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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
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process, thereby denying the Employees having their salaries "red- <br />lined.," (Rec., Vol. XV, p. 6850, 12.) <br />In essence, the Department put the cart before the horse. The <br />Department has, after the fact, categorized this study as a systems <br />maintenance study in order to avoid the statutory mandates of <br />C.R.S. §24 -50- 104(5), which include meeting and conferring with <br />management and employee representatives of state and TCAC setting <br />parameters of selection and utilization of the survey. <br />B. The Director's Decision is not supported by the record. <br />The Director's Decision is not in accordance with the evidence <br />in the record. The evidence included the fact that the only data <br />utilized by the Department in the salary survey was collected from <br />the group labor market of lowest priority, i.e. national. (Rec., <br />Vol. XV, pp. 6900 - 7181.) <br />The Director's bland adoption of the Department's conclusions <br />is not supported by the record, as set forth above. Under these <br />facts and this record, no reasonable person would conclude, as the <br />Director did, that the "study was conducted in an appropriate <br />manner and is no further need of review." (Appendix A, pp. 6 -7.) <br />Because the Director's Decision is not supported by the <br />record, it must be overturned. See Board of County Commissioners <br />of Gunnison v. Buckley, 213 P.2d 608 (Colo. 1949)( "While we agree <br />that a wide discretion is vested in the [Director] with respect to <br />17 <br />
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