Business Policies

Policy 4-18: Position Exemption from the State Personnel System

* Issued: 01-05
* Revised:

I. PURPOSE

The purpose of this policy is to establish procedures for the request and approval for exemption of positions from the State of Colorado personnel system.

II. GENERAL

A. Policy Statement and Authority: Positions are assumed to be in the state personnel system unless exempted by the State of Colorado Constitution or statute. C.R.S. 24-50-135 (1), et.seq. remains the statutory authority for most exemptions. SB04-007 added authority to exempt research and/or grant-funded positions where the funding is limited by a known expiration date. SB04-007 also gives State of Colorado agencies the authority to review and approve positions to be exempted from the state personnel system. This policy will be effective for all positions reviewed or created after August 4, 2004.

B. Process

1. A Fort Lewis College Position Exemption Request Form must be completed for each position requested for exemption. All supporting documentation must be attached and includes:

i. Organizational Chart

ii. Job Description

2. The completed request form must be approved by the appropriate Vice President.

3. The request form must be submitted to the Director of Human Resources for review and recommendation.

4. The final decision regarding approval or denial will be made by the President of the College (or the person to whom the President of the College has delegated exemption authority.)

5. Notification of the final decision shall be made by the Director of Human Resources. Classified staff incumbents of current positions shall be given notice of their right to appeal the decision and information regarding the procedure used to do so.

C. Recordkeeping

1. Documentation indicating each exempted position has been reviewed and approved, and all supporting documentation will be maintained by the Human Resources Office.

2. An annual report listing all positions approved must be submitted to the Executive Director of the State Department of Personnel by December 31st of each year. A copy of each annual report must be maintained for a minimum of three years. This report should be submitted in the format currently required by the Department of Personnel. Data in the report shall include:

i. Position number

ii. Position title

iii. Date last approved for exemption

iv. Specific statutory paragraph on which approval is based

D. Audits/Appeals

1. Periodic audits of Fort Lewis College policy and the application of the policy will be conducted by the Department of Personnel. The audit will include, but may not be limited to:

i. Adequacy of internal review and approval processes

ii. Compliance with statutory criteria for exemptions

iii. Thoroughness of the annual report required by the state personnel director

iv. Items of special interest to the state personnel director

2. All appeals must be forwarded to the State Personnel Board on the Consolidated Appeal/Dispute Form, or its equivalent, within 10 days of notification of the exempt action.

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