Department of Institutions, Division for Developmental Disabilities, Wheat Ridge Regional Center v. Kinchen

I agree with the majority that the question we must decide is who must bear the burden of proof when an employee appeals an order terminating his or her employment to the Colorado State Personnel Board. Because I believe the constitution and statutes require the employee to bear that burden, I dissent.

I

The Colorado Constitution established the state personnel system in Article XII, section 13. Specifically, the constitution states:

A person certified to any class or position in the personnel system may be dismissed, suspended, or otherwise disciplined by the appointing authority upon written…