Board Rule 8-2. Chapter 8, Resolution of Appeals and Disputes applies to employees of and applicants to the state personnel system. Chapter 8, Resolution of Appeals and Disputes does not apply to individuals outside of the state personnel system.
Board Rule 8-2.1 Summary of Chapter 8, Part A
The summary is illustrative only. The language in the Board Rules is controlling. There are many parts of Chapter 8 that are not included in this summary.
Filing with the Board |
An employee wanting to file an appeal with the Board shall follow the filing procedures in Chapter 8, Part A, Section I. The appeal shall use the standard Consolidated Appeal/Dispute Form found on the Board's website. Appeals are timely if received by the Board or postmarked no later than ten (10) days after receipt of the written notice of the action, or if no notice was required, no later than ten (10) days after the employee knew or should have known of the improper action. |
Types of appeals in Chapter 8, Part A |
Chapter 8 includes the procedures for resolving appeals and disputes. Appeals proceed depending on the nature of the employee's claim: (1) Grievances (Part A, Section II), (2) Disciplinary actions and actions that impact pay, status, or tenure (Part A, Section III), (3) CADA Discrimination (Part A, Section IV); (4) Whistleblower Act (Part A, Section IV); and (5) State Personnel Director's Procedures (Parts B, C, and D). In general, disciplinary actions and actions that impact a certified state employee's pay, status, or tenure are subject to a mandatory hearing before the Board. In general, grievance appeals, CADA discrimination claims, and Whistleblower Act claims are subject to a discretionary hearing before the Board. If an employee alleges claims that are subject to both a mandatory and a discretionary hearing, the Board may hear those claims in a single proceeding. |
1. Grievances |
An employee who is attempting to resolve a dispute internally should follow the grievance process and may file an appeal of a Step Two Grievance Decision to the Board. For example, an employee disputes a change to the employee's work schedule. The Board may use its discretion to review a Step Two Grievance Decision when it appears that: (a) the employment action violates the Whistleblower Act; (b) the employment action violates the Colorado Anti-Discrimination Act ("CADA"); (c) the Step Two Decision violates an employee's rights under the federal or state constitution; or (d) the Step Two Decision violates the Board's grievance rules or the department's grievance procedures. Part A. Section II: Grievances. Part A. Section IV: Discretionary Board Hearings & Preliminary Review. |
2. Discipline and Actions that impact Pay, Status, or Tenure |
A certified state employee may appeal a disciplinary action (such as a termination or demotion). A certified state employee may also appeal other actions that adversely affect the employee's pay, status, or tenure (such as a layoff or administrative separation). The Board will grant a hearing and issue a Notice of Hearing and Prehearing Order. Part A. Section III: Mandatory Hearings. Part A. Section VI: Rules for Hearings. |
3. CADA Discrimination and Retaliation |
Employees and applicants may appeal employment actions that violate the Colorado Anti-Discrimination Act ("CADA"). For example, the employee claims the action occurred because of race discrimination. CADA also prohibits retaliation. The Board may use its discretion to review these types of employment actions. |
Part A. Section IV. Discretionary Board Hearings & Preliminary Review. |
4. Whistleblower Retaliation |
Employees may appeal employment actions that violate the State Employee Protection Act (commonly referred to as the "Whistleblower Act"). For example, the employee claims the action occurred in retaliation for making protected disclosures. The Board may use its discretion to review these types of employment actions. Part A. Section IV. Discretionary Board Hearings & Preliminary Review. |
5. State Personnel Director's Review: selection, performance management, and coverage designation. |
An applicant's or a certified employee's appeal may fall within the State Personnel Director's Review process. Part B. Section I: Filing with the Director. Part B. Sections I and II: Selection disputes. Part C: Performance management disputes. Part D: Coverage designation disputes. |
6. Exclusions |
Employees do not have the right to a hearing in the following situations: * Discipline of probationary employees for unsatisfactory performance; * Reversion of trial service employees for unsatisfactory performance; * Demotion of conditional employees to the class in which last certified; and * Resignations in lieu of a disciplinary action. However, employees may ask the Board to grant a discretionary hearing in the above-listed situations if the situation falls under Chapter 8, Part A, Section IV. The following items are not subject to the grievance process: * Disciplinary actions; * Any action that adversely affects pay, status, or tenure; * Selection disputes; * Performance management disputes that do not result in a disciplinary action; * Coverage designation disputes; * In-range salary movements; * Issues pertaining to leave sharing; * Discretionary pay differentials; and * Hazardous duty premium pay |
Board Rule 8-3. All disputes may be resolved informally. Parties with appeals pending before the Board are encouraged to use the settlement process in Chapter 8, Resolution of Appeals and Disputes, Part A, Section IX.
Board Rule 8-4. Notice of Appeal Rights. Applicants and employees shall be notified, in writing, of any rights to dispute a final department decision that adversely impacts pay, status, or tenure and any final grievance decisions or selection decisions.
A. The notice shall include a statement that the deadline for filing an appeal to the Board is ten (10) days from the date of receipt of the notice, the Board's physical address, email address, website, telephone and facsimile numbers, the requirement that the appeal shall be in writing, and the availability of the Consolidated Appeal/Dispute Form.Board Rule 8-5. Appealing to the Board.
A.The Appeal. The appeal shall use the standard Consolidated Appeal/Dispute Form found on the Board's website.B.Contents of the Appeal. The appeal shall clearly state the following: 1. Identification of the person filing the appeal ("Complainant"), Complainant's address, telephone number, email address and whether Complainant is a certified employee or a probationary employee.2. The name, address, email address and telephone number of Complainant's legal representative, if any.3. The department ("Respondent") that took the alleged improper action.4. The action that Complainant believes was improper and the reasons Complainant disagrees with the action.5. The date Complainant received notice of the action and a copy of the written notice, if one was provided.7. The appeal shall indicate if it is being filed with the Board, the Director, or both.8. The appeal shall be signed by Complainant or Complainant's attorney.C.Filing the Appeal. The appeal shall be filed according to rules in Chapter 8, Resolution of Appeals and Disputes, Part A, Section I.Board Rule 8-6. Where to File. Appeals and other documents may be filed by hand delivery, United States Postal Service, commercial delivery service, facsimile, or via email.
A. The physical address for filing is State Personnel Board, 1525 Sherman Street, 4th Floor, Denver, Colorado 80203. 1. Normal business hours for the Board are from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for official state holidays or days that state offices in Denver are closed due to weather or safety by governor order.B. The facsimile number is 303-866-5038. Facsimile filings may not exceed ten (10) pages.C.Filings Via Email.1. The Board's email address is dpa_state.personnelboard@state.co.us..2. The subject line for the filing via email shall include:b. Case number (if a new appeal, write "New Appeal"); andc. The phrase "Electronic Filing."d. Example: "Doe v. Department (2020B879) (Electronic Filing)" and "Doe v. Department (New Appeal) (Electronic Filing)".3. The appeal, motion, or other filings must be attached to the email as a PDF document. The Board will only consider the contents of the attached document. The Board will not consider information in the text of the email. The email is not a filing; rather the email is a method for parties to file something with the Board.4. As with any filing, the attached filings shall be signed. This can be done by signing the document and scanning the document with the signature. This can also be done by writing or typing "/s/" followed by the filer's full name on the signature block line, so long as the person filing the document signs a paper form of the document and makes that form available for situations where a judge might seek verification of the signature.5. Upon its receipt of a filing via email, the Board will send the filing party an email stating "Received." If disputed, that email may be used by a party as proof of filing. The email will not be part of the record.Board Rule 8-7. Filing Deadlines.
A. Appeals or petitions for hearing are timely if received by the Board or postmarked no later than ten (10) days after receipt of the written notice of the action, or if no notice was required, no later than ten (10) days after the employee knew or should have known of the alleged improper action.B. Other documents filed with the Board are due according to the deadlines in Chapter 8, Resolution of Appeals and Disputes, Part A, or as set in a Board Order.C. If a deadline falls on a weekend, official state holiday, or office closure by governor order, the deadline is extended to the next regular business day.D. Any motion to extend a deadline shall be filed prior to the deadline.E. Other than as set forth in part (A) of this Rule, all filings must be received by the Board by 5:00 p.m. Colorado time to be deemed to have been filed on that dateF. Upon satisfactory proof that a filing via facsimile or email was untimely because of the Board's technology problems, the Board may enter an order deeming the filing as timely.G. Failure to timely file an appeal may result in the Board losing jurisdiction over the matter and result in the dismissal of the appeal.Board Rule 8-8. Requirements for all Board filings.
A. The appeal shall be filed in accordance to the requirements in Chapter 8, Resolution of Appeals and Disputes, Part A, Section I.B. After the appeal has been filed, all documents filed with the Board shall contain the following: 2. The names of the parties;3. The title of the document;4. The contact information for the party or the attorney filing the document, including email address, physical address, and phone number;5. If the document is filed by an attorney, the attorney registration number; and6. The signature of the party or the attorney filing the document. This signature is in addition to the signature on the certificate of service.Board Rule 8-9. Service of Filings and Certificate of Service.
A. Whenever a party files anything with the Board, that party shall serve the opposing party with a copy. This service shall be done at the same time the party files the document with the Board.B. Service to the opposing party shall be made by email. In the event the opposing party cannot be served by email, service may be accomplished by hand delivery, United States Postal Service, commercial delivery service, or facsimile transmission.C. When an attorney represents a party, service shall be made to the attorney.D. Any documents filed with the Board shall include a signed certificate of service. The certificate of service shall provide:1. The address used to deliver a copy of the document to the opposing party (for example, the email address);2. The method of delivery of the document to the opposing party (for example, sent email); and3. The date of delivery of the document to the opposing party.Board Rule 8-10. Size and Format of Filings. All documents filed with the Board shall be prepared as follows:
A. 8-1/2" x 11" page size, on plain, white paper (recycled paper preferred);C. No less than twelve (12) point font, excluding footnotes. Footnotes shall be no less than nine (9) point font;D. Margins of at least one inch (1") at the top, left, right, and bottom of each page; andE. If single-spaced, there shall be a blank line between each paragraph.37 CR 22, November 25, 2014, effective 1/1/201537 CR 24, December 25, 2014, effective 1/14/201540 CR 02, January 25, 2017, effective 2/14/201740 CR 23, December 10, 2017, effective 1/1/201840 CR 24, December 25, 2017, effective 1/14/201842 CR 19, October 10, 2019, effective 11/1/201943 CR 05, March 10, 2020, effective 4/1/202043 CR 13, July 10, 2020, effective 8/1/202043 CR 24, December 25, 2020, effective 2/1/202144 CR 05, March 10, 2021, effective 4/1/202144 CR 07, April 10, 2021, effective 5/1/202144 CR 10, May 25, 2021, effective 7/1/202144 CR 12, June 25, 2021, effective 9/1/202145 CR 11, June 10, 2022, effective 7/1/202245 CR 14, July 25, 2022, effective 9/1/202246 CR 08, April 25, 2023, effective 7/1/202347 CR 06, March 25, 2024, effective 5/1/2024