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Director's Decision in this case was effective July 2, 1998, while <br />the Director's Decision in the Professional Services Occupational <br />Group, Case No. 978 - 0331 -CS -003, was effective July 1, 1998. As a <br />result of the difference in effective dates, the Employees in the <br />Professional Services Occupational Group benefit from the July 1, <br />1995 salary survey increase, while the Employees, Plaintiffs <br />herein, did not. <br />SUMMARY OF THE ARGUMENT <br />The Director acted outside his statutory authority when he <br />affirmed the decision to reduce the Plaintiffs' salaries. The <br />"study," relied upon by the Department to reduce the Employees' <br />salaries, did not comport with any statutory requirements or salary <br />survey procedures. C.R.S., §24 -50- 104(3)(4)(5). (A copy of C.R.S. <br />§24 -50 -104 is attached hereto as Appendix B.)1 <br />Further, the Director's actions, in summarily adopting the <br />Department's position on the matter, with little review of the <br />issues, constituted arbitrary and capricious action. Van De Vegt <br />v. Board of Commissioners, 98 Colo. 161, 55 P.2d 703 (1936). <br />1 During the 1998 legislation session, §24 -50 -104 was <br />repealed and reenacted with some changes. 1998 Colo. Sess. Laws, <br />p. 668, §1. However, the earlier statute is applicable here. <br />7 <br />