Senate Bill 25-147 Preamended

A Bill for an Act

• Page 1, Line 101Concerning modifications to the management of the public

• Page 1, Line 102employees' retirement association by the board of

• Page 1, Line 103trustees, and, in connection therewith, defining the

• Page 1, Line 104board as a local public body for purposes of the open

• Page 1, Line 105meetings law, establishing term limits for members of

• Page 1, Line 106the board, clarifying that the board must conduct its

• Page 1, Line 107meetings according to the open meetings law as a local

• Page 1, Line 108public body, requiring the board to post certain

• Page 1, Line 109meeting-related and financial information of the

• Page 1, Line 110association on the association's website, and clarifying

• Page 1, Line 111the authority of the board to manage and administer

• Page 1, Line 112the association.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

Section 1 of the bill defines the board of trustees of the public employees' retirement association (board) as a local public body for purposes of the open meetings law.

Section 2 limits the terms of both elected and appointed members of the board to not more than 2 consecutive 4-year terms; except that the state treasurer is not subject to the 2-term limit. A former trustee who has served 2 consecutive terms may be reelected or reappointed to the board after not serving on the board for a period of at least one term. Section 2 also clarifies how such term limits apply in the case of a vacancy appointment.

Section 3 requires the board, on and after January 1, 2025, to conduct its meetings in accordance with the open meetings law as a local public body and requires the board to post and regularly maintain and update the public employees' retirement association's (association) website with information including:

• The notice with specific agenda information, if available, for the board's next public meeting;
• The policy for and process by which a member of the public may participate in any public meeting of the board;
• A link or other means of public access to the records of past public meetings of the board; and
• The official email address of the board.

Section 3 also requires that, on or before January 1, 2026, and on or before January 1 of each calendar year thereafter, the board post certain financial information of the association on the association's website.

Section 4 clarifies that, while the board may delegate matters of day-to-day administration of the association to the executive director or other individuals, the board must retain authority and responsibility for the overall management of the association.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 2, Line 2SECTION 1.  In Colorado Revised Statutes, 24-6-402, amend (1)(a)(II) and (1)(a)(III); and add (1)(a)(IV) as follows:

• Page 2, Line 324-6-402.  Meetings - open to public - legislative declaration - definitions. (1)  For the purposes of this section:

• Page 3, Line 1(a) (II)  Notwithstanding the provisions of subparagraph (I) of this

• Page 3, Line 2paragraph (a) subsection (1)(a)(I) of this section, in order to assure

• Page 3, Line 3school board transparency "local public body" shall include members of

• Page 3, Line 4a board of education, school administration personnel, or a combination

• Page 3, Line 5thereof who are involved in a meeting with a representative of employees at which a collective bargaining agreement is discussed.

• Page 3, Line 6(III)  Notwithstanding the provisions of subparagraph (I) of this

• Page 3, Line 7paragraph (a) subsection (1)(a)(I) of this section, "local public body"

• Page 3, Line 8includes the governing board of an institute charter school that is authorized pursuant to part 5 of article 30.5 of title 22. C.R.S.

• Page 3, Line 9(IV)  Notwithstanding subsection (1)(a)(I) of this section,

• Page 3, Line 10"local public body" includes the board of trustees, created in

• Page 3, Line 11section 24-51-202, of the public employees' retirement association, created in section 24-51-201.

• Page 3, Line 12SECTION 2.  In Colorado Revised Statutes, 24-51-203, amend (2), (3), (4), and (5) as follows:

• Page 3, Line 1324-51-203.  Board - composition and election. (2)  The board

• Page 3, Line 14shall set the time and manner for the elections of trustees representing

• Page 3, Line 15members and retirees. Elected trustees may be reelected to the board for

• Page 3, Line 16an unlimited number of but shall not serve more than two

• Page 3, Line 17consecutive terms. but, Except for the state treasurer, no term the

• Page 3, Line 18consecutive terms for any trustee shall not exceed four years. A

• Page 3, Line 19former trustee who has served two consecutive terms may be

• Page 3, Line 20reelected to the board after not serving on the board for a period of at least one term.

• Page 3, Line 21(3)  The term for each of the trustees appointed by the governor is

• Page 4, Line 1four years; except that the terms shall be staggered so that no more than

• Page 4, Line 2one trustee's term expires in one year. Appointed trustees may be

• Page 4, Line 3reappointed to the board for an unlimited number of but shall not

• Page 4, Line 4serve more than two consecutive terms. A former trustee who

• Page 4, Line 5has served two consecutive terms may be reappointed to the

• Page 4, Line 6board after not serving on the board for a period of at least one term.

• Page 4, Line 7(4)  When a vacancy occurs on the board among the elected

• Page 4, Line 8trustees, the person who received the next highest number of votes in the

• Page 4, Line 9most recent election of trustees shall be appointed to serve as trustee until

• Page 4, Line 10the next election of trustees. If the person who received the next highest

• Page 4, Line 11number of votes is unwilling to serve as a trustee or if the trustee who

• Page 4, Line 12created the absence ran unopposed, the board shall appoint a trustee. In

• Page 4, Line 13either case, the appointed trustee shall be from the same division as the

• Page 4, Line 14trustee whose absence created the vacancy. A person appointed to

• Page 4, Line 15serve as a trustee pursuant to this subsection (4) remains

• Page 4, Line 16eligible to serve two additional full terms as trustee in accordance with subsection (2) of this section.

• Page 4, Line 17(5)  When a vacancy occurs among the three appointed trustees,

• Page 4, Line 18the governor shall appoint, with consent of the senate, a new trustee with

• Page 4, Line 19the experience and competence specified in paragraph (g) of subsection

• Page 4, Line 20(1) subsection (1)(g) of this section to serve the remainder of any

• Page 4, Line 21unexpired term. Such The appointee may serve on a temporary basis if

• Page 4, Line 22the general assembly is not in session when he or she the appointee is

• Page 4, Line 23appointed until the general assembly is in session and the senate is able

• Page 4, Line 24to consent to such the appointment. A person appointed to serve as

• Page 4, Line 25trustee pursuant to this subsection (5) remains eligible to serve

• Page 5, Line 1two additional full terms as trustee in accordance with subsection (3) of this section.

• Page 5, Line 2SECTION 3.  In Colorado Revised Statutes, 24-51-204, amend (2); and add (12) as follows:

• Page 5, Line 324-51-204.  Duties of the board - report. (2) (a)  The board shall

• Page 5, Line 4set the time and place for meetings, and conduct those meetings in

• Page 5, Line 5accordance with the provisions of part 4 of article 6 of this title and shall maintain a record of its proceedings title 24.

• Page 5, Line 6(b)  For purposes of part 4 of article 6 of this title 24, the

• Page 5, Line 7board is a local public body, as defined in section 24-6-402(1)(a)(I).

• Page 5, Line 8(12) (a)  On and after January 1, 2025, the board shall post

• Page 5, Line 9on and regularly maintain and update the association's website

• Page 5, Line 10to include, in a downloadable format for free public access, the most current information concerning the following:

• Page 5, Line 11(I)  The notice, with specific agenda information, if

• Page 5, Line 12available, including any available presentations and other

• Page 5, Line 13documents that might be considered at the next public meeting of the board as required by subsection (2) of this section;

• Page 5, Line 14(II)  The policy for and process by which a member of the public may participate in each public meeting of the board;

• Page 5, Line 15(III)  A link or other means of public access to the records of prior board meetings; and

• Page 5, Line 16(IV)  The official email address that the board uses to send communications to each board member.

• Page 5, Line 17(b)  On or before January 1, 2026, and on or before January

• Page 5, Line 181 of each calendar year thereafter, the board shall post on the

• Page 6, Line 1association's website the association's most current financial information as follows:

• Page 6, Line 2(I)  The annual compensation amount paid to each employee of the association;

• Page 6, Line 3(II)  The amount and method of calculation of each annual bonus awarded to each employee of the association;

• Page 6, Line 4(III)  The total annual amount of money paid by the association to third-party service providers;

• Page 6, Line 5(IV)  The total annual amount of money expended by the

• Page 6, Line 6association for travel costs incurred by members of the board,

• Page 6, Line 7including both elected trustees reimbursed by the association

• Page 6, Line 8pursuant to section 24-51-203 (6) and appointed trustees compensated by the association pursuant to section 24-51-203 (7);

• Page 6, Line 9(V)  The total annual amount of money expended by the

• Page 6, Line 10association for travel costs incurred by the executive director

• Page 6, Line 11of the association and any other individual holding an executive position with the association;

• Page 6, Line 12(VI)  The association's annual budget;

• Page 6, Line 13(VII)  The association's annual audited financial statements;

• Page 6, Line 14(VIII)  The association's salary schedules or policies; and

• Page 6, Line 15(IX)  The association's actual expenditures, including

• Page 6, Line 16actual salary expenditures and actual benefit expenditures reported by job category.

• Page 6, Line 17(c)  Notwithstanding any other provision of this section,

• Page 6, Line 18this subsection (12) does not require the board to report or

• Page 6, Line 19otherwise disclose personal information relating to payroll,

• Page 7, Line 1including payroll deductions or contributions, or any other

• Page 7, Line 2information that is confidential or otherwise protected from disclosure pursuant to state or federal law.

• Page 7, Line 3SECTION 4.  In Colorado Revised Statutes, 24-51-205, amend (6)(a) introductory portion and (6)(b) as follows:

• Page 7, Line 424-51-205.  General authority of the board. (6) (a)  The board

• Page 7, Line 5may delegate any of its responsibilities, duties, and authorities as set forth

• Page 7, Line 6in this article article 51 to the executive director of the association

• Page 7, Line 7or to designated agents of the association. The board shall retain

• Page 7, Line 8final authority and responsibility for the management of the

• Page 7, Line 9association and all duties and powers authorized by this article

• Page 7, Line 1051 through the administrative review procedures authorized by

• Page 7, Line 11subsection (1) of this section. Subject to paragraph (b) of this

• Page 7, Line 12subsection subsection (6)(b) of this section, the executive director

• Page 7, Line 13may correct an administrative error made by the board, the executive

• Page 7, Line 14director, or the employees of the association and may make any

• Page 7, Line 15appropriate correcting adjustments upon receiving written documentation of the following:

• Page 7, Line 16(b)  The executive director shall file a report monthly with the

• Page 7, Line 17board setting forth the administrative errors corrected pursuant to

• Page 7, Line 18paragraph (a) of this subsection subsection (6)(a) of this section. Such

• Page 7, Line 19corrections shall be subject to board review after which the board may take any action it deems appropriate with regard to such errors.

• Page 7, Line 21SECTION 5.  Safety clause. The general assembly finds,

• Page 7, Line 22determines, and declares that this act is necessary for the immediate

• Page 7, Line 23preservation of the public peace, health, or safety or for appropriations for

• Page 8, Line 1the support and maintenance of the departments of the state and state institutions.