§ 30-2-102. Categorization of counties for fixing salaries of county officers - salary amounts - legislative declaration

CO Rev Stat § 30-2-102 (2018) (N/A)
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(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, El Paso, Jefferson, Larimer, Pueblo, and Weld;

(B) Category I-D counties consist of the county of Mesa.

(II) (A) Category II-A counties consist of the counties of Eagle, Garfield, La Plata, Routt, and Summit;

(B) Category II-C counties consist of the counties of Fremont and Pitkin.

(III) (A) Category III-A counties consist of the counties of Alamosa, Chaffee, Clear Creek, Gunnison, Moffat, Montrose, Morgan, Park, Rio Blanco, San Miguel, and Teller;

(B) Category III-B counties consist of the counties of Archuleta, Delta, Gilpin, Grand, and Logan;

(C) Category III-C counties consist of the county of Otero;

(D) Category III-D counties consist of the counties of Las Animas and Montezuma.

(IV) (A) Category IV-A counties consist of the counties of Custer, Elbert, Ouray, and Prowers;

(B) Category IV-B counties consist of the counties of Kit Carson, Lake, Washington, and Yuma;

(C) Category IV-C counties consist of the counties of Huerfano and Rio Grande;

(D) Repealed.

(V) (A) Category V-A counties consist of the counties of Baca, Conejos, Costilla, Lincoln, Mineral, Phillips, and San Juan;

(B) Category V-B counties consist of the counties of Crowley, Hinsdale, and Saguache;

(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:

(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) (a) 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:

(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), C.R.S., shall adjust the amount of each annual salary in each category specified in paragraph (a) of this subsection (2.3) 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-Boulder-Greeley, all items, all urban consumers, or its 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 paragraph (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:

(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) No elected officer shall have his compensation increased or decreased during the term of office to which he 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.

(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.