CO Code § 30-2-102 (2021)
2021 Colorado Code|Title 30 - Government - County|Article 2 - Compensation of County Officers|§ 30-2-102. Categorization of Counties for Fixing Salaries of County Officers - Salary Amounts - Legislative Declaration

  For the purpose of establishing the salaries of county officers whose terms of office begin prior to January 1, 2016:   Category I counties shall consist of the counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld;    Category II counties shall consist of the counties of Eagle, Fremont, Garfield, La Plata, Mesa, Pitkin, Routt, and Summit;    Category III counties shall consist of the counties of Alamosa, Archuleta, Chaffee, Clear Creek, Delta, Gilpin, Grand, Gunnison, Las Animas, Logan, Moffat, Montezuma, Montrose, Morgan, Otero, Park, Rio Blanco, San Miguel, and Teller;    Category IV counties shall consist of the counties of Custer, Elbert, Huerfano, Kit Carson, Lake, Ouray, Prowers, Rio Grande, Washington, and Yuma;    Category V counties shall consist of the counties of Baca, Bent, Cheyenne, Conejos, Costilla, Crowley, Dolores, Hinsdale, Lincoln, Mineral, Phillips, Saguache, and San Juan;    Category VI counties shall consist of the counties of Jackson, Kiowa, and Sedgwick. (1.5)   For the purpose of establishing the salaries of county officers whose terms of office begin on or after January 1, 2016:   (A) Category I-A counties consist of the counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld;    (A) Category II-A counties consist of the counties of Eagle, Garfield, La Plata, Routt, and Summit;    (A) Category III-A counties consist of the counties of Chaffee, Clear Creek, Gunnison, Moffat, Montrose, Morgan, Park, Rio Blanco, San Miguel, and Teller;    (A) Category IV-A counties consist of the counties of Custer, Elbert, Ouray, and Prowers;    (A) Category V-A counties consist of the counties of Baca, Conejos, Costilla, Lincoln, Mineral, Phillips, and San Juan;    (A) Category VI-C counties consist of the counties of Jackson and Sedgwick;       On and after January 1, 2016, the general assembly may amend the provisions of paragraph (a) of this subsection (1.5) by bill to move a county to any of the categories for which salaries are specified in subsection (2.3) of this section to another category. Such amendment shall be made only after giving due consideration to the variations among the counties including population, the number of persons residing in unincorporated areas, assessed valuation, motor vehicle registrations, building permits, military installations, and such other factors as may be relevant to reflect the variations in the workloads and responsibilities of county officers and the tax resources of the several counties.          The annual salaries of county officers whose term of office begins prior to January 1, 2002, shall be as follows: (2.1) On and after January 1, 2002, but prior to January 1, 2007, the annual salaries of county officers whose term of office begins on or after January 1, 2002, but prior to January 1, 2007, shall be as follows: (2.2) On and after January 1, 2007, but prior to January 1, 2016, the annual salary of a county officer whose term of office begins on or after January 1, 2007, but prior to January 1, 2016, is as follows: (2.3)   Except as provided in paragraph (b) of this subsection (2.3), on and after January 1, 2016, the annual salary of a county officer whose term of office begins on or after such date is as follows:    Prior to January 1, 2018, and prior to January 1 each two years thereafter, the director of research of the legislative council appointed pursuant to section 2-3-304 (1) shall adjust the amount of each annual salary in each category specified in subsection (2.3)(a) of this section in accordance with the percentage change over the period in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. The director of research shall post the adjusted annual salary amounts on the website of the general assembly. The annual salary of a county officer whose term of office begins on or after the date the salaries have been adjusted pursuant to this subsection (2.3)(b) must be as adjusted by the director of research.  (2.5) Repealed.  (2.7) (Deleted by amendment, L. 97, p. 308 , § 1, effective August 6, 1997.) (2.8) The general assembly hereby finds and declares that:   The rate of compensation of elected county officers shall be provided in accordance with the provisions set forth in section 15 of article XIV of the state constitution;    The salaries of county commissioners, sheriffs, treasurers, assessors, clerk and recorders, coroners, and surveyors have been fixed by law through the enactment of this section.    (Deleted by amendment,L. 98, p. 409, § 1, effective April 21, 1998.)            to (d) Repealed.       The board of county commissioners may adjust the salaries established in this section pro rata for county officers working part-time.    The salaries established pursuant to this section shall remain in effect until such time that section 15 of article XIV of the constitution of the state of Colorado is amended to authorize or direct the board of county commissioners in each county to fix the compensation of county officers.    If any provision of this section is found to be unconstitutional by a court of competent jurisdiction, the remaining provisions of this section are valid, unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed.     (e) Except as provided in subsection (3)(f) of this section, no elected county officer shall have his or her compensation increased or decreased during the term of office to which he or she has been elected or appointed. All actual and necessary expenses of an elected officer incurred while engaged in business on behalf of the county may be allowed by the board of county commissioners and paid out of the county treasury.   (f) An elected county officer in a county classified for salary purposes under subsection (1.5)(a)(III), (1.5)(a)(IV), (1.5)(a)(V), or (1.5)(a)(VI) of this section may elect in his or her sole discretion to receive an amount of salary that is lower than the amount provided for in this section. The amount of the lower salary received by an officer shall be fifty percent of the amount of the salary otherwise provided for the officer as set forth in this section. Any such election shall be set forth in writing and recorded with the office of the county clerk and recorder during the month of November. Any additional money available to a county as a result of an elected county officer making an election pursuant to this subsection (3)(f) shall remain available for expenditure in the county general fund. An elected county officer who elects to receive a lower salary pursuant to this subsection (3)(f) may subsequently elect to receive a higher salary so long as the amount of the higher salary does not exceed the amount provided for in this section. In no event shall an elected county officer make more than one election per year pursuant to this subsection (3)(f).   History. Source: L. 52: P. 111, § 3. CSA: C. 66, § 58(7f). L. 53: P. 297, § 3. CRS 53: § 56-2-4. L. 57: P. 372, § 1. L. 58: P. 233, § 1. L. 61: P. 379, §§ 1, 2. L. 62: P. 163, § 3. L. 70: R&RE, p. 192, § 1. C.R.S. 1963: § 30-2-102 . L. 73: P. 624, § 1. L. 77: Entire section amended, p. 1432, § 1, effective July 1. L. 81: Entire section R&RE, p. 1423, § 1, effective June 6. L. 86: (1)(a) to (1)(c), (1)(e), and (1)(f) amended, (2.5) added, and (3)(a) to (3)(d) repealed, pp. 1032, 1033, §§ 1, 2, effective May 5. L. 87: (2.5)(b) repealed, p. 1582, § 40, effective July 10. L. 88: (3)(e) amended, p. 917, § 3, effective April 14. L. 89: (2) R&RE, (2.3) added, and (2.5)(a) amended, p. 1272, §§ 1, 2, effective May 17. L. 90: (1) and (2) R&RE and (2.3) and (2.5)(a) repealed, pp. 1442, 1443, §§ 1, 2, effective April 17. L. 91: (1)(a) and (1)(b) amended, p. 714, § 1, effective March 28. L. 92: (2.7) added, p. 965, § 3, effective June 1. L. 97: (1), (2), and (2.7) amended and (2.8) added, p. 308, § 1, effective August 6. L. 98: (1) and (2.8)(c) amended, p. 409, § 1, effective April 21. L. 2000: (2) amended and (2.1) added, p. 295, § 1, effective July 1. L. 2001: (1)(d), (1)(e), (2), and (2.1) amended, p. 449, § 1, effective August 8. L. 2002: (1)(d) and (1)(e) amended, p. 7, § 1, effective August 7; (2.1) amended, p. 365, § 1, effective August 7. L. 2003: (1)(c) and (1)(d) amended, p. 808, § 1, effective March 28. L. 2005: (1)(c) and (1)(d) amended, p. 374, § 1, effective August 8. L. 2006: (1)(e), IP(2.1), and (2.8)(b) amended and (1)(f) and (2.2) added, p. 448, §§ 1, 2, effective August 7. L. 2009: (1)(c) and (1)(d) amended,(HB 09-1203), ch. 102, p. 377, § 2, effective August 5. L. 2014: (1)(e) and (1)(f) amended,(HB 14-1223), ch. 87, p. 332, § 1, effective August 6; (1)(e) and (1)(f) amended,(HB 14-1307), ch. 163, p. 573, § 1, effective August 6. L. 2015: (1)(b) and (1)(c) amended,(HB 15-1256), ch. 91, p. 261, § 1, effective August 5; IP(1) and (2.2) amended, (1.5) added, and (2.3) RC&RE,(SB 15-288), ch. 270, p. 1060, § 3, effective January 1, 2016. L. 2016: (1.5)(a) amended,(HB 16-1367), ch. 301, p. 1217, § 1, effective June 10. L. 2017: (1.5)(a)(IV)(A) and (1.5)(a)(IV)(B) amended,(HB 17-1128), ch. 28, p. 83, § 1, effective March 8. L. 2018: (2.3)(b) amended,(HB 18-1375), ch. 274, p. 1715, § 67, effective May 29; (1.5)(a)(III)(B), (1.5)(a)(III)(D), (1.5)(a)(IV)(C), (1.5)(a)(V)(B), (1.5)(a)(V)(D), and (1.5)(a)(VI) amended and (1.5)(a)(IV)(D) repealed,(HB 18-1242), ch. 141, p. 917, § 1, effective August 8. L. 2020: (1.5)(a)(III)(A), (1.5)(a)(III)(B), (1.5)(a)(IV)(B), and (1.5)(a)(IV)(C) amended,(HB 20-1281), ch. 136, p. 590, § 1, effective September 14; (3)(e) amended and (3)(f) added,(HB 20-1029), ch. 242, p. 1165, § 1, effective September 14.    Editor's note:   Amendments to this subsections (1)(e) and (1)(f) by HB 14-1223 and HB 14-1307 were harmonized.   ANNOTATION   This section calls for payment of salaries in fixed dollar amounts and cost of living increases should not be implied. Hayden v. State, 43 Colo. App. 148, 599 P.2d 979 (1979).   Compensation for county sheriffs is expressly provided for in this section. Van Cleave v. Bd. of County Comm'rs, 33 Colo. App. 227, 518 P.2d 1371 (1973).   But this section does not authorize a county to compensate the sheriff through provision of living quarters or a housing allowance. Van Cleave v. Bd. of County Comm'rs, 33 Colo. App. 227, 518 P.2d 1371 (1973).   Thus elimination of housing allowance not violation of constitution. Because housing allowance paid to sheriff-jailer was unauthorized and illegal, its elimination did not violate constitutional prohibitions against salary or compensation reduction during the term of office of a public official. Van Cleave v. Bd. of County Comm'rs, 33 Colo. App. 227, 518 P.2d 1371 (1973).