Colo. Rev. Stat. § 13-100-103

Current through Chapter 519 of the 2024 Legislative Session and Chapter 2 of the 2024 First Extraordinary Session
Section 13-100-103 - Office of administrative services for independent agencies -created - repeal
(1) There is created in the judicial department the office of administrative services for independent agencies to act as an independent agency that provides centralized administrative and fiscal support services for the included agencies.
(2)
(a) On or before June 30, 2025, the office and the judicial department shall enter into a memorandum of understanding that contains, at a minimum, requirements related to the establishment of fiscal rules and ongoing access to, or the use of, judicial department systems, contracts, or resources that are in the interest of providing administrative and fiscal support services efficiently and at low cost to the state, which includes the judicial department's systems for administering payroll, benefits, and leave for employees of the agencies served by the office.
(b) Beginning January 1, 2026, if the included agencies' use of the judicial department's systems, contracts, or resources creates additional costs to the judicial department, those costs must be identified, quantified, negotiated, and incorporated into the memorandum of understanding, and paid for by the office.
(c) The office may negotiate shared resources for the included agencies, and the included agencies may participate in an office-negotiated agreement or may negotiate their own agreements independently of the office concerning the shared resources.
(3) The office consists of a director and any other staff position deemed necessary by the director within existing appropriations.
(4) The office is governed by an advisory board that consists of the director of each included agency and the director of any independent agency that is added to the judicial department on or after July 1, 2024. The director of an included agency may appoint a designee to serve on the advisory board on the director's behalf. In order to maintain board discussion and decision continuity and consistency, a designee is a full voting member of the board, must serve for at least one full fiscal year, and may not be replaced during that period by either a substitute designee or by the director, unless the designee is no longer employed by the included agency.
(5) Through June 30, 2025, the chairperson of the advisory board is the director of the office of the child protection ombudsman. Thereafter, the advisory board shall appoint its chair and officers, as necessary.
(6)
(a) The advisory board is responsible for the following:
(I) On or before July 1, 2024, hiring an office director, by majority vote of the advisory board; and
(II) Securing a review of the functions and performance of the office and the director that occurs at least biannually beginning no later than July 1, 2026, to be performed by a third party and used by the board to effectively provide credible, documented, and supported supervisory oversight by the advisory board, as necessary.
(b) The advisory board may remove the director with or without cause by a two-thirds vote of the advisory board.
(c) The chair, acting for the advisory board, may contract with a human resources consultant to provide recruiting assistance to hire an office director, as necessary.
(7) The office director shall:
(a) On or before October 1, 2024, in consultation with the technical support liaisons pursuant to subsection (9) of this section, establish a workload capacity and staff resource plan for the office for fiscal years 2024-25 and 2025-26;
(b) On or before November 1, 2024, prepare a budget request for the office that includes necessary budget request amendments to fund the workload capacity and staff resource plan for fiscal years 2024-25 and 2025-26;
(c) On or before October 1, 2024, begin recruiting and hiring staff positions;
(d) Work in partnership with the judicial department to guide and support the transition of services provided to the included agencies until the transition to the office is completed;
(e) Administer the office in accordance with a memorandum of understanding with the judicial department pursuant to subsection (2) of this section and memorandums of understanding with each of the included agencies pursuant to subsection (10) of this section;
(f) On or before June 30, 2025, and on or before June 30 of each year thereafter, if necessary, update the office operating policies; and
(g) Meet with each director of the included agencies individually at least once per month to maintain consistent and regular communication regarding the provision of services provided by the office to each included agency.
(8) Once the transition of services is completed, the office is responsible for providing the following to the included agencies:
(a) Budget; accounting; payroll, including time and leave tracking; and human resources services including policy guidance, documentation assistance, and coordination of records for all specialized leave situations;
(b) Centralized budget support that preserves the included agencies' independence concerning budget request amendments and provides a consolidated and streamlined budget submission process for all included agencies pursuant to section 13-100-104;
(c) Guidance, but not the execution or primary provision of direct services, for contracts, purchasing, and procurement, except as otherwise specified within an included agency's memorandum of understanding;
(d) Maintenance of a single, consolidated compensation plan for all occupational classes in the included agencies pursuant to section 13-100-104. The included agencies retain independence in defining each included agency's organizational staff positions, structures, and personnel rules.
(e) Beginning July 1, 2025, information technology technical consultation for, or assistance with, the following:
(I) Information technology systems' access to statewide networks and systems and compliance with security standards established by the governor's office of information technology for included agency information technology systems; and
(II) Information technology vendor and consultant procurement.
(9)
(a) To establish the workload capacity and staff resource plan required in subsection (7)(a) of this section and maintain an ongoing statewide systems support network for the office, the office director must be assigned technical support liaisons from executive branch agencies involved in the primary provision of statewide support services policy and systems. This technical support network is primarily intended to assist the director in establishing workload capacity metrics for the initial staff resource plan for the office. Technical support liaisons must be assigned from the following state agencies:
(I) A budget systems access and support liaison from the office of state planning and budgeting;
(II) Human resources, payroll, accounting, and procurement liaisons from the department of personnel; and
(III) A statewide information technology network, security, and systems support liaison or liaisons, as necessary, from the governor's office of information technology.
(b) The state court administrator's office is encouraged to assign equivalent technical support liaisons across these administrative support functions in order to enhance the transition of support services to the office, maintain an ongoing judicial systems support network for the office, and encourage clear communication and understanding of judicial department systems and policies.
(10)
(a) On or before June 30, 2025, the director shall enter into a memorandum of understanding with each included agency. Each memorandum of understanding must establish a timeline for the provision of services and expectations for discrete support services. The memorandum of understanding serves as a statement of rights and responsibilities for the included agency and the office.
(b) Included agencies shall not receive additional direct appropriations for the provision of services described in section 13-100-103 (8).
(11)
(a)
(I) The judicial department shall provide the office with office space in the Ralph L. Carr Colorado judicial center. Beginning January 1, 2026, the judicial department may require leased space payments for the office or for included agencies, consistent with established judicial center tenant policies.
(II) Included agencies that currently occupy office space in the Ralph L. Carr Colorado judicial center must remain located in the Ralph L. Carr Colorado judicial center.
(b) Through December 31, 2025, the judicial department shall provide the office with access to, or the use of, department systems, contracts, and resources that are related to providing administrative and fiscal support services efficiently and at low cost to the state, which must include judicial department systems for administering payroll, benefits, and leave for included agency employees.
(c) Beginning January 1, 2026, if the included agencies' use of the judicial department's systems, contracts, or resources creates additional costs to the judicial department, those costs must be identified, quantified, negotiated, and incorporated into the memorandum of understanding and paid for by the office.
(12)
(a) The judicial department shall work in partnership with the office to guide and support the transition of support services provided to the included agencies. The judicial department is responsible for effectuating a successful transfer of support services to the office in a way that enables the office to independently deliver support services.
(b) The judicial department shall provide the office with accounting support, information technology support, human resources and payroll services, and similar support services, without cost to the office until the transition of services is complete.
(c) Notwithstanding any provision of law for the included agencies and memoranda of understanding between the judicial department and each included agency, and notwithstanding more limited interpretations of required administrative support services provisions by the judicial department, the judicial department, through the office of the state court administrator, shall provide the services detailed in subsection (8)(a) of this section to the included agencies until the transition of services is complete.
(d) The director shall notify the revisor of statutes in the office of legislative legal services in writing that the transition of services is complete using the e-mail address revisor of statutes.ga@coleg.gov.
(e) This subsection (12) is repealed upon receipt of the notification described in subsection (12)(d) of this section that the transition of services is complete.

C.R.S. § 13-100-103

Amended by 2024 Ch. 308,§ 1, eff. 5/31/2024.