4 Colo. Code Regs. § 801-1 Chapter 2

Current through Register Vol. 47, No. 11, June 10, 2024

Chapter 2 - Jobs

Authority for rules promulgated in this chapter is found in § 24-50-101(3)(d), 24-50-104(1)(b), 24-50-104(5)(c), 24-50-104(6)(a) and (b), 24-50-104(9)(b), 24-50-109.5, and 24-50-135(2), C.R.S. Board rules are identified by cites beginning with "Board Rule".

Job Evaluation System

2-1. The Director shall establish standards regarding the creation and maintenance of the job evaluation system(s) and allocation of positions, including subsequent allocation appeals, based on generally accepted techniques and standards in the profession which are uniformly applied to similarly situated employees.

2-2. System maintenance studies create, amend, or abolish classes and/or include pay grade assignments. A study may include the review of all affected positions for placement in the proper new class. No allocation or appointment may be made to a proposed class until it is approved as final on a date determined by the Director. The results are not subject to appeal but are subject to "meet and confer" if requested.

2-3. Changes from system maintenance studies shall be published as proposed. Appointing authorities are responsible for the timely distribution of this information.

Board Rule 2-4. Examination ("Employment and Status" chapter) and layoff ("Separation" chapter) rules do not apply to class placement as part of system maintenance studies.

Individual Position Review

2-5. New positions must be allocated to the proper class before any further personnel action is taken.

2-6. The Director, or a delegated authority, may request a job description and evaluate a position at any time to determine the proper class.

2-7. Each position shall have an accurate official (signed by the appointing authority) job description. Appointing authorities are responsible for providing an accurate official job description for each position to the department's human resources office and a copy to the employee. Only an accurate official job description is used to allocate a position to the proper class by the department's human resources office. (5/1/10)

A. An appointing authority must submit the accurate official job description and any evaluation request to the department's human resources office within six months when permanent changes are made to a position's assignment.

1. An employee may request an evaluation of his or her position if permanent changes are made and the job description has not been evaluated or updated within the previous 12 months.

2. The employee's request must be made to the appointing authority who shall submit the request, along with the accurate official job description, to the department's human resources office.

2-8. Positions shall be reviewed as expeditiously as possible according to the department's established procedures and practices. If the evaluation takes longer than 12 months from receipt by the proper evaluator and the position is allocated upward, the department must pay the difference in base pay for the period beyond the 12 months.

2-9. If a filled position is allocated to a lower pay grade, the affected employee in the position may appeal to the Director in accordance with the "Dispute Resolution" chapter. If the employee's appeal is successful, the effective date is the date of the original allocation decision.

2-10. The effective date of an allocation for a filled position shall be after completion of the selection process. Vacant positions are effective when the allocation decision is made.

A. If a filled position is allocated upward, an appointment shall be made in accordance with selection provisions. If the incumbent does not qualify or is not appointed, refer to the reallocation section of the "Separation" chapter. (1/1/18)

B. If a filled position is allocated downward, the following applies:

1. a qualified certified or probationary employee is permitted to voluntarily demote to the position. The certified employee will be offered, in writing, the choice of the voluntary demotion or retention rights, as applicable pursuant to 24-50-124(1)(a). If there is no response by the specified date in the written offer, the employee is deemed to have accepted the demotion and waived retention rights. Only after the election is made to exercise retention rights will the certified employee be processed under the "Separation" chapter, including notice of specific retention rights; (3/30/13)

2. a conditional employee may revert to a position in a class in which certified. If not certified in another class, but qualified for the new class and no eligible list exists, the employee may be conditionally appointed to the position;

3. a provisional employee may be appointed to the position if qualified and no employment list exists.

C. If a position is allocated to a different class with the same grade maximum, the employee who is qualified shall be transferred. If the incumbent is not qualified, refer to the reallocation section of the "Separation" chapter. (1/1/18)

4 CCR 801-1 Chapter 2

37 CR 22, November 25, 2014, effective 1/1/2015

37 CR 24, December 25, 2014, effective 1/14/2015

40 CR 02, January 25, 2017, effective 2/14/2017

40 CR 23, December 10, 2017, effective 1/1/2018

40 CR 24, December 25, 2017, effective 1/14/2018

42 CR 19, October 10, 2019, effective 11/1/2019

43 CR 05, March 10, 2020, effective 4/1/2020

43 CR 13, July 10, 2020, effective 8/1/2020

43 CR 24, December 25, 2020, effective 2/1/2021

44 CR 05, March 10, 2021, effective 4/1/2021

44 CR 07, April 10, 2021, effective 5/1/2021

44 CR 10, May 25, 2021, effective 7/1/2021

44 CR 12, June 25, 2021, effective 9/1/2021

45 CR 11, June 10, 2022, effective 7/1/2022

45 CR 14, July 25, 2022, effective 9/1/2022

46 CR 08, April 25, 2023, effective 7/1/2023