Page:Colorado State Constitution (2020).pdf/110

 appointing authority taken under this subsection shall be subject to appeal to the state personnel board, with the right to be heard thereby in person or by counsel, or both.

(9) (a) The state personnel director may authorize the temporary employment of persons, not to exceed nine months, during which time an eligible list shall be provided for permanent positions. No other temporary or emergency employment shall be permitted under the state personnel system.

(b) Nothing in paragraph (a) of this subsection (9) shall be construed as permitting the appointment of a temporary employee for the purpose of eliminating a permanent position from the state personnel system.

(10) The state personnel board shall establish probationary periods for all persons initially appointed, but not to exceed twelve months for any class or position. After satisfactory completion of any such period, the person shall be certified to such class or position within the personnel system, but unsatisfactory performance shall be grounds for dismissal by the appointing authority during such period without right of appeal.

(11) Persons certified to classes and positions under the classified civil service of the state immediately prior to July 1, 1971, persons having served for six months or more as provisional or acting provisional employees in such positions immediately prior to such date, and all persons having served six months or more in positions not within the classified civil service immediately prior to such date but included in the personnel system by this section, shall be certified to comparable positions, and grades and classifications, under the personnel system, and shall not be subject to probationary periods of employment. All other persons in positions under the personnel system shall be subject to the provisions of this section concerning initial appointment on or after such date.

Source: Initiated 18: Entire section added, see L. 19, p. 341. L. 69: Entire section R&RE, p. 1252, effective July 1, 1971. L. 2012: (1), (2), (5), (6), and (9) amended, p. 2323, effective upon proclamation of the Governor, L. 2013, p. 3303, January 1, 2013.

Editor's note: The "Colorado tax commission", referred to in subsection (2) of this section, on and after July 1, 1971, is known as the "board of assessment appeals".

Section 14.State personnel board - state personnel director. (1) There is hereby created a state personnel board to consist of five members, three of whom shall be appointed by the governor with the consent of the senate, and two of whom shall be elected by persons certified to classes and positions in the state personnel system in the manner prescribed by law. Each member appointed or elected prior to January 1, 2013, shall serve for a term of five years. Each member appointed or elected on or after January 1, 2013, shall serve for a term of three years. No member shall serve more than two terms of office, regardless of whether a term is a full term or a partial term filling a vacancy. Each member of the board shall be a qualified elector of the state, but shall not be otherwise an officer or employee of the state or of any state employee organization, and shall receive such compensation as shall be fixed by law.

(2) (a) Two of the appointed members of the state personnel board serve at the pleasure of the governor. Both elected members of the board and the appointed member specified in paragraph (b) of this subsection (2) may be removed by the governor for willful misconduct in office, willful failure or inability to perform his or her duties, final conviction of a felony or of Colorado Revised Statutes 2020