Anderson v. Lamm
In Anderson v. Lamm, 195 Colo. 437, 579 P.2d 620 (Colo. 1978), the court was confronted with the issue of the constitutionality of provisions of the appropriations bill which allocated "funds based on the number of full-time employees ("FTEs") which the legislature believed each county should have," and made "certain specifications as to the number of full-time employees that can be assigned to specific job categories." Anderson, 579 P.2d at 626.
The Anderson court determined that the executive's power to administer appropriated funds includes "the making of specific staffing and resource allocation decisions." Id. at 623-24;
The Anderson court further ruled that "the legislature may not attach conditions to a general appropriation bill which purport to reserve to the legislature powers of close supervision that are essentially executive in character." Anderson, 579 P.2d at 624.
Based on these principles, the court held that the conditions regarding the number of full time employees impermissibly "interfere with the executive authority to allocate staff and resources" and were therefore a violation of the separation of powers doctrine. Id. at 626.