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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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ARGUMENT <br />A. The Director acted outside his statutory authority when he <br />concluded a salary reduction for the Employees was proper. <br />In his decision, the Director characterizes the study as a <br />"system maintenance study." (Appendix A, p. 5, 12.) All that was <br />done here was to revise the salaries of affected classes through <br />the use of surveys. The Department itself recognizes that there is <br />not any statutory authority for a salary relationship study. In <br />its position statement, it states: "There are two different <br />processes for maintaining the salaries in the State Personnel <br />System, i.e., one is the annual salary survey and the other is a <br />system maintenance study." (Rec., Vol. XV, p. 6850, 12.) <br />The Department's own procedures define a system maintenance <br />study as: "The investigation and analysis of an occupation(s) in <br />relation to compensation and job evaluation principles and factors <br />whose purpose is to determine if classes and pay grades are <br />accurate and all positions are properly placed in new classes." 4 <br />CCR 801 -1, Administrative Procedure P12 -1 -28. What was done here <br />was obviously a salary survey and thus falls within the procedural <br />requirements of that portion of the statute. See also restatement <br />of the Department's position in the Director's Decision: "From the <br />beginning, this was a system maintenance study designed to <br />determine the pay relationships (emphasis added) between the <br />
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