Kardoley v. Colorado State Personnel Board

Opinion by JUDGE METZGER Plaintiff, Joe W. Kardoley, appeals a district court judgment affirming the State Personnel Board's (Board) order which denied him a hearing following his termination from employment. We conclude that this appeal was filed untimely and, therefore, dismiss the appeal. Plaintiff sought judicial review of the Board's decision in the Denver District Court pursuant to § 24-4-106, C.R.S. (1982 Repl. Vol. 10). Defendants, the Board and the Colorado Department of Labor and Employment, Division of Employment and Training, filed a motion to dismiss for lack of jurisdiction, asserting that an amendment to the statute, effective July 1, 1984, divested the district court of appellate jurisdiction in these matters and placed appellate jurisdiction solely in the Court of Appeals. The district court denied the defendants' motion to dismiss, but affirmed the Board's decision on other grounds.