It surely was no coincidence that on the same day a legislative committee tossed out personnel rules unilaterally imposed by a state agency, veteran Sen. Dave Owen announced he would introduce legislation proposing many of the same rules.
That’s a fine approach. Call us sticklers, but we like it because it’s legal.
Voters in 2004 were asked to update the state’s personnel system. We, along with the current governor and his predecessors, favored the changes. But in Colorado such changes require voter approval, and voters delivered a resounding verdict: no.
Imagine the surprise, then, when state Personnel Director Jeff Wells, with Gov. Bill Owens’ blessing, secretly implemented the changes anyway, thumbing his nose at the voters and the state constitution. Three of the most controversial rules allow the state to hire temporary workers indefinitely; abolish civil-service positions in favor of personal contracts; and expand the pool of candidates for multiple hirings.
Lawyers for the legislature concluded that the new rules conflicted with state law and that Wells exceeded his authority by implementing them July 1. Wells did not show up for Monday’s hearing before the Joint Legal Services Committee, but he sent his deputy to wave the white flag. Paul Farley announced at the outset that the department had rescinded three of the July 1 rules “on our own initiative.” The state personnel board also wisely rescinded a new rule that allowed for delays in investigating whistleblower claims.
What the department did not disclose is how many people have been hired or promoted under their new rules. We were glad to hear Farley say those people would not be certified for permanent employment.
We urge the full legislature to adopt the committee report to throw out the illicit rules and give a close look to the legislation from Owen allowing state government more flexibility in hiring. His bill allows managers to consider the top six scorers on the civil service exam, up from three; increases the tenure of temporaries from six to nine months; and allows the temporary hiring of out-of-state workers. The bill does not allow governors more political appointments. Owen believes that was the main reason voters rejected the 2004 reforms.
To Wells, who trampled the will of the voters, we say it was a shameful effort. If Sen. Owen’s bill emerges from the legislature this year and heads for the November ballot, supporters will have the chance to make a strong case for changes. Otherwise, voters will remember the July 2005 subterfuge and vote “no” again.
