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

> Indiana Court of Appeals · April 26, 2017 · 76 N.E.3d 861

URL: https://www.frixlaw.com/law-library/cases/9874679

## Case

- **Full name:** STATE of Indiana, Indiana Department of Correction, and Indiana State Employees’ Appeals Commission, Appellants-Respondents, v. Debra MILLS, Et Al., Appellees-Petitioners
- **Court:** Indiana Court of Appeals
- **Decided:** April 26, 2017
- **Citations:** 76 N.E.3d 861; 2017 Ind. App. LEXIS 176; 2017 WL 1493003
- **Precedential status:** Published
- **Opinion:** Concurrence by Crone
- **Judges:** Riley, Altice, Crone
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9874679

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9874679. Public record. Not legal advice.