Opinion

State of Indiana, Indiana Department of Correction, and Indiana State Employees' Appeals Commission v. Debra Mills

  • 76 N.E.3d 861
  • 2017 Ind. App. LEXIS 176
  • 2017 WL 1493003
Court
Indiana Court of Appeals
Filed
Apr 26, 2017
Status
Published
Author
Crone
On the bench
Riley, Altice, Crone
Cited by
3 cases
Authority
More cited than 13.4%

The opinion

Crone, Judge,

concurring in part and dissenting in part.

I respectfully disagree with the majority’s conclusion that the State did not violate the State Personnel Act by retaining four employees classified as institutional teachers who held administrative licenses but had lower retention, scores than some of the Employees. 11 Indiana Code Section, 4-15-2-32(a) specifically states that the order of lay-off for each class within a county is determined by retention points, not by licensing considerations. We may not read into a statute that which is not the expressed intent of the legislature. In re Guardianship of Stant, 50 N.E.3d 149, 152 (Ind. Ct. App. 2016), trans. denied. In all other respects, I concur. •

. The majority's suggestion that the Employees were "patently unqualified” for those positions is an insult to them and ignores their years of loyal service.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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