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.
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 thisPage 3, Line 2
paragraph (a)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 thisPage 3, Line 7
paragraph (a)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) (a) 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
forPage 3, Line 16
an unlimited number ofPage 3, Line 17consecutive terms.
but,no termPage 3, Line 18consecutive terms for any trustee shall not exceed
fourPage 3, Line 19A former 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(b) The limitation on the number of consecutive terms
Page 4, Line 1that a trustee representing members or retirees may serve that
Page 4, Line 2is set forth in subsection (2)(a) of this section applies to terms
Page 4, Line 3beginning on or after the effective date of this subsection (2), as amended.
Page 4, Line 4(3) (a) The term for each of the trustees appointed by the governor
Page 4, Line 5is four years; except that the terms shall be staggered so that no more than
Page 4, Line 6one trustee's term expires in one year. Appointed trustees may be
Page 4, Line 7reappointed to the board
for an unlimited number ofPage 4, Line 8serve more than two consecutive terms. A former trustee who
Page 4, Line 9has served two consecutive terms may be reappointed to the
Page 4, Line 10board after not serving on the board for a period of at least one term.
Page 4, Line 11(b) The limitation on the number of consecutive terms
Page 4, Line 12that a trustee appointed by the governor may serve that is set
Page 4, Line 13forth in subsection (3)(a) of this section applies to terms
Page 4, Line 14beginning on or after the effective date of this subsection (3), as amended.
Page 4, Line 15(4) When a vacancy occurs on the board among the elected
Page 4, Line 16trustees, the person who received the next highest number of votes in the
Page 4, Line 17most recent election of trustees shall be appointed to serve as trustee until
Page 4, Line 18the next election of trustees. If the person who received the next highest
Page 4, Line 19number of votes is unwilling to serve as a trustee or if the trustee who
Page 4, Line 20created the absence ran unopposed, the board shall appoint a trustee. In
Page 4, Line 21either case, the appointed trustee shall be from the same division as the
Page 4, Line 22trustee whose absence created the vacancy. A person appointed to
Page 4, Line 23serve as a trustee pursuant to this subsection (4) who serves
Page 4, Line 24at least one-half of the term for which the person is filling the
Page 5, Line 1vacancy shall be considered to have served a term for purposes
Page 5, Line 2of the limitation on consecutive terms set forth in subsection (2) of this section.
Page 5, Line 3(5) When a vacancy occurs among the three appointed trustees,
Page 5, Line 4the governor shall appoint, with consent of the senate, a new trustee with
Page 5, Line 5the experience and competence specified in
paragraph (g) of subsectionPage 5, Line 6
(1)Page 5, Line 7unexpired term.
SuchPage 5, Line 8the general assembly is not in session when
he or shePage 5, Line 9appointed until the general assembly is in session and the senate is able
Page 5, Line 10to consent to
suchPage 5, Line 11trustee pursuant to this subsection (5) who serves at least
Page 5, Line 12one-half of the term for which the person is filling the vacancy
Page 5, Line 13shall be considered to have served a term for purposes of the
Page 5, Line 14limitation on consecutive terms set forth in subsection (3) of this section.
Page 5, Line 15SECTION 3. In Colorado Revised Statutes, 24-51-204, amend (2); and add (12) as follows:
Page 5, Line 1624-51-204. Duties of the board - report. (2) (a) The board shall
Page 5, Line 17set the time and place for meetings, and conduct those meetings in
Page 5, Line 18accordance with
the provisions oftitle and shall maintain a record of its proceedingsPage 5, Line 19(b) For purposes of part 4 of article 6 of this title 24, the
Page 5, Line 20board is a local public body, as defined in section 24-6-402(1)(a)(I).
Page 5, Line 21(12) (a) On and after January 1, 2025, the board shall post
Page 5, Line 22on and regularly maintain and update the association's website
Page 6, Line 1to include, in a downloadable format for free public access, the most current information concerning the following:
Page 6, Line 2(I) The notice, with specific agenda information, if
Page 6, Line 3available, including any available presentations and other
Page 6, Line 4documents that might be considered at the next public meeting of the board as required by subsection (2) of this section;
Page 6, Line 5(II) The policy for and process by which a member of the public may participate in each public meeting of the board;
Page 6, Line 6(III) A link or other means of public access to the records of prior board meetings; and
Page 6, Line 7(IV) The official email address that the board uses to send communications to each board member.
Page 6, Line 8(b) On or before January 1, 2026, and on or before January
Page 6, Line 91 of each calendar year thereafter, the board shall post on the
Page 6, Line 10association's website the association's most current financial information as follows:
Page 6, Line 11(I) The annual compensation amount paid to each employee of the association;
Page 6, Line 12(II) The amount and method of calculation of each annual bonus awarded to each employee of the association;
Page 6, Line 13(III) The total annual amount of money paid by the association to third-party service providers;
Page 6, Line 14(IV) The total annual amount of money expended by the
Page 6, Line 15association for travel costs incurred by members of the board,
Page 6, Line 16including both elected trustees reimbursed by the association
Page 6, Line 17pursuant to section 24-51-203 (6) and appointed trustees
Page 6, Line 18compensated by the association pursuant to section 24-51-203 (7);
Page 7, Line 1(V) The total annual amount of money expended by the
Page 7, Line 2association for travel costs incurred by the executive director
Page 7, Line 3of the association and any other individual holding an executive position with the association;
Page 7, Line 4(VI) The association's annual budget;
Page 7, Line 5(VII) The association's annual audited financial statements;
Page 7, Line 6(VIII) The association's salary schedules or policies; and
Page 7, Line 7(IX) The association's actual expenditures, including
Page 7, Line 8actual salary expenditures and actual benefit expenditures reported by job category.
Page 7, Line 9(c) Notwithstanding any other provision of this section,
Page 7, Line 10this subsection (12) does not require the board to report or
Page 7, Line 11otherwise disclose personal information relating to payroll,
Page 7, Line 12including payroll deductions or contributions, or any other
Page 7, Line 13information that is confidential or otherwise protected from disclosure pursuant to state or federal law.
Page 7, Line 14SECTION 4. In Colorado Revised Statutes, 24-51-205, amend (6)(a) introductory portion and (6)(b) as follows:
Page 7, Line 1524-51-205. General authority of the board. (6) (a) The board
Page 7, Line 16may delegate any of its responsibilities, duties, and authorities as set forth
Page 7, Line 17in this
articlePage 7, Line 18or to designated agents of the association. The board shall retain
Page 7, Line 19final authority and responsibility for the management of the
Page 7, Line 20association and all duties and powers authorized by this article
Page 7, Line 2151 through the administrative review procedures authorized by
Page 7, Line 22subsection (1) of this section. Subject to
paragraph (b) of thisPage 8, Line 1
subsectionPage 8, Line 2may correct an administrative error made by the board, the executive
Page 8, Line 3director, or the employees of the association and may make any
Page 8, Line 4appropriate correcting adjustments upon receiving written documentation of the following:
Page 8, Line 5(b) The executive director shall file a report monthly with the
Page 8, Line 6board setting forth the administrative errors corrected pursuant to
Page 8, Line 7
paragraph (a) of this subsectionPage 8, Line 8corrections shall be subject to board review after which the board may take any action it deems appropriate with regard to such errors.
Page 8, Line 10SECTION 5. Safety clause. The general assembly finds,
Page 8, Line 11determines, and declares that this act is necessary for the immediate
Page 8, Line 12preservation of the public peace, health, or safety or for appropriations for
Page 8, Line 13the support and maintenance of the departments of the state and state institutions.