Case No. 98CV6048 Answer June 1998

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DISTRICT COURT, CITY AND COUNTY OF DENVER, COLORADO Case No. 98CV6048, Courtroom 4 ANSWER JANIS ILLIAN, STEPHEN R. MILLER, JR., SUE UPPENDAHL, BARMAN HATAMI, RAY ALVARADO, JEFF BAESSLER, BRIAN HYDE, JOHN VAN SCIVER, MARK UPPENDAHL, MARK MATULIK, DAVID MCELHANEY, GEORGE VAN SLYKE, Plaintiffs, V. COLORADO DEPARTMENT OF PERSONNEL and ANDRE PETTIGREW in his official capacity as Executive Director of the Department of Personnel, Defendants. The Defendants, Colorado Department of Personnel ( "Department") and Andre Pettigrew ( "Director "), in his official capacity as Executive Director of the Department, by the Attorney General of the State of Colorado through the undersigned Assistant Attorney General, hereby answer the complaint for Judicial Review as follows: The Defendants admit the allegations of paragraph 1. 2. The Defendants admit the allegations of paragraph 2. 3. The Defendants admit the allegations of paragraph 3. 4. The Defendants admit the Department issued a Notice of Proposed System Changes, JEL 98 -11, on March 20, 1998. The Defendants admit the proposed changes included salary reductions for employees in the PSR/S class series ranging form 5 to 12 %. The Defendants admit all of the individually named Plaintiffs, except one, appealed Notice JEL 98 -11 to the Director. The Defendants are without sufficient information or belief to admit or deny whether listed Plaintiff Ray Alvarado is the same person as Baltazar Alvarado who filed an appeal, and therefore, deny the same. The Defendants admit the Plaintiffs requested an opportunity to appear before the Director to make an oral statement in support of their appeals. The Defendants deny the remaining allegations of paragraph 4 and affirmatively state that all individuals appealing to the Director were given an opportunity to