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

Colo. Rev. Stat. § 24-50-137 (2024)

Persons holding exempted positions

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(1) and (2) Repealed.

(3) (Repeal provision deleted by revision.)

(4) Any certified employee of the personnel system who accepts an appointment to an exempt position at the request of the governor or other elected or appointed officials of this state shall be granted leave without pay from his personnel system position for the initial period of appointment to the exempt position. Upon termination of the initial period of such appointment, such employee shall be reinstated to his former position with no loss of any rights or benefits accruing to that position in his absence and with restoration of all accrued unused leave which he had at the time of acceptance of the exempt appointment. In the event his former position no longer exists, the layoff procedure shall be followed. If such employee does not apply to return to his personnel system position within a thirty-day period of his termination from the exempt position, he shall be deemed to have resigned.

Source: L. 72: R&RE, p. 177, § 1. C.R.S. 1963: § 26-1-37. L. 73: p. 425, § 12. Editor's note: Subsection (3) provided for the repeal of subsections (1) and (2), effective on the second Tuesday of January 1975, and is therefore deleted by revision as obsolete.

Notes of Decisions
Cited in 2 cases, 1989–1992 · leading case: Wilkerson v. State, 830 P.2d 1121 (Colo. Ct. App. 1992).
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Wilkerson v. State, 830 P.2d 1121 (Colo. Ct. App. 1992). · cites it 2× “Further, one former Board member who was reappointed had a right to return to a position in his former classification pursuant to § 24-50-137(4), C.R.S. (1988 Repl. Vol. 10B), and another former Board member was temporarily appointed as a hearing officer for the new Board…”
Fogel v. Colorado State Hosp., 778 P.2d 318 (Colo. Ct. App. 1989). · cites it 2× “Even assuming that Fogel did not acquire an exempt status by reason of his designation as a “Senior Instructor” for the University, see Colo. Const, art.”
Colo. Rev. Stat. § 24-50-137(4): 1 case
Wilkerson v. State, 830 P.2d 1121 (Colo. Ct. App. 1992). “Further, one former Board member who was reappointed had a right to return to a position in his former classification pursuant to § 24-50-137(4), C.R.S. (1988 Repl. Vol. 10B), and another former Board member was temporarily appointed as a hearing officer for the new Board…”
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