City & County of Denver v. Industrial Claim Appeals Office

Judge TURSI

dissenting.

I respectfully dissent.

Based upon Pueblo School District 60 v. Martinez, 749 P.2d 1005 (Colo.App.1987),' the Administrative Law Judge (AU) found that claimant was not “disqualified” from receiving benefits because of the “disciplinary” suspension. I agree.

The Charter of the City and County of Denver, C5.73-4, does provide for an indefinite suspension of a member of the classi*884fied service on the filing of a felony information against him by a district attorney. However, discharge is conditioned on conviction of the charge and, if the employee is not convicted of the…