Colo. Rev. Stat. » Title 24
Colorado Revised Statutes

Colo. Rev. Stat. § 24-50-123 (2024)

Grievances - review

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(1) The board shall, by rule promulgated in accordance with article 4 of this title, adopt uniform procedures to be used by all principal departments and institutions of higher education in developing grievance processes for their employees. The grievance procedures shall provide an orderly system of review for all grievances and shall define matters that are subject to such grievance procedures.

(2) Matters arising under sections 24-50-125 and 24-50-104 (1)(c) shall not be subject to a grievance procedure under this section.

(3) The decision of the appointing authority shall be final; except that an employee may petition the board for review. The board may grant the petition only when it appears that the decision of the appointing authority violates an employee's rights under the federal or state constitution, part 4 of article 34 of this title, article 50.5 of this title, or the grievance procedures adopted pursuant to subsection (1) of this section. The board shall review and summarily grant or deny a petition within one hundred twenty days of receipt of the petition; except that petitions filed with the board that result in an investigation pursuant to section 24-50-125.3 or 24-50.5- 104 are exempt from the one-hundred-twenty-day review requirement. Any petition granted shall be determined in accordance with section 24-50-125.4. Source: L. 72: R&RE, p. 173, § 1. C.R.S. 1963: § 26-1-23. L. 77: Entire section amended, p. 1220, § 2, effective August 2. L. 81: Entire section amended, p. 1202, § 19, effective July 1. L. 99: Entire section amended, p. 595, § 2, effective August 4. L. 2000: Entire section amended, p. 788, § 1, effective August 2. L. 2004: Entire section amended, p. 1694, § 30, effective July 1, 2005. L. 2005: (3) amended, p. 633, § 2, effective May 27. L. 2010: (3) amended, (HB 10-1003), ch. 70, p. 241, § 1, effective August 11.

Notes of Decisions
Cited in 5 cases, 1984–1997 · leading case: Colorado Ass'n of Pub. Employees v. Lamm, 677 P.2d 1350 (Colo. 1984).
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Colorado Ass'n of Pub. Employees v. Lamm, 677 P.2d 1350 (Colo. 1984). · cites it 2× “) The court also invalidated section 24-50-123, which limits Board reversal of grievance decisions made by the appointing authority to circumstances where the Board finds that “the decision was made arbitrarily or capriciously,” thus — in the trial court’s view — interfering…”
Colorado Ass'n of Pub. Employees v. Dep't of Highways, 809 P.2d 988 (Colo. 1991). “, § 24-50-104(8) (Board to provide by rule for periodic salary increases based on system of performance evaluation); § 24-50-104(9)(a) (Board to prescribe by rule amount and conditions of annual leave and sick leave); § 24-50-123 (Board to adopt by rule uniform grievance…”
Bourie v. Dep't of Higher Educ., 929 P.2d 18 (Colo. Ct. App. 1996). · cites it 3× “Section 24-50-123, C.R.S. (1988 Repl.Vol.”
Rice v. Departments of Corr., 950 P.2d 676 (Colo. Ct. App. 1997). · cites it 3× “Section 24-50-123, C.R.S.1997, states that the board shall adopt a uniform grievance procedure to be used for employees in the state personnel system and that: “The grievance procedure shall provide an orderly system of review for all grievances, except those arising under…”
Ivy v. State, 860 P.2d 602 (Colo. Ct. App. 1993). · cites it 4× “Ivy, a state employee, appeals from an order of the State Personnel Board that denied his request for a hearing upon the grievance he filed pursuant to § 24-50-123, C.R.S. (1988 Repl. Vol. 10B) and rules R10-2-1, et seq.”
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