PROPOSAL NUMBER: 023-04

1. Date proposed: October 24th, 2004
Name of the sponsor: Rick VanWie
Sunny Maynard
Chad McCool

2. PROPOSAL SUBJECT:
Oppose Referendum A - State Personnel System

3. FULL PROPOSAL:
The Green Party of Colorado (GPCO) opposes "Referendum A - State Personnel System", which will be on the November 2nd General Election ballot.

With this proposal, the GPCO will allow its name to appear in opposition to the referendum on websites, campaign letters, press releases, etc. The GPCO will also issue a press release stating its support.

4. BACKGROUND:
In 1918, the voters of Colorado adopted a constitutional civil service system for state employees. It has remained largely intact for almost 100 years while the workforce has increased to 31,000 employees. The work climate changed significantly when federal statutes like the Fair Labor Standards Act, the Civil Rights Act of 1964, the Americans with Disabilities Act and comparable state laws were enacted.

The proposed constitutional changes are a result of a study performed by the commission on Civil Service Reform. The commission gathered information and made recommendations to the governor on ways to modernize the civil service system in Colorado.

Commission members toured the state taking testimony from state employees, employee organizations, and administrators. The recommendations were drafted into a house resolution for the general assembly to consider. After house and senate committee hearings, all of the interested parties engaged in a negotiation to find terms agreeable to all parties. The resolution was amended to incorporate these changes. Both houses of the legislature passed the amended resolution.

HB 04-1373 is a companion bill which passed, but its enactment is contingent on the passage of the amendment. It repeals the current law that limits the use of contractors who provide services to the state. It allows contracts for all state government functions with certain restrictions.

Major Provisions:

* Prohibits age and sex discrimination, unless otherwise allowed by law.

* Allows the legislature to make exceptions to the residency law.

* Allows up to nine months of temporary employment in a twelve-month period.

* Changes the five-person personnel board to allow two state employees as members.

* Allows legislative changes to the duties of the board and the director of personnel. The board will retain the power over grievances, discipline, involuntary dismissals, and appeals. The executive director will have the authority to make rules for other personnel functions such as hiring, job classifications, and compensation.

* Exempts certain employees from the civil service system.

* Eliminates the requirement for competitive testing and instead requires applicants to be hired based on a comparison of qualifications. The legislature will determine the methods of comparing qualifications.

* Extends veterans preferences to some National Guard members.

* Enacts HB 04-1373, which allows privatization of government jobs.

5. JUSTIFICATION/GOALS:
This proposal seeks for the GPCO to oppose this referendum because:

- HB 04-1373, which allows the off-shoring of jobs.
- It will increase the privatization of state jobs without proof of reduction in costs.
- Contractors seeking contracts will attempt to buy support through increased campaign funding.

Though this includes need revisions in the Civil Service code, it hides the impact of HB 04-1373.

6. PROS AND CONS:
Pro / Con of officially endorsing this initiative
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Pros for this GPCO proposal:

This places the GPCO on the side of government workers, and we would be taking an advocacy position AGAINST privatization, because it creates a "payback" loop, with contractors making campaign donations to persons running for office, who turn around and ensure that the contracts are awarded to that donor.

Cons for this GPCO proposal:

Though certain parts of this Referendum are important changes (like prohibits age and sex discrimination, etc.), we are focusing on one part of the Referendum. This may be hard to explain to voters.

7. Alternatives to the proposal
- Take no action - Endorse this proposal

8. REFERENCES AND RESOURCES:

http://www.state.co.us/gov_dir/leg_dir/lcsstaff/2004/ballot/2004BluebookforInternet.PDF

http://www.members.aol.com/lwvco

http://cfpe.org/archives/00000029.php