PROPOSED STATEMENT OF BASIS AND PURPOSE

The Colorado State Personnel Board's current rules are found at 4 CCR 801. The purpose of the Rulemaking proposed for October 17, 2006, is to conform rules with HB 06-1061 rescinding the Whistleblower statute and with the recently adopted revision of the format for citation to Board rules.  The amendments to rules are also proposed for the general clarification for the public and efficient management of the Board.      

The Notice of Rulemaking was filed and issued August 18, 2006, for publication in the Colorado Register on September 10, 2006.  The proposed rule and the proposed statement of basis and purpose have been available for review at the Board office and on the Board's web site since September 10, 2006.  The Board took testimony at a public rule-making hearing on October 17, 2006, and conducted deliberations on these proposed amendments at its meeting on October 17, 2006.  The rules were accepted through formal public hearing and approved by the Attorney General.

The following rules were adopted:

(1)	Board Rule 1-5, changing the requirement from eight copies of all materials to nine copies of all materials;

(2)  	Board Rule 1-67, changing the definition of Retirement to include all state retirement plans;

(3)	Board Rule 2-13, changing the citation to rule from 1-19B to Board Rule 1-19; 

(4) 	Board Rule 6-15, changing the requirements for a written notice of disciplinary action to include the time frame for an appeal of the disciplinary action, and the Board's address, telephone and facsimile numbers for filing the appeal;

(5)	Board Rule 8-19, changing the citation to rule from 8-18B to Board Rule 8-18;

(6)	Board Rule 8-23, amending the requirement that the agency submit an original and one copy of its response to the Whistleblower complaint;

(7)	Board Rule 8-25, deleting the rule in its entirety to conform to statute by deleting the procedure relating to referral to the Personnel Director for investigation of the allegations of Whistleblower violations;

(8)	Board Rule 8-26, deleting the rule in its entirety to conform to statute by deleting the procedure relating to referral to the Personnel Director for investigation of the allegations of Whistleblower violations;

(9)	Board Rule 8-27, amending the rule to include the time line for a hearing;

(10)	Board Rule 8-28, deleting the portion of the rule referring to the outcome of any Whistleblower investigation;

(11)	Board Rule 8-29, deleting the rule in its entirety to conform to statute by deleting the procedure relating to referral to the Personnel Director for investigation of the allegations of Whistleblower violations;

(12)	Board Rule 8-30, amending the reference to appeal to clarify the inclusion of appeals of selection decisions;

(13)	Board Rule 8-43, deleting the reference to Director's website from the rule;

(14)	Board Rule 8-50(C), deleting the reference to Whistleblower investigations;

(15)	Board Rule 8-50(D), deleting the reference to Whistleblower investigations;

(16)	Board Rule 8-53(B), changing the citation to rule from 6-10B to 6-10;

(17)	Board Rule 8-64(C), changing the citation to rule from Rule 8-39B to Board Rule 8-39.

The specific authority of the State Personnel Board to promulgate these rules is found at Article XII, sections 13 and 14 of the Colorado Constitution; the State Personnel System Act, section 24-50-101, et seq., C.R.S.; section 24-50.5-101, et seq., C.R.S.; and section 24-4-103, C.R.S.

The amendments adopted shall become effective January 1, 2007.	

Dated this _____ day of
October, 2006.	_____________________________________
						John Zakhem, Chair, State Personnel Board