- Deference to City Decisions to Hire, Fire and Discipline its Employees Continues in Roybal V. City and County of Denver
- February 11, 2019 | Author: Kendra K. Smith
- Law Firm: Hall & Evans, LLC - Denver Office
When the City of Denver terminates an employee, it relies on the Department of Safety’s Civilian Review Board to investigate the issue and take action. When terminating a City employee, the Board must follow procedural steps to make sure the employee is not treated unfairly. If an employee feels that she has been treated unfairly, she can appeal the Board’s decision by asking for District Court review of the Board’s actions.
The specific rule allowing review is Colorado Rule of Civil Procedure (“C.R.C.P.”) 106(a), which provides that decisions rendered by government bodies acting in a judicial or quasi-judicial role are reviewable by district courts if there “is no other plain, speedy or adequate remedy.” In essence, where a board has rendered a decision, and there is no appeal route provided, a terminated employee can appeal the decision to a Colorado court. Colorado courts are generally deferential to decisions made by government bodies and government officials. This deference is continued in Roybal v. City & County of Denver, Case No. 17CA1662 (Jan. 24, 2019).