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5BE9B16EA3688F2D872587B100583379 Hearing Summary


Date Dec 20, 2021      
Location Old State Library

Rules of the State Personnel Board and State Personnel Director - Committee Discussion Only

09:03:14 AM  
Ed DeCecco, Senior Attorney
for Special Projects, Office of Legislative Legal Services, presented to
the Committee the Office's rule memorandum concerning Rule 5-16 of the
State Personnel Board and State Personnel Director, Department of Personnel.
He explained that section 24-50-104 (1)(g), C.R.S., requires the State
Personnel Director to prescribe leave benefits that are typically consistent
with prevailing practices. But the director's Rule 4 CCR 801-1, 5-16 (Rule
5-16) establishes paid family medical leave (PFML), which does not appear
to be consistent with prevailing practices. Because Rule 5-16 conflicts
with the statute, the Office recommends that Rule 5-16 of the rules of
the director concerning PFML not be extended.

09:19:40 AM  
Witness, Mr. Tobin Follenweider,
Deputy Executive Director of Personnel and Administration, currently Acting
Executive Director and Personnel Director, testified regarding the origin
and creation of Rule 5-16. He explained that PFML was created in an attempt
to address total employee compensation, turnover, retention, and recruitment
rate for the department on the state level.

09:26:25 AM  
Representative Tipper asked
Mr. Follenwider several questions about the rule.

Senator Lee clarified the issue that Proposition 118, which passed in the
2021 election, will give government employees PFML beginning January 1,
2024, but the department is anticipating those benefits and implementing
them prematurely.

Senator Holbert further clarified in support of the chair that the job
of the committee is to determine whether a rule of the executive branch
is within the statutory authority granted by legislative branch.

Senators Lee, Cook, and Holbert and Representative Soper asked Mr. DeCecco
and Mr. Follenwider for clarification regarding the Attorney General's
opinion and memo published after that office's review of Rule 5-16.  

09:45:22 AM
Motion I move to extend Rule 5-16 of the rules of the State Personnel Board and State Personnel Director, Department of Personnel, and I urge a no vote.
Moved Soper
Buckner No
Cooke No
Herod No
Holbert No
Rodriguez No
Snyder No
Tipper Yes
Van Winkle No
Soper No
Lee No
YES: 1   NO: 9   EXC: 0   ABS:  0   FINAL ACTION:  FAIL