Second Regular Session Sixty-second General Assembly LLS NO. 00-00.01 Christy Chase HOUSE BILL 00- BY REPRESENTATIVE Johnson STATE OF COLORADO A BILL FOR AN ACT 1 CONCERNING CERTAIN RESPONSIBILITIES OF LOCAL ELECTED OFFICIALS THAT RELATE TO COUNTY EMPLOYMENT. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Authorizes any board of county commissioners to adopt a personnel policy applicable to county departments for which an employee classification and compensation plan has been adopted in accordance with law. Prohibits any personnel policy adopted by a board from limiting the discretion of other county elected officials to employ or terminate chief deputies or any district attorney to employ or terminate employees of the district attorney. Adds county sheriffs to those county officers who are authorized to appoint any necessary deputies, assistants, and employees at compensation levels that are approved by the board of county commissioners. Requires classification and compensation plans adopted by boards of county commissioners to include worksheet formulas consistent with maximum work hours established in the federal "Fair Labor Standards Act of 1". Specifies that county clerks shall appoint a chief deputy. Clarifies that county clerks and sheriffs, and sureties of such clerks and sheriffs, are liable for the default or misconduct of chief deputies and undersheriffs, respectively, and of any deputy who is not covered by a county personnel policy adopted in accordance with law. Requires that appointments and revocations of appointments of deputy treasurers, deputy assessors, and deputy surveyors be made in accordance with any personnel policy adopted by a board of county commissioners, be in writing, under the hand of the county treasurer, the county assessor, and the county surveyor, respectively, and be filed with Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute.
the county clerk and recorder. Makes conforming amendments. 1 1 1 1 1 1 1 1 0 Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 0-- (1), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PARAGRAPH 0--. Powers of the board. (1) The board of county commissioners of each county has power at any meeting: (e.) TO ADOPT A PERSONNEL POLICY APPLICABLE TO ANY COUNTY DEPARTMENTS FOR WHICH A COUNTY EMPLOYEE CLASSIFICATION AND COMPENSATION PLAN HAS BEEN ADOPTED PURSUANT TO SECTION 0-- (1) (a). NOTHING IN THIS PARAGRAPH (e.) SHALL BE CONSTRUED TO AUTHORIZE THE BOARD OF COUNTY COMMISSIONERS TO LIMIT THE DISCRETION OF OTHER COUNTY ELECTED OFFICIALS WITH RESPECT TO THE EMPLOYMENT OR TERMINATION OF CHIEF DEPUTIES OR A DISTRICT ATTORNEY WITH RESPECT TO THE EMPLOYMENT OR TERMINATION OF EMPLOYEES OF THE DISTRICT ATTORNEY. SECTION. 0-- (1) (a), Colorado Revised Statutes, is amended 0--. Compensation of deputies and assistants. (1) (a) The county clerk and recorders, county treasurers, county assessors, and county coroners, AND COUNTY SHERIFFS of the respective counties may appoint such deputies, assistants, and employees as shall be necessary at such compensation, payable monthly, as shall be fixed by said officers with the approval of the boards of county commissioners of their respective counties. Except for those employees provided for pursuant to article 1 of title, C.R.S., boards of county commissioners are hereby --
1 1 1 1 1 1 1 0 empowered to adopt a classification and compensation plan for all county employees paid in whole or in part by the county. Such classification and compensation plan shall include workweek formulas of not less than forty hours THAT ARE CONSISTENT WITH THE MAXIMUM WORK HOURS ESTABLISHED IN THE FEDERAL "FAIR LABOR STANDARDS ACT OF 1", AS AMENDED, U.S.C. SEC. 01, ET SEQ., AND designed to satisfy the varying requirements of each county service and county department as provided in paragraph (b) of this subsection (1). Upon the acceptance by any elected official ADOPTION, said plan shall become BE binding upon the employees of that EACH COUNTY office. Changes in benefits, pay grades, and job classifications of employees shall thereafter be made in accordance with such plan. ANY BOARD OF COUNTY COMMISSIONERS THAT ADOPTS A CLASSIFICATION AND COMPENSATION PLAN FOR COUNTY EMPLOYEES PURSUANT TO THIS PARAGRAPH (a) MAY ADOPT A PERSONNEL POLICY APPLICABLE TO SUCH COUNTY EMPLOYEES IN ACCORDANCE WITH SECTION 0-- (1) (e.). SECTION. 0--0, Colorado Revised Statutes, is amended 0--0. Deputy clerk - duties. Every county clerk shall appoint a CHIEF deputy, in writing, under his THE CLERK S hand, and shall file such appointment in his THE CLERK S office; and such CHIEF deputy, in case of the absence or disability of the county clerk, or in case of a vacancy in his THE CLERK S office, shall perform all the duties of the county clerk during such absence or until such vacancy is filled. Every county clerk may appoint other deputies and his REVOKE SUCH APPOINTMENTS SUBJECT TO THE PROVISIONS OF ANY COUNTY PERSONNEL --
1 1 1 1 1 1 1 0 POLICY ADOPTED PURSUANT TO SECTION 0-- (1) (e.). THE CLERK AND THE sureties OF SUCH CLERK shall be responsible under his THE CLERK S official bond for the acts of all such THE CHIEF DEPUTY AND ANY DEPUTIES WHO ARE NOT COVERED BY A COUNTY PERSONNEL POLICY ADOPTED PURSUANT TO SECTION 0-- (1) (e.). SECTION. 0--0, Colorado Revised Statutes, is amended 0--0. Deputies - liability of sheriff. Each sheriff may appoint as many deputies as he THE SHERIFF may think proper for whose official acts and those of his undersheriff he shall be responsible and, SUBJECT TO THE PROVISIONS OF ANY COUNTY PERSONNEL POLICY ADOPTED PURSUANT TO SECTION 0-- (1)(e.), may revoke such appointments at his THE SHERIFF S pleasure. Persons may also be deputized by such sheriff or undersheriff in writing to do particular acts. The sheriff and his THE sureties OF SUCH SHERIFF shall be responsible on his THE SHERIFF S official bond for the default or misconduct of his THE undersheriff and ANY deputies WHO ARE NOT COVERED BY A COUNTY PERSONNEL POLICY ADOPTED PURSUANT TO SECTION 0-- (1) (e.). SECTION. 0--, Colorado Revised Statutes, is amended 0--. Appointment and revocation. Every appointment of an undersheriff or of a deputy sheriff, and every revocation of such appointment, shall be in writing, under the hand of the sheriff, and shall be filed in the office of the county clerk and recorder, AND SHALL BE MADE CONSISTENT WITH THE PROVISIONS OF ANY COUNTY PERSONNEL POLICY ADOPTED PURSUANT TO SECTION 0-- (1) (e.); but this --
1 1 1 1 1 1 1 0 section shall not extend to any person who may be deputized by any sheriff or undersheriff to do a particular act only. SECTION. 0--0, Colorado Revised Statutes, is amended 0--0. Deputy coroner - duties - oath - bond. The coroner of each county is authorized to appoint a deputy. Any such appointment shall be in writing and shall be filed in the office of the coroner. The coroner of each county may delegate any of his THE CORONER S powers to one or more deputies who shall then have the same duties with respect thereto as the coroner has. Any act of a deputy shall be done in the name of the coroner and signed by the deputy performing such act. A deputy coroner shall hold office during and subject to THE PROVISIONS OF ANY COUNTY PERSONNEL POLICY ADOPTED PURSUANT TO SECTION 0-- (1) (e.) AT the pleasure of the coroner. Each deputy coroner, before he OR SHE enters the duties of his THE office, shall file with the county clerk and recorder of his OR HER county the bond and oath of office required by law to be filed by the coroner. SECTION. 0--0, Colorado Revised Statutes, is amended 0--0. Deputy coroner - appointment. Every appointment of a deputy coroner and every revocation thereof SHALL BE MADE CONSISTENT WITH THE PROVISIONS OF ANY COUNTY PERSONNEL POLICY ADOPTED PURSUANT TO SECTION 0-- (1) (e.), shall be in writing, under the hand of the coroner, and shall be filed in the office of the county clerk and recorder of the county wherein such appointment or revocation is made. --
1 1 1 1 1 1 1 0 SECTION. 0--0, Colorado Revised Statutes, is amended 0--0. Deputy treasurer - duties. The county treasurer may appoint a deputy, who in the absence of the treasurer from his THE office, or in case of vacancy in said office, for any disability of the treasurer to perform the duties of his THE office, may perform all the duties of the office of treasurer, until such vacancy is filled or such disability removed. EVERY APPOINTMENT OF A DEPUTY TREASURER AND EVERY REVOCATION OF SUCH APPOINTMENT SHALL BE MADE CONSISTENT WITH THE PROVISIONS OF ANY COUNTY PERSONNEL POLICY ADOPTED PURSUANT TO SECTION 0-- (1) (e.), SHALL BE IN WRITING, UNDER THE HAND OF THE TREASURER, AND SHALL BE FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER. SECTION. 0--0, Colorado Revised Statutes, is amended 0--0. Assessment district - deputy in each - oath - bond. When the board of county commissioners of any county is of the opinion that the assessor is unable to perform the duties of his THE office within the time prescribed by law, it shall divide such county into assessment districts, and shall require the assessor to appoint a deputy in each district, who shall be a qualified elector of the district and who shall be sworn and give bond to the principal. EVERY APPOINTMENT OF A DEPUTY ASSESSOR AND EVERY REVOCATION OF SUCH APPOINTMENT SHALL BE MADE CONSISTENT WITH THE PROVISIONS OF ANY COUNTY PERSONNEL POLICY ADOPTED PURSUANT TO SECTION 0-- (1) (e.), SHALL BE IN WRITING, UNDER THE HAND OF THE ASSESSOR, AND SHALL BE FILED IN THE --
1 1 1 1 1 1 1 0 OFFICE OF THE COUNTY CLERK AND RECORDER. SECTION. 0--0, Colorado Revised Statutes, is amended 0--0. Deputies - certificates admitted as evidence. The county surveyor may appoint as many deputies as he THE SURVEYOR thinks proper, for whose official acts he THE SURVEYOR shall be responsible. EVERY APPOINTMENT OF A DEPUTY SURVEYOR AND EVERY REVOCATION OF SUCH APPOINTMENT SHALL BE MADE CONSISTENT WITH THE PROVISIONS OF ANY COUNTY PERSONNEL POLICY ADOPTED PURSUANT TO SECTION 0-- (1) (e.), SHALL BE IN WRITING, UNDER THE HAND OF THE COUNTY SURVEYOR, AND SHALL BE FILED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER. The certificate of the county surveyor or any of his deputies DEPUTY SURVEYOR shall be admitted as legal evidence in any court of the state, but the certificate may be explained or rebutted by other evidence. SECTION. Effective date. This act shall take effect at :01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 () of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor. --