2023 Colorado Revised Statutes › Title 31 - GOVERNMENT - MUNICIPAL (§§ 31-1-101 — 31-35-712) › CORPORATE CLASS - ORGANIZATION AND TERRITORY (§§ 31-1-101 — 31-4-507) › Article 4 - ORGANIZATIONAL STRUCTURE AND OFFICERS (§§ 31-4-101 — 31-4-507) › Part 1 - ORGANIZATIONAL STRUCTURE AND OFFICERS OF STATUTORY CITIES (§§ 31-4-101 — 31-4-113) › Section 31-4-107 - Appointment of officers - terms

(1)
The members of the city council elected for each city at the meeting at which their terms commence, as provided in section
31-4-105
, shall organize the city council. A majority of the total number of members is necessary to constitute a quorum for the transaction of business. They shall be judges of the election returns and qualification of their own members, and they shall determine the rules of their own proceedings. The city clerk shall keep a record of the proceedings, in such form as determined by the city council, which shall be open to the inspection and examination of any citizen. The councilmen may compel the attendance of absent members in such manner and under such penalties as they think fit to prescribe and shall elect from their own body a temporary president.
(2)
(a)
Upon taking office, or at such other time as may be provided by ordinance or resolution, the city council shall appoint a city attorney and shall appoint or provide for the appointment of such other officers as may be required by statute or ordinance and may appoint such other officers, including a city administrator, as may be necessary or desirable. One or more municipal judges shall be appointed in accordance with section
13-10-105(1)
, C.R.S.
(b)
One person may hold two or more appointive offices if provided by ordinance and if compatible with the interest of the city government as determined by the council. All officers of the city are subject to the control and direction of the mayor and may be removed by a vote of a majority of all members elected to the city council if appointed to serve at the pleasure of the city council or by such a vote on charges of incompetence, unfitness, neglect of duty, or insubordination, duly made and sustained, if appointed to serve for a term prescribed by ordinance; except that a municipal judge may be removed during his term of office only for cause, as set forth in section
13-10-105(2)
, C.R.S. The council may provide by ordinance for the removal or suspension of any officer or employee, except the mayor, councilmen, clerk, treasurer, city administrator, city attorney, and municipal judge, by administrative proceeding presided over by a city officer or employee.
(3)
The city council may provide by ordinance for four-year overlapping terms of office for council members. The ordinance may also provide for four-year terms for the mayor and other elective officers. The city council may reinstate the two-year terms provided in this section by ordinance. Any ordinance passed pursuant to this subsection (3) shall be enacted at least one hundred eighty days before the next regular election and shall be subject, notwithstanding an emergency declaration, to referendum if the referendum is brought pursuant to section
31-11-105
or pursuant to an applicable municipal ordinance enacted in accordance with section 1 of article V of the state constitution. No ordinance enacted pursuant to this subsection (3) shall extend or reduce the term for which any person was elected. If any vacancy occurs in an office for which a four-year term is in effect pursuant to this subsection (3), such vacancy shall be filled as provided in sections
31-4-106
and
31-4-108(2)(b)
. If the office in which the vacancy occurs is not an office for which a successor would otherwise have been elected at the next regular election, the term of office of the successor elected at that regular election shall be shortened so that the following regular election for said office is held at the time at which it would have been held if no vacancy had occurred.
(4)
(a)
The city council may submit, by ordinance or resolution, for the approval of the registered electors at a regular or special election a proposal that the position of city clerk or city treasurer, or both such positions, be made appointive rather than elective, the appointments to be made by the city council. Such measure shall be made to take effect in such manner as to avoid shortening or extending the terms of any persons elected to such offices. If approved, appointments to either of such offices shall be in the manner provided for other appointive offices.
(b)
The city council may also, by ordinance or resolution, submit for the approval of the registered electors a proposal for returning the office of clerk or treasurer, or both, from appointive to elective status. No such proposal, if approved, shall extend or reduce the term for which any person holds office.
L. 75: Entire title R&RE, p. 1025, § 1, effective July 1. L. 77: (2)(b) amended, p. 794, § 5, effective May 28. L. 79: (3) amended, p. 1173, § 5, effective July 1. L. 81: (2)(b) amended, p. 1494, § 5, effective May 28. L. 83: (3) amended, p. 1254, § 3, effective July 1. L. 93: (3) amended, p. 698, § 5, effective May 4. L. 94: (1) and (2)(a) amended, p. 1192, § 91, effective July 1. L. 95: (3) amended, p. 440, § 26, effective May 8.
The provisions of this section are similar to provisions of several former sections as they existed prior to 1975.