Statutes, codes, and regulations
Colorado Administrative Code
Department 800 - Department of Personnel and AdminstrationDivision 801 - State Personnel Board and State Personnel DirectorRule 4 CCR 801-1 - STATE PERSONNEL BOARD RULES AND PERSONNEL DIRECTOR'S ADMINISTRATIVE PROCEDURESChapter 8 - Resolution of Appeals and Disputes
Part C - Department Internal and Director's External Performance Management Disputes
Part C - Department Internal and Director's External Performance Management Disputes

4 Colo. Code Regs. § 801-1 Chapter 8 Part C

Download
PDF
Current through Register Vol. 47, No. 11, June 10, 2024
Part C - Department Internal and Director's External Performance Management Disputes
8-83. Chapter 8, Resolution of Appeals and Disputes, Part C, contains the Director's Rules that govern Department Internal and Director's External Dispute Resolution for Performance Management and includes the following:

* Section I: Filing an Internal Dispute for Performance Management with the Department.

* Section II: Resolution of an Internal Dispute for Performance Management with the Department.

* Section III: Filing an External Dispute for Performance Management with the Director.

* Section IV: Resolution of an External Dispute for Performance Management with the Director.

8-84. Chapter 8, Resolution of Appeals and Disputes, Part C, Department Internal and Director's External Performance Management Disputes, applies to employees of the state personnel system. Chapter 8, Resolution of Appeals and Disputes, Part C, does not apply to individuals outside of the state personnel system.
A. Throughout Chapter 8, Resolution of Appeals and Disputes, Part C, "Director's External Dispute" refers to performance management disputes that are reviewed by the Director.
B. The Department Internal and Director's External Performance Management Disputes are impartial processes.
1. The Department Internal and Director's External Performance Management Disputes processes are not grievances or appeals and as such, no party has an absolute right to legal representation during the processes, but may have an advisor present. The parties are expected to represent and speak for themselves.
2. The scope of authority of those individuals making final decisions throughout the dispute resolution process for performance management is limited to reviewing the facts surrounding the current action, within the limits of the department's performance management program.
3. Individuals making final decisions shall not substitute their judgment for that of the rater, reviewer, or the department's dispute resolution decision maker if an issue is being considered. Further, these individuals shall not render a decision that would alter a department's performance management program.
8-85. All Director's External Performance Management Disputes brought before the Director may be resolved informally. If a remedy is granted while a Director's External Performance Management Dispute is pending, it shall be deemed moot and dismissed with prejudice.
8-86. Retaliation against any person involved in any Department Internal or Director's External Performance Management Dispute process is prohibited.
8-87.Notice of Department Internal and Director's External Performance Management Dispute. The department's performance management program shall include the department's internal and Director's external processes and scope to dispute an individual's annual performance evaluation.
8-87.1 Summary of Chapter 8, Part C

The summary is illustrative only. The language in the Director's Procedures are controlling. There are many parts of Chapter 8 that are not included in this summary.

Click to view image

8-88. Only a certified employee, who is directly affected as a result of an action by a department may file a Director's External Dispute. Only the following procedural events shall be reviewed by the Director:
A. The individual final overall performance evaluation, including lack of a final overall evaluation; and
B. The application of a department's performance management program to the individual employee's final overall evaluation.
8-89. The following performance management matters are not disputable:
A. The content of a department's performance management program;
B. Matters related to the funds appropriated; and
C. The performance evaluations and merit pay of other employees.
8-90. Every effort shall be made by the parties to resolve the issue at the lowest possible level in a timely manner before initiating the Director's External Dispute process.

4 CCR 801-1 Chapter 8 Part C

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