Legal Opinion
Marshall v. Civil Service Commission
Colorado Court of Appeals
Decided October 20, 2016No. Court of Appeals No. 15CA1447PublishedCited by 11 opinions
1Opinion of the Court
Opinion by
JUDGE WEBB
¶ 1 Does the Denver City Charter (the Charter) resolve who should bear the burden of proof in an employee’s appeal of adverse personnel action — the employee or the City department that imposed it? And if the Charter does not do so, then is the Civil Service Commission of the City and County of Denver (the Commission) free to impose that burden on the employee by rule, as it did in this case? These questions have not been answered in any appellate opinion.
¶ 2 First, we conclude that the Charter does not resolve who should bear the burden of proof. Second, we conclude that…
2Cases cited18 opinions
- Pike v. South Carolina Department of TransportationSupreme Court of South Carolina · 2000
- City of Colorado Springs v. GivanSupreme Court of Colorado · 1995
- American Insurance v. NaylorSupreme Court of Colorado · 1937
- In Re the Marriage of IkelerSupreme Court of Colorado · 2007
- Wamai v. Republic of SudanDistrict Court, District of Columbia · 2016
13 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Amica Life Insurance Co. v. WertzDistrict Court, D. Colorado · 2017
- Rust v. Board of County Commissioners of Summit CountyColorado Court of Appeals · 2018
- Amica Life Ins. Co. v. WertzDistrict Court, D. Colorado · 2018
- Tr. v. Bd. of Cty. Comm'rsColorado Court of Appeals · 2020
- Colo. Health Consultants v. City & Cnty. of DenverColorado Court of Appeals · 2018
6 more not listed; retrieve them via the Exa API.