AGO 84-18.

Case Date:October 02, 1984
Court:Colorado
 
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Colorado Attorney General Opinions 1984. AGO 84-18. October 2, 1984Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 84-18 AG Alpha No. AD AC AGAKH James A. Stroup State Controller Division of Accounts & Control Department of Administration 1525 Sherman Street, Room 706 Denver, Colorado 80203 RE: Reimbursement of moving expenses upon rehire of employees on reemployment listsDear Mr. Stroup: This opinion letter is in response to your inquiry regarding the right of an individual on a state reemployment list to receive reimbursement for moving expenses upon rehire. You indicate that such reimbursement is provided for in the fiscal rules, but it is not clear whether it is authorized by statute. QUESTION PRESENTED AND CONCLUSION Your request for an attorney general's opinion presents the question: Whether section 24-50-134, C.R.S. (1982) authorizes the reimbursement of moving expenses when an individual on a state reemployment list is rehired by the state into a position located in a city or town other than the city or town where the individual was working for the state at the time he was laid off. My conclusion is "no." ANALYSIS The statute which authorizes reimbursement of moving expenses for state employees, section 24-50-134(1), C.R.S. (1982), reads as follows: When an employee in the state personnel system is required by any appointing authority, because of a change in assignment or a promotion or for any other reason related to his duties, to change his place of residence , such employee shall be allowed his moving and relocation expenses incurred by reason of such change of residence, subject to the provisions of this section. Under the language of this statute, an individual seeking reimbursement for moving expenses must be: an employee in the state personnel system; required by an appointing authority to change his place of residence; so required because of a change in assignment or a promotion or for any other reason related to his duties. The first question presented is whether an individual on a state reemployment list is an "employee" in the state personnel system. State reemployment lists contain the names of certified employees who were laid off for lack of work, lack of funds, or reorganization. Section 24-50-115(1), C.R.S. (1982). The status and rights of...

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