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Colorado Department of Law — Annual Report 2009 - page 33 / 41





33 / 41

Colorado Department of Law — Annual Report 2009

the Subsequent Injury Fund and the Major Medical Insurance Fund which are part of the Special Funds Unit of the Division of Workers’ Compensation within the Department of Labor and Employment.

Procurement Code protests. The unit advises the Colorado Department of Transportation in construction matters and represents the Colorado Department of Transportation in construction arbitration and litigation.

In 2009, the Unit:

  • Provided daily “front-end” employment advice and consultation concerning hiring, discharging, and disciplining employees.

  • Coordinated and presented statewide and agency-specific training seminars directed to State officials and managers to effectively educate, train, and manage the workforce.

  • Provided civil rights advice to Colorado Civil Rights Division and represented Colorado Civil Rights Division at Colorado Civil Rights Commission meetings.

  • Defended 275 cases before the State Personnel Board and the Colorado Court of Appeals, including 162 new cases. Won 69 percent of all mandatory hearing cases and received hearings denied on 69 percent of all discretionary hearing cases.

  • Prosecuted 13 cases that were noticed for hearing by the Colorado Civil Rights Division at the Office of Administrative Courts.

  • Negotiated more than $200,000 in settlement payments to private citizens, plus mandatory training on the Colorado Anti- Discrimination Act for private employers.

  • Defended 10 Special Funds cases before the Office of Administrative Courts, including six new cases.

  • Drafted two formal opinions involving State personnel employment matters.


The Transportation Unit advises the Colorado Department of Transportation on a myriad of legal issues. The unit prosecutes all condemnation actions, defends inverse condemnation actions and handles administrative actions. The unit also handles issues involving access control, highway beautification, billboard location, and

The unit also provides advice regarding environmental and real estate issues and defends and negotiates settlements in these areas. Members of the unit review, revise and approve all Colorado Department of Transportation contracts and assist in rulemaking and approval of regulations. The attorneys also review proposed legislation affecting the Colorado Department of Transportation.

In 2009, the Unit:

  • Represented the Colorado Department of Transportation in 45 condemnation, access, relocation, billboard, inverse condemnation, quiet title and other cases.

  • Settled or resolved by trial 10 condemnation cases, saving the State $1.3 million.

  • Reviewed 550 contracts for the Colorado Department of Transportation, with an average turnaround time of three days.

  • Provided legal guidance related to the formation and implementation of two new enterprises created by the FASTER legislation, SB09-108. The Colorado Bridge Enterprise and High Performance Transportation Enterprise began operations in 2009 with articles of organization and bylaws governing their business purposes and legal staff guiding open meetings of their respective boards.

  • Represented the Colorado Department of Transportation in several state court cases involving subcontractor disputes with prime contractors, resolving matters without additional cost to the State.

  • Represented the Colorado Department of Transportation in construction disputes and claims by prime contractors seeking additional compensation for highway and bridge projects. Resolved two claims, saving the State more than $500,000.


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