Case No. 98CV5863 Plaintiffs' Opening Breif November 1998

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DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO Case No. 98CV5863, Court Room 17 (Consolidated Cases 98CV6048 and 98CV5935) PLAINTIFFS' OPENING BRIEF COLORADO FEDERATION OF PUBLIC EMPLOYEES, JAMES ABRAHAM, et al., Plaintiffs, V. COLORADO DEPARTMENT OF PERSONNEL and ANDRE PETTIGREW in his official capacity as Executive Director of the Department of Personnel, Defendants. INTRODUCTION This case is an appeal of the State Department of Personnel (DOP) Director's decision to approve and adopt a System Maintenance Study of the Environmental Protection Specialists (EPS) and the Physical Science Researcher /Scientists (PSRS) classifications (JEL- 98 -11). Pro se Plaintiffs Janis Illian, Stephen R. Miller, Jr., Sue Uppendahl, Bahman Hatami, Baltazar Ray Alvarado, Jeff Baessler, Brian Hyde, John Van Sciver, Mark Uppendahl, Mark Matulik, David McElhaney, George Van Slyke, (originally filed as Case No. 98CV6048), respectfully submit this opening brief to address the fundamental flaws in the process and analysis used by DOP in conducting, reviewing and adopting the System Maintenance Study. In addition, pro se Plaintiffs join in the Opening Brief filed by the Colorado Federation of Public Employees (James Abraham, et al.). The issue of the action is whether the agency action is arbitrary and capricious, an abuse and unwarranted exercise of discretion, based upon findings of fact that are clearly erroneous on the whole record, or otherwise contrary to law. On March 20, 1998, Defendant, issued a notice of proposed system changes (JEL- 98 -11) to agency personnel administrators pursuant to §24 -50 -104 CRS. The proposed changes included salary reductions for employees in the EPS and PSRS series ranging from 5% to 121 /2 %. Each of the individually named pro se Plaintiffs appealed this decision to Defendant. Defendant issued a decision dated June 24, 1998, denying the appeals of the individually named Plaintiffs. Pursuant to §24- 50- 104(4)(d)(I), the pro se Plaintiffs filed a complaint with the District Court, City and County of Denver, Colorado, seeking judicial review pursuant to §24 -4 -106. Pro se Plaintiffs complained that the Defendant's actions were arbitrary and capricious, and an abuse and unwarranted exercise of discretion or based upon findings of fact that on the whole record are clearly erroneous and otherwise contrary to law. Page 1