2019 COA 8
Colo. Ct. App.2019Background
- Robert Roybal, a Deputy Sheriff with the Denver Sheriff Department (DSD), was terminated after an internal investigation found multiple rule violations.
- The Department of Safety’s Civilian Review Administrator (Administrator) issued the termination; Roybal appealed to a career service hearing officer, who affirmed the termination after de novo review.
- Roybal appealed to the Career Service Authority Board (Board), arguing the termination was ultra vires because only the Manager of Safety or the Deputy Manager of Safety could discipline or terminate DSD employees under the Denver Charter.
- The Board affirmed the hearing officer; Roybal sought district-court review under C.R.C.P. 106(a)(4), which also affirmed the Board’s decision.
- Key legal question: whether Charter sections 2.6.2 and 2.6.4 limit disciplinary/termination authority to the Manager and Deputy such that the Administrator’s action was unauthorized, and whether the Board impermissibly created or retroactively applied a new Career Service Rule in upholding the termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Charter limits disciplinary/termination authority for DSD employees to the Manager or Deputy only | Roybal: Sections 2.6.2 and 2.6.4 reserve hiring/discipline/termination authority to the Manager or, if delegated, only to a Deputy, so Administrator lacked authority | City: Section 2.6.4 makes the Manager the appointing authority under Career Service requirements and Manager may delegate to a designee under C.S.R. 16-15, so Administrator could be delegated authority | Court: No. Charter and C.S.R. allow the Manager to delegate appointing/disciplinary authority to a designee within the department, not limited to the Deputy |
| Whether D.R.M.C. or state statute prohibit delegation of sheriff-like powers so Administrator’s termination was unauthorized | Roybal: D.R.M.C. and C.R.S. provisions treat the Manager as performing sheriff duties and suggest only a sheriff can fire deputies | City: Termination complied with Charter and C.S.R.; home-rule charter controls municipal personnel rules over state law where in conflict | Court: Rejected. Denver’s home-rule status and compliance with Charter/C.S.R. mean no prohibition on delegation invalidating the termination |
| Whether the Board improperly promulgated or retroactively applied a new Career Service Rule by relying on pre-disciplinary policy language | Roybal: Board effectively created/retroactively applied a new rule to excuse DSD procedural errors | City: Board simply applied existing C.S.R. policy (C.S.R. 16-72(D)) as persuasive when assessing whether pre-disciplinary procedural deviations warranted reversal | Court: No. Board did not engage in rulemaking; it permissibly relied on the policy that trivial deviations that do not substantially prejudice rights do not require reversal |
| Whether pre-disciplinary procedural errors required reversal of termination | Roybal: Two errors (only one division chief present; no written recommendation from Sheriff to Manager) invalidated process | City: Any deviations were trivial and did not substantially violate Roybal’s rights under the applicable policy/rules | Court: Affirmed Board — any irregularities were trivial and Roybal received a full and fair pre-disciplinary process |
Key Cases Cited
- Shupe v. Boulder Cty., 230 P.3d 1269 (Colo. App. 2010) (standard of review in C.R.C.P. 106(a)(4) appeals mirrors district court review of administrative decisions)
- Cook v. City & Cty. of Denver, 68 P.3d 586 (Colo. App. 2003) (rules for interpreting charter/ordinance language; read provisions together)
- Ross v. Denver Dep’t of Health & Hosps., 883 P.2d 516 (Colo. App. 1994) (deference to agency interpretation of rules it administers)
- Regents of the Univ. of Colo. v. City & Cty. of Denver, 929 P.2d 58 (Colo. App. 1996) (agency interpretation accepted if reasonable and record-supported)
- City of Englewood v. Englewood Career Serv. Bd., 793 P.2d 585 (Colo. App. 1989) (career service board authority derives from city charter)
- Fraternal Order of Police, Colo. Lodge No. 27 v. City & Cty. of Denver, 926 P.2d 582 (Colo. 1996) (home-rule charter precludes conflicting state statutes from superseding municipal governance)