, as of January 1, 2013, are within five years from being eligible for full retirement pursuant to section 24-51-602 (1)(a) are separated from state service, they shall be separated or demoted according to procedures established by rule. Such procedures shall require that consideration be given to performance evaluations of the employees and seniority within the total state service. Such employees shall have retention rights throughout the principal department in which they are employed unless the head of the department requests, and the board approves, in advance, limitation of retention rights to major divisions, institutions, or colleges within the principal department.
(b) The state personnel director shall establish procedures, by rule, for the separation or demotion of any certified employees not covered by paragraph (a) of this subsection (1) from state service due to lack of work, lack of funds, or reorganization. Such procedures shall require that consideration be given to performance evaluations of an employee and seniority within the total state service.
(c) The appointing authorities from all departments shall consider placing a certified employee who has been identified pursuant to the procedures established pursuant to paragraph (b) of this subsection (1) as a person to be separated from state service into a funded, vacant position for which the employee is qualified. The state personnel director shall establish by rule procedures for such placements.
(d) (I) The state personnel director shall establish by rule a layoff plan that may be used by a department to provide postemployment compensation or other benefits for certified employees separated from state service. The plan may include, but is not limited to, a hiring preference, payment towards the continuation of health benefits for a specified time after separation, tuition or educational training vouchers, severance pay, or placement on a departmental reemployment list.
(II) The postemployment compensation or other benefits may be offered through a separation agreement.
(III) In no case shall the total value of the postemployment compensation and other benefits authorized pursuant to this paragraph (d) exceed an amount equal to one week of an employee's salary for every year of his or her service, up to a maximum of eighteen weeks of the employee's salary.
(IV) A certified employee is not entitled to receive any postemployment compensation or other benefits pursuant to this paragraph (d).
(2) A certified employee who is separated from state service shall be placed on a departmental reemployment list for a period of not less than one year, unless the employee waives the right to be so placed as part of a separation agreement.
(3) As used in this section, separated from state service means separated from state service due to lack of work, lack of funds, or reorganization.
Source: L. 72: R&RE, p. 173, � 1. C.R.S. 1963: � 26-1-24. L. 81: Entire section amended, p. 1202, � 20, effective July 1. L. 84: (1) amended, p. 711, � 9, effective July 1. L. 2012: Entire section amended, (HB 12-1321), ch. 260, p. 1351, � 11, effective September 1.
Cross references: In 2012, this section was amended by the Modernization of the State Personnel System Act. For the short title and the legislative declaration, see sections 1 and 2 of chapter 260, Session Laws of Colorado 2012.
24-50-125. Disciplinary proceedings - appeals - hearings - procedure - definitions. (1) A person certified to any class or position in the state personnel system may be dismissed, suspended, or otherwise disciplined by the appointing authority upon written findings of failure to comply with standards of efficient service or competence or for willful misconduct, willful failure or inability to perform his duties, or final conviction of a felony or any other offense which involves moral turpitude, or written charges thereof may be filed by any person with the appointing authority, which shall be promptly determined. In considering the conviction of a crime, the board shall be governed by the provisions of section 24-5-101.
(1.5) (a) In considering any disciplinary action pursuant to this section against an employee who is certified to any class or position in the state personnel system for engaging in violent behavior or a threat of violent behavior against another person while on duty, the appointing authority shall give predominant weight to the safety of the other person over the interests of the employee. For purposes of this subsection (1.5), violent behavior means any act or threat of physical, verbal, or psychological aggression or the destruction or abuse of property by any individual. A threat may include a veiled, conditional, or direct threat in verbal, written, electronic, or gestural form, resulting in intimidation, harassment, harm, or endangerment to the safety of another person or property.
(b) If the appointing authority finds that the employee has engaged in violent behavior or a threat of violent behavior against another person, the appointing authority may take such disciplinary action as the appointing authority deems appropriate, up to and including termination, taking into consideration the harm or risk of harm to the person created by the employee's actions. Nothing in this subsection (1.5)(b) affects the constitutional or statutory due process rights afforded to an employee who is certified to any class or position in the state personnel system.
(c) This subsection (1.5) applies regardless of whether the employee has been charged with or convicted of a crime.
(2) Any certified employee disciplined under subsection (1) of this section shall be notified in writing by the appointing authority, by certified letter or hand delivery, no later than five days following the effective date of the action, of the action taken, the specific charges giving rise to such action, and the employee's right of appeal to the board. The notice shall include a statement setting forth the time limit for filing an appeal with the board, the address of the board, the requirement that the appeal be in writing, and the availability of a standard appeal form. Upon failure of the appointing authority to notify the employee in accordance with this subsection (2), the employee shall be compensated in full for the five-day period and until proper notification is received.
(3) Within ten days after the receipt of the notification required by subsection (2) of this section or within such additional time as may be permitted by the board in unusual cases for good cause shown, the employee may petition the board for a hearing upon the action taken. Upon receipt of such petition, the board shall grant a hearing to the employee. If the employee fails to petition the board within ten days or within such additional time granted by the board, the action of the appointing authority shall be final and not further reviewable.
(4) The hearing shall be held within ninety days of receipt of the employee's appeal pursuant to the provisions of section 24-50-125.4. The employee shall be entitled to representation of his or her own choosing at his or her own expense, consistent with the rules of the Colorado supreme court concerning the unauthorized practice of law. The board shall cause a verbatim record of the proceedings to be taken and shall maintain the record. At the conclusion of the hearing, but not later than forty-five days after the conclusion of the hearing, the board shall make public written findings of fact and conclusions of law affirming, modifying, or reversing the action of the appointing authority, and the appointing authority shall thereupon promptly execute the findings of the board.
(5) In addition, upon request by the employee or the employee's representative and within the period provided in section 24-50-125.4 (2), the board shall hold a hearing on an appeal for any certified employee in the state personnel system who protests any action taken that adversely affects the employee's current base pay as defined by board rule, status, or tenure. A probationary employee shall be entitled to all the same rights to a hearing as a certified employee; except that such probationary employee shall not have the right to a hearing to review any disciplinary action taken pursuant to subsection (1) of this section while a probationary employee. This subsection (5) shall not apply to appeals brought pursuant to section 24-50-104.
(6) Disciplinary hearings shall be limited to those specified in this section.
(7) Failure, without good cause, of an employee or his representative to appear at a hearing shall be deemed a withdrawal of his appeal, and the action of the appointing authority shall be final. Failure, without good cause, of the appointing authority or his representative to appear at a hearing shall be deemed cause to dismiss the case and to award the employee all rights, salaries, and benefits as though the employee had won the appeal.
Source: L. 72: R&RE, p. 173, � 1. C.R.S. 1963: � 26-1-25. L. 73: p. 518, � 22. L. 77: (5) amended, p. 1221, � 3, effective August 2. L. 81: (6) added, p. 1202, � 21, effective July 1. L. 83: (4) amended, p. 985, � 1, effective May 16; (5) amended, p. 852, � 6, effective May 31. L. 84: (4) and (5) amended and (7) added, p. 712, � 10, effective July 1. L. 93: (5) amended, p. 19, � 3, effective March 4. L. 2005: (2), (4), and (5) amended, p. 634, � 3, effective May 27. L. 2020: (1.5) added, (HB 20-1153), ch. 109, p. 439, � 4, effective June 16.
Cross references: (1) For protection of state employees from disciplinary actions under certain circumstances, see article 50.5 of this title.
(2) For the legislative declaration in HB 20-1153, see section 1 of chapter 109, Session Laws of Colorado 2020.