As used in this part 2, unless the context otherwise requires:
(1) Colorado work force development program or work force development program means the program of work force development created in this part 2.
(2) Department means the department of labor and employment created in section 24-1-121, C.R.S., or any other state agency specified by the governor through executive order or otherwise.
(3) Federal act means the federal Workforce Innovation and Opportunity Act, 29 U.S.C. sec. 3101 et seq.
(4) Local elected officials means the boards of county commissioners of the county or counties operating work force development programs; except that, in the case of a city and county, local elected officials means the mayor.
(5) Local plan means a plan, developed and executed by a work force development board and subarea board, that outlines the functions and responsibilities for delivery of services within a work force development area.
(6) National program grant means a grant under subtitle D of Title I.
(7) One-stop operator means the entity selected by a work force board, with concurrence by the local elected officials, to operate the one-stop career center in a local area.
(8) One-stop partner means a person or organization described in section 8-83-216.
(9) Planning region means a single local area or multiple local areas that have been designated by the state as a planning region for the purposes of developing a regional plan.
(10) Rural consortium local elected officials board means the local elected officials appointed by each subarea board in the rural consortium work force development area to serve as the local elected official for the rural consortium work force development area.
(11) Rural consortium work force development area or rural consortium area means an area designated by the governor as a federal work force development area for which the department is the grant recipient. A rural consortium work force development area may contain one or more subareas.
(12) Rural consortium work force development board or rural consortium board means the work force board appointed by the rural consortium local elected officials board. The rural consortium work force development board serves, on behalf of the subarea boards in the rural consortium area, as the work force development board for specific functions under the federal act.
(13) State council means the state work force development council created in section 24-46.3-101, C.R.S.
(14) State plan means a plan, developed by the governor with the assistance of the state council and based upon local plans, for the delivery of services statewide under the federal act.
(15) Student means an individual who is eighteen years of age or older and is enrolled in an adult education program or postsecondary education program through an institution of higher education, a technical college, a private occupational school, or an employer-sponsored training program.
(16) Subarea board means the optional work force advisory board of a subarea within the rural consortium work force development area.
(17) Title I means Title I of the federal act.
(18) Title I money means money distributed pursuant to Title I.
(19) Wagner-Peyser Act means the federal Wagner-Peyser Act, 29 U.S.C. sec. 49a et seq.
(20) Wagner-Peyser funds means federal moneys received by the department pursuant to the Wagner-Peyser Act.
(21) Work force board means either a local work force development board or a subarea board.
(22) Work force development area means a county, municipality, city and county, or group of counties, municipalities, or cities and counties that have banded together through an intergovernmental agreement to provide a work force development program and is designated by the governor as a federal work force development area. The rural consortium is a work force development area.
(23) Work force development board means the work force development board for a federally designated work force development area.
(24) Work force development subarea or subarea means a county or group of counties within the rural consortium that work together for the purpose of implementing programs authorized under the federal act and has a subarea board.
Source: L. 2012: Entire article added with relocations, (HB 12-1120), ch. 27, p. 81, � 6, effective June 1. L. 2016: Entire section R&RE, (HB 16-1302), ch. 183, p. 627, � 5, effective May 19.
Editor's note: This section is similar to former � 8-71-203 as it existed prior to 2012.
8-83-204. Work force development program - legislative declaration - purposes. (1) The general assembly finds, determines, and declares that this part 2 is adopted pursuant to the requirements of the federal act and is intended to comply with the federal act's express requirements for participants in the operation of work force development programs.
(2) The purposes of this part 2 are to:
(a) Establish a central, coordinated delivery system at the local or regional level through which any citizen may look for a job, explore work preparation and career development services, and access a range of employment, training, and occupational education programs offering their services through local or regional work force development programs;
(b) Develop strategies and policies that encourage job training, education and literacy, and vocational programs;
(c) Consolidate and coordinate programs and services to ensure a more streamlined and flexible work force development system at the local or regional level;
(d) Establish single contact points for employers; and
(e) Allow counties increased responsibility for the administration of the work force development program, including determination of any expenditures of TANF funds for the purpose of cash contributions to infrastructure of the one-stop delivery system or delivery contracts. Counties are encouraged to include all the partners outlined in the federal act.
Source: L. 2012: Entire article added with relocations, (HB 12-1120), ch. 27, p. 83, � 6, effective June 1. L. 2016: (1), (2)(a), and (2)(e) amended, (HB 16-1302), ch. 183, p. 629, � 6, effective May 19.
Editor's note: This section is similar to former � 8-71-204 as it existed prior to 2012.
Cross references: TANF, referenced in this section, is the temporary assistance for needy families program. For more information regarding this program, see article 2 of title 26.
8-83-205. Work force development program - creation - administration - merit system - Wagner-Peyser funded employment services. (1) Under authority of the governor, the department shall cooperate with the state council to help establish and operate a network of work force development areas as set forth in this part 2.
(2) Work force development areas may be established at a local government level or at a multi-government level through intergovernmental agreements reached by the applicable local elected officials of the work force development area and subject to approval by the governor.
(3) Local elected officials shall govern the operation of local work force development areas with policy guidance from work force boards appointed by the local elected officials. At the option of the local elected officials and the work force board, work force development programs may be operated by a county, the department, other governmental agencies, nonprofit or not-for-profit organizations, or private entities; except that Wagner-Peyser funds shall not be used to award contracts to nonprofit or not-for-profit organizations or private entities. Beginning July 1, 2017, the one-stop operator must be selected in accordance with the federal act and local policy in the work force development area. An entity that applies to become a one-stop operator and is not selected may appeal the decision through any available appeal process of the applicable local governmental entity.
(3.5) If no qualified one-stop operator responds to the procurement process in a local work force development area, the local elected officials for that area may designate the one-stop operator.
(4) If federal or state financial support for the provision of employment and training services is eliminated or is reduced by an amount that is considered substantial by the local elected officials, the local elected officials are not required to continue funding or operating work force development programs.
(5) The state council shall ensure that a local work force development area may function as a federally designated work force development area in applying for available national program grants under the federal act. Each work force board may apply for a grant for its own area in the manner it deems most appropriate. A work force board may apply for a grant for its own area and receive any corresponding money awarded exclusively or may apply through other means and with other work force areas. Any grant money awarded to a work force development area is a direct pass-through from the federal government to the applicable work force development area.
(6) A local work force development area created pursuant to this part 2 is authorized to operate with the same authority and functions as if the area were a federally designated work force development area.
(7) A data system that is used to administer a program pursuant to this article 83 must not link or collect data systems maintained by education entities serving children under eighteen years of age.
(8) (a) (I) A county that is seeking to use county employees to deliver employment services funded by Wagner-Peyser funds shall:
(A) Create a merit system for the selection, retention, and promotion of county employees who provide those services; or
(B) If the county already has a system in place, update the county's current system to comply with this subsection (8).
(II) The merit system must comply with federal laws, regulations, and standards for a merit system of personnel administration for employees authorized under the federal Intergovernmental Personnel Act of 1970, 42 U.S.C. sec. 4701 et seq. Each county shall certify to the department that the merit system of personnel administration used by the county is in compliance with federal standards and that the employees paid by Wagner-Peyser funds act as an extension of the state in delivering employment services.
(b) Each county shall ensure that its merit system:
(I) Requires the county to recruit, select, and advance employees on the basis of the applicant's or employee's relative abilities, knowledge, and skills, including during the recruitment and selection of qualified applicants for initial appointments to positions with the county;
(II) Compensates each employee equitably and adequately;
(III) Requires the county to train employees as needed to assure high quality performance;
(IV) Requires the county to:
(A) Retain an employee on the basis of the adequacy of the employee's performance;
(B) Correct an employee's inadequate performance; and
(C) Separate an employee from employment when an employee's inadequate performance cannot be corrected;
(V) Requires the fair treatment of applicants and employees, including compliance with all federal and state equal opportunity and nondiscrimination laws, in all aspects of personnel administration without regard to political affiliation, race, color, national origin, sex, religious creed, age, or disability and with proper regard for the privacy and constitutional rights of the applicants and employees as citizens; and
(VI) Protects each employee against coercion for partisan political purposes and prohibits each employee from using the employee's official authority for the purpose of interfering with or affecting the results of an election or a nomination for office.
Source: L. 2012: Entire article added with relocations, (HB 12-1120), ch. 27, p. 83, � 6, effective June 1. L. 2016: Entire section amended, (HB 16-1302), ch. 183, p. 630, � 7, effective May 19. L. 2023: (8) added, (SB 23-233), ch. 80, p. 286, � 1, effective August 7.
Editor's note: This section is similar to former � 8-71-205 as it existed prior to 2012.