Seeley v. Board of County Commissioners ( 1990 )

Justice MULLARKEY

specially concurring:

The majority holds that under section 30-10-506, 12A C.R.S. (1986), Sheriff Brown did not possess the statutory authority to adopt a personnel manual limiting his power to discharge Deputy Seeley “at his pleasure.” Thus, because Sheriff Brown could not limit his authority to discharge a deputy, the majority holds that Deputy Seeley cannot state a claim for relief for breach of contract or one based on a theory of promissory estoppel. Because I agree with the majority’s holding at p. 12 that the record clearly establishes that Seeley’s discharge was in accordance with the personnel manual promulgated by the Sheriff in this case, I would uphold the district court’s order granting summary judgment in favor of the county on that basis and not decide whether Sheriff Brown was bound by the terms of the personnel manual he adopted.

I am authorized to state that Justice LOHR joins in this special concurrence.