PROPOSED STATEMENT OF BASIS AND PURPOSE
The Colorado State Personnel Board’s Rules and the Personnel Director’s Administrative Procedures (“Rules”) are found at 4 CCR 801. A joint rulemaking hearing of the State Personnel Board and the State Personnel Director was held on November 4, 2013 at4201 E. Arkansas Ave., Denver, Colorado 80222. The joint rulemaking hearing was held by the representative rulemaking authorities, the State Personnel Board (“Board”) and the State Personnel Director (“Personnel Director”) in order to facilitate the submission of public comments on the adoption of the coordinated set of rules updating the state personnel system to reflect changes made a result of the passage of SB 13-011 Colorado Civil Union Act, HB 13-1222 Family Care Act, as well as additional changes to the State’s selection process, performance cycle and merit rules as a result of the passage of the HB 12-1321, HCR 12-1001 and Amendment S passed by Colorado voters in the 2012 Colorado general election. The Board and the Personnel Director are exercising their respective rulemaking authority as granted under the Colorado Constitution, Article XII, §13, 14 and 15, and §24-50-101, et seq. C.R.S.
The Notice of Proposed Rulemaking was issued September 27, 2013 for publication by the Secretary of State onOctober 10, 2013. The proposed rules and the statement of basis and purpose have been available for review at the Personnel Director’s office and on the Personnel Director’s website since September 30, 2013. The Board and Personnel Director are taking testimony at the public joint rulemaking hearing on November 4, 2013. The Personnel Director will complete deliberations on the proposed amendments on November 6, 2013. The rules will be accepted through formal public hearing and submitted to the Attorney General for approval.
The general purpose of the Personnel Director in conducting the rulemaking is to provide, with regards to the Personnel Director’s Administrative Procedures as follows:
A)Rules 1-38.2, 1-38.3, 1-43, 1-64.1 reflect changes as a result of Amendment S;
B) Rules 3-14, 3-18 to align Director’s Procedure more appropriately to section 24-50-104(1)(e) C.R.S.;
C) Rules 3-19 C-1a,3-19 C-1b provide clarification from the passage of HB 12-1321;
D) Rule 3-49D to align with Amendment S;
E) Rules 3-51, 3-54 clarify and define severance as part of postemployment compensation as a result of Amendment S;
F) Chapter 4, rules 4-7, 4-14C, 4-26A, 4-28C, 4-31 provide general clarification or are as a result of Amendment S;
G) Rules 5-5, 5-21A provide general clarification and system improvements;
H) Rule 5-17 responds to an audit recommendation;
I) Chapter 6, rules 6-4D, 6-5 give the State Personnel Director the discretion to set the performance cycle and provide clarification related to the Talent Agenda;
J) Rule 7-6 provides general clarification;
K) Chapter 8, rules 8-79, 8-87A, 8-87B provide general clarification;
L) Chapter 11, rules 11-7C, 11-9, 11-12, 11-13, 11-14, 11-15, 11-21, 11-24 provide general clarification and new procedures and definitions based on SB 13-011and HB 13-1222.
The Personnel Director and Board propose to amend, repeal/adopt on a permanent basis the following Director’s Administrative Procedures and Board rules:
A)Chapter 4,Employment and Status Referrals, Board Rule 4-27 providing clarification as a result of Amendment S
B) Chapter 4,Employment and Status Referrals, Board Rule 4-32 providing a change in definition a result of Amendment S
C)Chapter 8, Dispute Resolution, Prehearing Procedures, Subpoenas, Board Rule 8-59 provides conformance with C.R.C.P.45
The Personnel Director finds, as required by §24-4-103(4) (b) C.R.S. that the record of the rulemaking process demonstrates the need for the rules; the proper constitutional and statutory authority exists for the rules; to the extent practicable the rules are clearly and simply stated so that their meaning will be understood by any required to comply with the rules, the rules do not conflict with other provisions of the law; and duplication or overlapping of the rules, if any, has been explained by the Personnel Director.
The specific authority of the Personnel Director to promulgate these rules is found at Article XII, §13 and 14 of the Colorado Constitution; the State Personnel System Act, §24-50-101 et seq., C.R.S. and §24-50-103, 105, 106 C.R.S.; Spahn v. State Department of Personnel, 44 Colo. App. 446, 615 P.2d 66 (1980) and CAPE v. Lamm, 677 P2d 1350 (Colo. 1984).
The permanent rules adopted shall become effective January 1, 2014.
Dated this ______day of September, 2013
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Kathy Nesbitt
State Personnel Director
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