(3.5) A search committee of a state public body or local public body shall establish job search goals, including the writing of the job description, deadlines for applications, requirements for applicants, selection procedures, and the time frame for appointing or employing a chief executive officer of an agency, authority, institution, or other entity at an open meeting. The state or local public body shall name one or more candidates as finalists for the position of chief executive officer. The state or local public body shall make public the finalist or finalists under consideration for the position of chief executive officer no later than fourteen days prior to appointing or employing a finalist to fill the position. No offer of appointment or employment shall be made prior to this public notice. Records submitted by or on behalf of a finalist for such position shall be subject to section 24-72-204 (3)(a)(XI). Nothing in this subsection (3.5) shall be construed to prohibit a search committee from holding an executive session to consider appointment or employment matters not described in this subsection (3.5) and otherwise authorized by this section.
Source: Initiated 72. L . 73: p. 1666, § 1. C.R.S. 1963: § 3-37-402. L . 77: (1) and (2) amended and (3) added, pp. 1155, 1157, §§ 1, 1, effective June 19. L. 85: (2.6) added, p. 644, § 6, effective June 19. L. 87: (1), (2.3)(a), (2.3)(b), and (2.5) amended and (2.3)(f) added, p. 926, § 1, effective March 27. L. 89: (2.3)(f) amended, p. 1004, § 4, effective October 1. L. 91: Entire section amended, p. 815, § 2, effective June 1; (3)(a)(VI) amended, p. 586, § 6, effective October 1. L. 92: (2)(f) added, p. 972, § 1, effective April 23. L. 96: (2)(d)(III) added, p. 1480, § 2, effective June 1; (1)(b), (1)(d), (2)(d), IP(3)(a), (3)(a)(II), (3)(a)(V), (3)(b), IP(4), (4)(c), (5), and (7) amended and (3.5) added, p. 691, § 1, effective July 1. L. 97: (3.5) amended, p. 320, § 1, effective April 14. L. 99: (4)(g) amended, p. 205, § 1, effective March 31. L. 2000: (1)(d) amended and (3)(a)(VII) added, pp. 414, 415, §§ 4, 5, effective April 13. L. 2001: (3)(a)(III) amended, p. 150, § 5, effective March 27; (2)(d.5) added and IP(3)(a), (3)(b), IP(4), and (4)(f) amended, pp. 1069, 1072, §§ 1, 2, effective August 8. L. 2002: (3)(a)(IV) and (4)(d) amended, p. 238, § 7, effective April 12; (2)(d.5)(I)(A) and (2)(d.5)(II)(A) amended, p. 643, § 3, effective May 24; (3)(a)(VIII) added, p. 85, § 1, effective August 7. L. 2006: (2)(d.5)(I)(A), (2)(d.5)(I)(B), (2)(d.5)(II)(A), and (2)(d.5)(II)(B) amended, p. 9, § 1, effective August 7. L. 2009: (2)(d.5)(I)(B) and (3)(a)(II) amended, (HB 09-1124), ch. 94, p. 359, § 1, effective August 5; (4)(g) amended, (SB 09-292), ch. 369, p. 1967, § 74, effective August 5. L. 2010: (3)(d) added, (SB 10-003), ch. 391, p. 1859, § 40, effective June 9. L. 2012: (2)(d)(IV) added, (HB 12-1169), ch. 64, p. 227, § 1, effective March 24. L. 2014: (2)(d.5)(II)(E) amended, (SB 14-182), ch. 393, p. 1986, § 2, effective June 6; (9) amended, (HB 14-1390), ch. 380, p. 1859, § 1, effective June 6. Initiated 2014: (1)(a) and (4)(e) amended, L. 2015, p. 2203, § 1, effective upon proclamation of the governor, December 17, 2014. L. 2016: (1)(a)(III) added and (1)(d) amended, (HB 16-1422), ch. 351, p. 1436, § 15, effective June 10. L. 2019: IP(3)(a) and (3)(a)(III) amended, (SB 19-244), ch. 243, p. 2377, § 2, effective May 20; (2)(c) amended, (HB 19-1087), ch. 134, p. 608, § 1, effective August 2; IP(4) and (4)(e) amended, (HB 19-1201), ch. 98, p. 359, § 1, effective September 1. L. 2021: (2)(c)(IV) amended, (SB 21-268), ch. 222, p. 1185, § 23, effective June 11; (3.5) amended, (HB 21-1051), ch. 183, p. 986, § 2, effective September 7; (2)(d)(III) amended, (HB 21-1025), ch. 24, p. 110, § 1, effective September 7.
Editor's note: (1) Subsection (2.3)(f) was amended by House Bill No. 1143, enacted by the General Assembly at its first regular session in 1989, as a conforming amendment necessitated by the authorization for the operation of the university of Colorado university hospital by a nonprofit-nonstock corporation. The Colorado Supreme Court subsequently declared House Bill No. 1143 unconstitutional in its entirety. See Colorado Association of Public Employees v. Board of Regents, 804 P.2d 138 (Colo. 1990). Senate Bill 91-225, enacted by the General Assembly at its first regular session in 1991, authorized the operation of university hospital by a newly created university of Colorado hospital authority. Since the previous act was declared unconstitutional in its entirety, the General Assembly elected to make a similar conforming amendment in Senate Bill 91-225. However, subsection (2.3)(f) was amended in Senate Bill 91-33, enacted by the General Assembly at its first regular session in 1991. The provisions of said subsection (2.3)(f) were moved to subsection (3)(a), and, therefore, said subsection was the version amended. For further explanation of the circumstances surrounding the enactment of Senate Bill 91-225, see the legislative declaration contained in section 1 of chapter 99, Session Laws of Colorado 1991.
(2) The vote count on the measure at the general election held November 4, 2014, was as follows:
FOR: : 1,364,747
AGAINST: : 582,473
(3) Section 2(2) of chapter 24 (HB 21-1025), Session Laws of Colorado 2021, provides that the act changing this section applies to electronic mail communication sent on or after September 7, 2021.
Cross references: (1) For the legislative declaration contained in the 1996 act enacting subsection (2)(d)(III), see section 1 of chapter 271, Session Laws of Colorado 1996. For the legislative declaration contained in the 2002 act amending subsections (2)(d.5)(I)(A) and (2)(d.5)(II)(A), see section 1 of chapter 187, Session Laws of Colorado 2002. For the legislative declaration in the 2010 act adding subsection (3)(d), see section 1 of chapter 391, Session Laws of Colorado 2010.
(2) For the legislative declaration in HB 21-1051, see section 1 of chapter 183, Session Laws of Colorado 2021.