George Lanes V. O''brien

Plaintiff, George Lanes, was dismissed from his position in the office of the State Auditor (Auditor) under circumstances which he claimed violated the provisions of Colorado's so-called "Whistleblower Act," § 24-50.5-101, et seq., C.R.S. (1982 Repl. Vol. 10). A hearing officer of the State Personnel Board (Board) agreed with him and ordered his reinstatement with back pay. The Board set the hearing officer's decision aside and upheld Lanes' dismissal. He sought review in the district court, which entered a judgment setting aside the Board's decision and reinstating the hearing officer's decision. The Board and the Auditor appeal that judgment and Lanes cross-appeals. We affirm in part and reverse in part.