5BE9B16EA3688F2D872587B100583379 Hearing Summary CLICS/CLICS2021A/commsumm.nsf PUBLICBILL SUMMARY For RULES OF THE STATE PERSONNEL BOARD AND STATE PERSONNEL DIRECTORJOINT COMMITTEE COMMITTEE ON LEGAL SERVICESDate Dec 20, 2021 Location Old State Library Rules of the State Personnel Board and State Personnel Director - Committee Discussion Only Attachment Tag File Name Attachment http://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/0/160097D40245...$File/210212EAD.pdf?OpenElement 210212EAD.pdf 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 Seconded 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