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Case No. 98CV5863 Plaintiffs' Opening Breif December 1998
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Case No. 98CV5863 Plaintiffs' Opening Breif December 1998
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Water Supply Protection
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Case No. 98CV5863 Plaintiffs' Opening Breif December 1998
State
CO
Date
12/9/1998
Author
Hall, Vonda G.
Title
Case No. 98CV5863 Plaintiffs' Opening Breif December 1998
Water Supply Pro - Doc Type
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vested in the licensing authority . . . is not to be construed as <br />authority to establish a local public policy either by express <br />resolution or by secret agreement contrary to the state statutes <br />There could be no greater demonstration of arbitrariness "). <br />The Director's summary adoption of the Department's position <br />in this matter was arbitrary and capricious. The statute requires <br />the Director to make determinations regarding salary levels based <br />on the "compensation of comparable employments in other places of <br />public and private employment in appropriate competitive labor <br />markets." C.R.S. X24- 50- 104(3)(e). C.R.S. X24- 50- 104(2)(a) <br />provides that the policy of the state is to pay salaries "found by <br />the [Director] to prevail for comparable kinds of employment in <br />typical places of public and private employment with which the <br />state competes in recruiting." The record reflects here that the <br />Department went outside its recruitment area (Colorado), ignored <br />data without providing any rationale, and relied exclusively on <br />out -state data. See Respondent's position statement. <br />The Director was hardly meticulous or thorough in his review <br />of the Employees' appeals. In his Findings, found in Appendix A <br />under Issues and Discussion, he merely adopts the Department's <br />position: <br />(1) In addressing the issue of the need for the system <br />10 <br />
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