dissenting.
Because I disagree with the interpretation of the record and the conclusion reached in part II of the majority opinion, I respectfully dissent.
The Chancellor’s decision to terminate Hughes’ position was based solely on the committee’s recommendation. Prior to receiving that recommendation, the Chancellor informed the committee in writing and acknowledged in her testimony that the “vision statement” was to be considered in the committee’s deliberations relative to all budget issues. This statement specifically includes as the first “core value” of the University that “we will develop and retain outstanding faculty, staff, and students ....” (emphasis supplied)
While the Chancellor also indicated that she wanted the committee recommendations *897to be based on function and not on personalities, this advisement is not the equivalent of telling the committee to disregard the job performance and contributions of the staff as required by the vision statement. Here, it is undisputed that complainants performed very capably in their former positions and made significant contributions as well.
As a result, the ALJ found, based upon substantial evidence in the record, that the committee failed either to obtain the necessary information or to consider the criterion contained in the vision statement. Because there is substantial evidence in the record to support this finding, that determination is binding upon this court. See Aspen Highlands Skiing Corp. v. Apostolou, 866 P.2d 1384 (Colo.1994).
The ALJ also found with substantial record support that the cost savings allegedly projected by the committee were speculative at best because the committee did not consider the effect that the exercise of retention rights would have on the budgeting process. Similarly, the record reflects that the exercise of retention rights may, as it did here, move personnel into positions for which they are not trained and qualified thereby resulting in inefficient and less effective job performance.
Under these circumstances, I am unable to concur with the majority’s conclusion that substantial evidence in the record supports the University’s actions as generally consistent with its announced mission, its core values, and its program priorities. Instead, I agree with the State Personnel Board and the ALJ that the decision to eliminate Hughes’ position was arbitrary and capricious because the committee failed to obtain all of the information that it needed or was directed by the Chancellor to obtain in reaching its recommendation.
As a result, the committee, and thus the Chancellor, failed to consider the information that should have been considered. See Van De Vegt v. Board of Commissioners, 98 Colo. 161, 55 P.2d 703 (1936); see also Mobell v. Meyer, 172 Colo. 12, 469 P.2d 414 (1970).
Accordingly, I would affirm the Board’s order.