REVISED STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE FOR THE STATE PERSONNEL DIRECTOR’S ADOPTION OF PERMANENT ADMINISTRATIVE PROCEDURES 3-7, 3-13(A), 4-24, and 8-102(A)

4 CCR 801

The purpose of the State Personnel Director’s permanent adoption of administrative procedures listed below is to reflect policy changes, eliminate ambiguities and provide clearer guidance to users of the Director’s administrative procedures.  

Multiple Vacancies
4-24. The proposed language restores previous language on referrals for multiple vacancies and provides clarity regarding referral of top-ranking candidates to an appointing authority with multiple vacancies.

Saved Pay
3-7 and 3-13(A). The proposed language adds discretion for departments to allow saved pay when retention rights are exercised under a layoff process as provided in Chapter 7 of the rules and provides the requirements surrounding such discretion. It provides that the use of the new saved pay mechanism is not subject to appeal.  Based on testimony at the hearing on December 6, 2006, appeal rights for employees regarding the decision by a department head to grant such saved pay are clarified.

Director’s Review Process
8-102(A). The proposed language clarifies that the use of discretionary saved pay during the exercise of retention rights is not subject to the Director’s Review Process.  Based on testimony at the hearing on December 6, 2006, regarding clarification of appeal rights, a technical amendment of this Administrative Procedure is necessary to reflect the addition of the discretionary saved pay option in 3-13(A), and to coordinate with the language of 3-13(A) providing that the discretionary use of the new saved pay mechanism is not subject to appeal.

The State Personnel Director’s authority to adopt these administrative procedures is enumerated in, but not limited to:

∙	Colorado Constitution, Article XII, Sections 13 and 14;
∙	State Personnel System Act, Title 24, Article 50, Sections 101 through 804, CRS (2005); Sections 24-50-501through 24-50-513, CRS (2005)
∙	State Support Services Reorganization Act, 24-50.3-104, CRS (2005); and
∙	CAPE v. Lamm, 677 P2d 1350 (Colo. 1984).

Adopted: