2023 Colorado Revised Statutes › Title 30 - GOVERNMENT - COUNTY (§§ 30-1-101 — 30-35-906) › COMPENSATION - FEES (§§ 30-1-101 — 30-3-101) › Article 2 - COMPENSATION OF COUNTY OFFICERS (§§ 30-2-101 — 30-2-108) › Section 30-2-102 - [Effective until 8/7/2024] Categorization of counties for fixing salaries of county officers - salary amounts - legislative declaration

(1)
For the purpose of establishing the salaries of county officers whose terms of office begin prior to January 1, 2016:
(a)
Category I counties shall consist of the counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld;
(b)
Category II counties shall consist of the counties of Eagle, Fremont, Garfield, La Plata, Mesa, Pitkin, Routt, and Summit;
(c)
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;
(d)
Category IV counties shall consist of the counties of Custer, Elbert, Huerfano, Kit Carson, Lake, Ouray, Prowers, Rio Grande, Washington, and Yuma;
(e)
Category V counties shall consist of the counties of Baca, Bent, Cheyenne, Conejos, Costilla, Crowley, Dolores, Hinsdale, Lincoln, Mineral, Phillips, Saguache, and San Juan;
(f)
Category VI counties shall consist of the counties of Jackson, Kiowa, and Sedgwick.
(1.5)
(a)
For the purpose of establishing the salaries of county officers whose terms of office begin on or after January 1, 2016:
(I)
(A)
Category I-A counties consist of the counties of Adams, Arapahoe, Boulder, Douglas, Eagle, El Paso, Jefferson, Larimer, Pueblo, Routt, Summit, and Weld;
(B)
Category I-D counties consist of the county of Mesa.
(II)
(A)
Category II-A counties consist of the counties of Garfield, Grand, and La Plata;
(B)
Category II-B counties consist of the county of Pitkin;
(C)
Category II-C counties consist of the county of Fremont.
(III)
(A)
Category III-A counties consist of the counties of Archuleta, Chaffee, Clear Creek, Delta, Gunnison, Moffat, Montezuma, Montrose, Morgan, Ouray, Park, Rio Blanco, San Miguel, and Teller;
(B)
Category III-B counties consist of the counties of Alamosa, Gilpin, and Logan;
(C)
Category III-C counties consist of the counties of Las Animas and Otero;
(D)
(Deleted by amendment, L. 2023.)
(IV)
(A)
Category IV-A counties consist of the counties of Custer, Elbert, and Prowers;
(B)
Category IV-B counties consist of the counties of Kit Carson, Lake, and Washington;
(C)
Category IV-C counties consist of the counties of Huerfano, Rio Grande, and Yuma;
(D)
Repealed.
(V)
(A)
Category V-A counties consist of the counties of Baca, Conejos, Costilla, Lincoln, Mineral, Phillips, Saguache, and San Juan;
(B)
Category V-B counties consist of the counties of Crowley and Hinsdale;
(C)
Category V-C counties consist of the counties of Bent and Dolores;
(D)
Category V-D counties consist of the county of Cheyenne.
(VI)
(A)
Category VI-C counties consist of the counties of Jackson and Sedgwick;
(B)
Category VI-D counties consist of the county of Kiowa.
(b)
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.
(2)
The annual salaries of county officers whose term of office begins prior to January 1, 2002, shall be as follows:
County Commissioners
County Sheriffs
County Treasurers, Assessors, and Clerks
(a) Category I
63,203
71,293
63,203
(b) Category II
51,827
57,768
51,827
(c) Category III
41,714
53,091
41,714
(d) Category IV
35,394
47,782
35,394
(e) Category V
32,613
36,405
32,613
(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:
County Commissioners
County Sheriffs
County Treasurers, Assessors, and Clerks
County Coroners
(a) Category I
63,203
95,000
75,500
75,500
(b) Category II
51,827
75,000
62,000
32,000
(c) Category III
41,714
65,000
50,000
25,000
(d) Category IV
35,394
57,000
42,500
17,000
(e) Category V
32,613
42,000
37,500
6,500
(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:
County Commissioners
County Sheriffs
County Treasurers, Assessors, and Clerks
County Coroners
County Surveyors
(a) Category I
87,300
111,100
87,300
87,300
5,500
(b) Category II
72,500
87,700
72,500
44,200
4,400
(c) Category III
58,500
76,000
58,500
33,100
3,300
(d) Category IV
49,700
66,600
49,700
22,100
2,200
(e) Category V
43,800
49,100
43,800
9,900
1,100
(f) Category VI
39,700
46,500
39,700
9,000
1,000
(2.3)
(a)
Except as provided in subsections (2.3)(b) to (2.3)(f) of this section, 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:
County Commissioners
County Sheriffs
County Treasurers, Assessors, and Clerks
County Coroners
County Surveyors
Category I-A
113,490
144,430
113,490
113,490
7,150
Category I-B
104,760
133,320
104,760
104,760
6,600
Category I-C
96,030
122,210
96,030
96,030
6,050
Category I-D
87,300
111,100
87,300
87,300
5,500
Category II-A
94,250
114,010
94,250
57,460
5,720
Category II-B
87,000
105,240
87,000
53,040
5,280
Category II-C
79,750
96,470
79,750
48,620
4,840
Category II-D
72,500
87,700
72,500
44,200
4,400
Category III-A
76,050
98,800
76,050
43,030
4,290
Category III-B
70,200
91,200
70,200
39,720
3,960
Category III-C
64,350
83,600
64,350
36,410
3,630
Category III-D
58,500
76,000
58,500
33,100
3,300
Category IV-A
64,610
86,580
64,610
28,730
2,860
Category IV-B
59,640
79,920
59,640
26,520
2,640
Category IV-C
54,670
73,260
54,670
24,310
2,420
Category IV-D
49,700
66,600
49,700
22,100
2,200
Category V-A
56,940
63,830
56,940
12,870
1,430
Category V-B
52,560
58,920
52,560
11,880
1,320
Category V-C
48,180
54,010
48,180
10,890
1,210
Category V-D
43,800
49,100
43,800
9,900
1,100
Category VI-A
51,610
60,450
51,610
11,700
1,300
Category VI-B
47,640
55,800
47,640
10,800
1,200
Category VI-C
43,670
51,150
43,670
9,900
1,100
Category VI-D
39,700
46,500
39,700
9,000
1,000
(b)
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.
(c)
The annual salaries of full-time coroners for category II, III, and IV counties, as displayed in bold text and within parentheses in the table in subsection (2.3)(a) of this section, apply only to coroners whose terms begin on or after January 1, 2023, and must be adjusted prior to January 1, 2024, and prior to January 1 each two years thereafter in accordance with subsection (2.3)(b) of this section.
(d)
The salary of a full-time category II coroner is equal to the salary of a category II county commissioner, category II county treasurer, category II county assessor, and category II county clerk as indicated by the table in subsection (2.3)(a) of this section. The board of county commissioners may decline the full-time status of a category II coroner for cause, but only after the coroner is given notice and an opportunity to be heard by the board of county commissioners in a public hearing.
(e)
A coroner in a category III county may, in consultation with and with approval by the board of county commissioners, determine if a full-time position is appropriate. If a full-time position is agreed upon, the salary of a full-time category III coroner is equal to the salary of a category III county commissioner, category III county treasurer, category III county assessor, and category III county clerk as indicated by the table in subsection (2.3)(a) of this section.
(f)
A coroner in a category IV county may, in consultation with and with approval by the board of county commissioners, determine if a full-time position is appropriate. If a full-time position is agreed upon, the salary of a full-time category IV coroner shall be equal to the salary of a category IV county commissioner, category IV county treasurer, category IV county assessor, and category IV county clerk as indicated by the table in subsection (2.3)(a) of this section.
(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:
(a)
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;
(b)
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.
(c)
(Deleted by amendment, L. 98, p. 409, § 1, effective April 21, 1998.)
(3)
(a) to (d)
Repealed.
(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).
(4)
The board of county commissioners may adjust the salaries established in this section pro rata for county officers working part-time.
(5)
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.
(6)
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.
Amended by 2023 Ch. 38, § 1, eff. 8/7/2023.
Amended by 2022 Ch. 45, § 1, eff. 8/10/2022.
Amended by 2020 Ch. 242, § 1, eff. 9/14/2020.
Amended by 2020 Ch. 136, § 1, eff. 9/14/2020.
Amended by 2018 Ch. 274, § 67, eff. 5/29/2018.
Amended by 2018 Ch. 141, § 1, eff. 8/8/2018.
Amended by 2017 Ch. 28, § 1, eff. 3/8/2017.
Amended by 2016 Ch. 301, § 1, eff. 6/10/2016.
Amended by 2015 Ch. 270, § 3, eff. 1/1/2016.
Amended by 2015 Ch. 91, § 1, eff. 8/5/2015.
Amended by 2014 Ch. 163, § 1, eff. 8/6/2014.
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. 377, p. 377, § 2, effective August 5. L. 2014: (1)(e) and (1)(f) amended, (HB 14 -1223), ch. 332, p. 332, § 1, effective August 6; (1)(e) and (1)(f) amended, (HB 14-1307), ch. 573, p. 573, § 1, effective August 6. L. 2015: (1)(b) and (1)(c) amended, (HB 15 -1256), ch. 261, p. 261, § 1, effective August 5; IP(1) and (2.2) amended, (1.5) added, and (2.3) RC&RE, (SB 15-288), ch. 1060, p. 1060, § 3, effective 1/1/2016. L. 2016: (1.5)(a) amended, (HB 16-1367), ch. 1217, 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. 1715, 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. 917, 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. 590, p. 590, § 1, effective September 14; (3)(e) amended and (3)(f) added, (HB 20-1029), ch. 1165, p. 1165, § 1, effective September 14.
Amendments to this subsections (1)(e) and (1)(f) by HB 14-1223 and HB 14-1307 were harmonized.
2023 Ch. 38, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
2022 Ch. 45, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.