Hartley v. Department of Corrections, Division of Correctional Services

*914Opinion by

Judge TURSI *.

Complainant, Steven Hartley, appeals the decision of the State Personnel Board (Board) which reversed an order of the Administrative Law Judge (ALJ) awarding attorney fees and costs pursuant to § 24-50-125.5, C.R.S. (1988 Repl.Vol. 10B). We reverse and remand with directions.

Complainant was employed by respondent, the Department of Corrections (Department), as a correctional officer III. In August 1994, following a prediseiplinary meeting, complainant was demoted to the position of correctional officer II. The basis for the disciplinary action was the appointing…