Organizational Structure and Officers

C.R.S. tit. 31, art. 4
in effect

C.R.S. § 31-4-101 Corporate authority vested

31-4-101. Corporate authority vested. (1) The corporate and municipal authority of cities shall be vested in a governing body, to be denominated the city council, together with such officers as may be created under the authority of this title. (2) The city council shall possess all the legislative powers granted to cities by law and other corporate powers of the city not conferred by law or by some ordinance of city council on some officer or agency of the city. The members of the city council shall have the management and control of the finances and all the property, real and personal, belonging to the corporation, and they shall determine the times and places of holding their meetings, which shall at all times be open to the public. The mayor and any three members may call special meetings by notice to each of the members of the city council personally served or left at his usual place of residence. The city council shall provide by ordinance for the appointment or for the election of such city officers, whose election or appointment has not been provided for by law, as are necessary for the good government of the city and for the due exercise of its municipal powers. All city officers whose terms of office are not prescribed in this title and whose powers and duties are not otherwise defined by law shall perform such duties, exercise such powers, and continue in office for such period, until their successors are appointed and qualified, as shall be prescribed by ordinance. All officers to be elected shall be elected at the regular election. The officers of cities shall receive such compensation and fees for their services as the city council shall by ordinance prescribe.

C.R.S. § 31-4-102 Mayor - qualifications and duties

31-4-102. Mayor - qualifications and duties. (1) The mayor shall be elected at the regular election in the city. He or she shall be a registered elector who has resided within the limits of the city for a period of at least twelve consecutive months immediately preceding the date of the election; except that, in the case of annexation, any person who has resided within the annexed territory for the time prescribed in this subsection (1) shall be deemed to have met the residence requirements for the city to which the territory was annexed. The mayor shall hold the office for the term for which he or she has been elected or qualified. The mayor shall keep an office at some convenient place in the city, to be provided by the city council, and shall sign all documents which by statute or ordinance may require his or her signature. (2) The mayor of the city shall be its chief executive officer and conservator of the peace, and it is his special duty to cause the ordinances and the regulations of the city to be faithfully and constantly obeyed. He shall supervise the conduct of all the officers of the city, examine the grounds of all reasonable complaints made against any of them, and cause any violations or neglect of duty to be promptly corrected or reported to the proper tribunal for punishment and correction. The mayor has and shall exercise, within the city limits, the powers conferred upon the sheriffs of counties to suppress disorders and keep the peace. He shall also perform such other duties compatible with the nature of his office as the city council may from time to time require. (3) The mayor shall be the presiding officer of the city council and shall have the same voting powers as any member of said council. The mayor shall be considered a member of the governing body and the city council. However, a city may provide by ordinance that the mayor shall not be entitled to vote on any matter before the council, except in the case of a tie vote. If such an ordinance is adopted, it shall also provide that any ordinance adopted and all resolutions authorizing the expenditure of money or the entering into of a contract shall be subject to disapproval by the mayor as provided in section 31-16-104. Such an ordinance may provide or may be amended to provide that the mayor shall not be counted for purposes of determining a quorum or the requisite majority on any matter to be voted on by the council. Any such ordinance may be adopted, amended, or repealed only within the sixty days preceding the election of any mayor, to take effect upon such mayor's assumption of office.

C.R.S. § 31-4-103 Mayor - vacancy - appointment - mayor pro tem

31-4-103. Mayor - vacancy - appointment - mayor pro tem. (1) Within thirty days of the mayor's death, disability, resignation, or other vacation of the mayor's office, the city council shall appoint a person possessed of all statutory qualifications or order a special election as soon as practicable to fill the vacancy until the term of office of a successor elected at the next regular election has commenced, as provided in section 31-4-105, and the city council may appoint a registered elector to act as mayor until the special election. The special election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". If the council lacks a sufficient number of members in office to establish a quorum to choose a successor or order an election, the vacancy shall be filled in the manner provided by section 31-4-108 (3). (2) The city council may appoint one of their own number acting mayor or mayor pro tem who is entitled to act as mayor in case the mayor is absent from the city or is for any reason temporarily unable to perform the duties of his office.

C.R.S. § 31-4-104 Wards

31-4-104. Wards. Every city shall be divided by the city council into wards, and such wards shall be numbered consecutively beginning with the number one. The boundaries of said wards shall not be changed more often than once in six years, unless change is necessary to conform to constitutional apportionment requirements. Territory added to the city shall become a part of such ward or wards as may be determined by ordinance; but this shall not prevent apportionment to conform to constitutional requirements. The boundaries and number of wards shall be changed only by majority vote of all members elected to the governing body.

C.R.S. § 31-4-105 Election of officers - terms

31-4-105. Election of officers - terms. The registered electors of each city shall elect, at the regular election, a mayor, a clerk, and a city treasurer from the city at large. At the same election, the registered electors of each ward of the city shall elect two members of the city council. The election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". The officers shall hold their respective offices for terms of two years, commencing at the first meeting of the governing body following the survey of election returns, unless the governing body provides by ordinance or resolution that terms shall commence on the first Monday after the first Tuesday in January following their election.

C.R.S. § 31-4-106 Councilman - residence - vacancies

31-4-106. Councilman - residence - vacancies. Each councilman shall have resided in the ward in which he is a candidate for a period of at least twelve consecutive months immediately preceding the date of the election and shall be a registered elector therein; except that, in case the boundaries of the ward are changed pursuant to section 31-2-104 or 31-4-104 or as a result of annexation, any person who has resided within territory added to the ward for the time prescribed in this section shall be deemed to have met the residence requirements for the ward to which the territory was added. If any councilman, during the term of his office, removes from or becomes a nonresident of the ward in which he was elected, he shall be deemed thereby to vacate his office, effective upon the adoption by the city council of a resolution declaring such vacancy to exist. If any vacancy occurs in the office of councilman because of death, resignation, or removal or for any other reason, the same shall be filled by appointment by a majority vote of the city council or by election as provided in section 31-4-108 (2)(b). A successor to the person so appointed or elected shall be elected at the next regular election.

C.R.S. § 31-4-107 Appointment of officers - terms

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. s 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.

C.R.S. § 31-4-108 Expulsion from city council - vacancies in other offices

31-4-108. Expulsion from city council - vacancies in other offices. (1) Any member of the city council may be expelled or removed from office, for good cause shown, by a vote of two-thirds of all the members elected to the city council, but he may not be removed a second time for the same offense. (2) (a) In case any office of an appointive officer becomes vacant before the regular expiration of the term thereof, the vacancy shall be filled by the city council by appointment. (b) Within sixty days after a vacancy occurs in any elective office before the regular expiration of the term thereof, the city council shall: (I) Appoint a person possessed of all statutory qualifications to fill the vacancy until the term of office of a successor elected at the next regular election has commenced as provided in section 31-4-105; or (II) Order a special election to be held as soon as practicable to fill the vacancy until the term of office of a successor elected at the next regular election has commenced as provided in section 31-4-105. (3) If the city council, at the time the vacancy occurs or within sixty days thereafter, lacks a sufficient number of members to establish a quorum to fill the vacancy as provided in subsection (2)(b) of this section, the city clerk, without further action by the city council, shall call a special election to be held as soon as practicable to fill any vacancy in any elective office until the term of office of a successor elected at the next regular election as provided in section 31-4-105. The city council may cancel the special election if it is able to fill the vacancy before the date of the special election.

C.R.S. § 31-4-109 Compensation and fees of officers

31-4-109. Compensation and fees of officers. The mayor shall receive such compensation for his services as the city council, prior to his election, may fix as provided in this section. The city council, at least as early as the last monthly meeting before such regular municipal election, shall fix by ordinance the compensation and fees of members of the city council, including the compensation of the mayor and councilmen, for the period for which they will be elected or appointed if any change in said compensation is desirable. The city council shall neither increase nor diminish the compensation of any councilman or mayor during his term of office. Each person appointed to fill a vacancy in the office of mayor or councilman shall receive the same compensation as was established for the office when the vacancy occurred. All other officers of the city, together with all other employees of the city, shall receive such compensation as the city council may fix from time to time by ordinance or as may be established in a pay plan adopted by ordinance. The city council may from time to time contract for professional services and for such services pay such fees and charges as may be agreed upon.

C.R.S. § 31-4-110 City clerk - duties - city seal

31-4-110. City clerk - duties - city seal. (1) The city clerk shall have the custody of all the laws and ordinances of the city council, shall keep a regular record of the proceedings of the city council, in such form as determined by the council, and shall perform such other duties as may be required by statute or by the ordinances of the city. The clerk shall continue in office until a successor is appointed or elected and has complied with section 31-4-401. (2) Each city council shall provide for the clerk's office a seal, which shall be the seal of the city, in the center of which shall be the word "Seal" and such other device as may be directed by ordinance and around the margin the name of the city and the state. Said seal shall be affixed to all transcripts, orders, or certificates which may be necessary or proper to authenticate under law or any ordinance of the city. For all attested certificates and transcripts other than those ordered by the city council, the same fees shall be paid to the clerk as are allowed to county officers for similar services.

C.R.S. § 31-4-111 City treasurer - powers and duties

31-4-111. City treasurer - powers and duties. The city treasurer has such powers and shall perform such duties as are prescribed by the statutes of this state and by the ordinances of the city council not inconsistent therewith.

C.R.S. § 31-4-112 Marshal or chief of police - duties

31-4-112. Marshal or chief of police - duties. The marshal or chief of police shall execute and return, by himself or herself or by any member of the police force, all writs and processes directed to him or her by the municipal judge in any case arising under a city ordinance. In criminal cases, quasi-criminal cases, or cases in violation of city ordinances, he or she may serve the same in any part of the county in which such city is situate. The marshal, chief of police, or any member of the police force shall suppress all riots, disturbances, and breaches of the peace, shall apprehend all disorderly persons in the city, and shall pursue and arrest any person fleeing from justice in any part of the state. He or she shall apprehend any person in the act of committing any offense against the laws of the state or ordinances of the city and, forthwith and without any warrant, bring such person before a municipal judge, county judge, or other competent authority for examination and trial pursuant to law. He or she has, in the discharge of his or her proper duties, powers and responsibilities similar to those that sheriffs have in like cases. The marshal or chief of police may employ certified peace officers to enforce all laws of the state of Colorado notwithstanding section 16-2.5-201.

C.R.S. § 31-4-112.1 Chief of police - permits for concealed weapons

31-4-112.1. Chief of police - permits for concealed weapons. (Repealed)

C.R.S. § 31-4-113 Terms of officers end upon adoption of charter

31-4-113. Terms of officers end upon adoption of charter. If any city adopts a charter pursuant to the provisions of article XX of the state constitution, the term of office of every officer of such city who has been elected or appointed pursuant to the general laws of this state or under the ordinances of such city shall terminate immediately upon the election and qualification of the elective officers provided for by such charter.

C.R.S. § 31-4-201 Authority to reorganize - rights and powers

31-4-201. Authority to reorganize - rights and powers. Any city may reorganize into a city council-city manager form of municipal government in accordance with the provisions of this part 2. However, no such city shall have conferred upon it by such reorganization any rights and powers except those rights and powers conferred upon cities by the general laws of this state.

C.R.S. § 31-4-202 Petition - election

31-4-202. Petition - election. (1) When a petition, signed by five percent of the registered electors of the municipality, requesting an election on the question of adopting the city council-city manager form of government is presented to the city council, the city council shall adopt an ordinance calling for an election upon such question to be held within four calendar months from the date of the presentation of such petition. The petition shall state whether the mayor under such form of government shall be elected by and from among the members of the city council or from the city at large by the registered electors of the city at the regular election. The question of adopting such form of government shall be submitted to the registered electors of the city at a special or regular election to be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". (2) The mayor or, in case of the disability of the mayor, the mayor pro tem, immediately following the effective date of such ordinance, shall cause notice to be given of such election, which notice shall be given in the manner prescribed by the "Colorado Municipal Election Code of 1965". (3) (a) If the petition requests that the mayor be elected by and from among the members of the city council, the question to be submitted at such election shall be: "Shall the City of (name of city) reorganize by adopting the City Council-City Manager form of government as provided in part 2 of article 4 of title 31, Colorado Revised Statutes, with the mayor to be elected by and from among the members of the city council?". The form of ballot or voting machine tabs shall be: "For City Council-City Manager Form - Mayor elected by Council" and "Against City Council-City Manager Form - Mayor elected by Council". (b) If the petition requests that the mayor be elected from the city at large by the registered electors of the city at the regular election, the question to be submitted at such election shall be: "Shall the city of (name of city) reorganize by adopting the City Council-City Manager form of government, as provided in part 2 of article 4 of title 31, Colorado Revised Statutes, with the mayor to be elected by the registered electors of the city at the regular election?". The form of ballot or voting machine tabs shall be: "For City Council-City Manager Form - Mayor elected by Popular Vote" and "Against City Council-City Manager Form - Mayor elected by Popular Vote". (4) The registered electors of any city which has previously reorganized into the city council-city manager form of government under this part 2 may, at any time, petition in the manner set forth in subsection (1) of this section for an election on: (a) Returning to the original mayor-council form of government; (b) Retaining the city council-city manager form of government but with the mayor to be elected by the registered electors of the city at the regular election rather than elected by and from among the members of the city council; or (c) Retaining the city council-city manager form of government but with the mayor to be elected by and from among the members of the city council.

C.R.S. § 31-4-203 Majority vote carries - when effective

31-4-203. Majority vote carries - when effective. (1) If a majority of the votes cast are for the proposition, it shall be carried. The form of government existing in such city at the time of such election shall continue unchanged until the next regular election. Except as provided in subsection (2) of this section, the next regular election shall be held for the purpose of electing the officers required by that form of government. Upon the taking of office and compliance with section 31-4-401 by the new officers, the terms of office of existing officers shall terminate, the prior form of government shall cease, and the new form of government shall commence. (2) If the proposition carried is to return to the original mayor-council form of government, the offices of mayor and other elected offices other than city council members shall be filled at a special election to be held according to the provisions of section 31-4-103; except that such offices shall be filled at the next regular election if such regular election is held less than four months following the adoption of the proposition. Upon the taking of office and compliance with section 31-4-401 by the mayor and other elected officers, the terms of office of existing officers shall terminate, the prior form of government shall cease, and the new form of government shall commence.

C.R.S. § 31-4-204 Prior laws applicable - rights and liabilities continue

31-4-204. Prior laws applicable - rights and liabilities continue. (1) All laws of the state applicable to the city before the adoption of the city council-city manager form of government and not inconsistent with the provisions of this part 2 shall apply to and govern such reorganized city. (2) Any bylaw, ordinance, or resolution lawfully passed and in force in such city at the time of its reorganization shall remain in force and continue to be in effect until duly amended or repealed. (3) The territorial limits of such city shall remain the same as under its former organization. (4) All rights of whatever description which were vested in such city under its former organization shall be vested in the city after reorganization. (5) No valid and legally subsisting right or liability either in favor of or against the city and no judicial proceedings, civil or criminal, shall be affected by such change of government unless otherwise provided in this part 2. (6) No change in the form of government as provided in this part 2, either by adopting or abandoning the form of government as provided in this part 2, shall release or affect any debts, bonds, warrants, or other obligations, however evidenced, which shall continue as valid obligations of the city under the succeeding form of government.

C.R.S. § 31-4-205 Council members - vacancies

31-4-205. Council members - vacancies. (1) The legislative and corporate authority of cities organized under this part 2 shall be vested in the city council members nominated and elected, two from each ward and one from the city at large, for a term of two years. Members of the city council shall be registered electors of the city who have resided in their respective wards for a period of at least twelve consecutive months immediately preceding the election; except that, in case the boundaries of the ward are changed pursuant to section 31-2-104 or 31-4-104 or as a result of annexation, any person who has resided within territory added to the ward for the time prescribed in this subsection (1) shall be deemed to have met the residence requirements for the ward to which the territory was added. (2) Within sixty days after a vacancy occurs in the city council, the council shall: (a) Appoint a person possessed of all statutory qualifications to fill the vacancy until the term of office of a successor elected at the next regular election has commenced as provided in section 31-4-105; or (b) Order a special election to be held as soon as practicable to fill the vacancy until the term of office of a successor elected at the next regular election has commenced as provided in section 31-4-105. (3) The city council may provide by ordinance for four-year overlapping terms of office for its members. 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 any emergency declaration, to referendum if such 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. Where four-year terms have been provided for council members pursuant to section 31-4-107 (3), council members shall continue to serve four-year terms unless two-year terms are reinstated pursuant to this subsection (3). If any vacancy occurs in the office of council member for which a four-year term is in effect pursuant to this subsection (3), the vacancy shall be filled as provided in subsection (2) of this section. 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 the office is held at the time at which it would have been held if no vacancy had occurred. (4) If the city council, at the time a vacancy occurs or within sixty days thereafter, lacks a sufficient number of members to establish a quorum to fill the vacancy as provided in subsection (2) of this section, the city clerk, without further action by the city council, shall call a special election to be held as soon as practicable to fill the vacancy until the term of office of a successor elected at the next regular election has commenced as provided in section 31-4-105. The council may cancel the special election if it is able to fill the vacancy before the date of the special election.

C.R.S. § 31-4-206 Council members - nomination - election - compensation

31-4-206. Council members - nomination - election - compensation. (1) The nomination and election of candidates for the city council provided for by this part 2 shall be in accordance with the "Colorado Municipal Election Code of 1965". (2) The members of the city council shall receive such compensation as may be fixed by ordinance.

C.R.S. § 31-4-207 Mayor - selection

31-4-207. Mayor - selection. (1) Except as otherwise provided in subsection (3) of this section, if the mayor is to be elected by and from among the members of the city council, then at the meeting of the city council at which their terms commence, as provided in section 31-4-105, the city council shall choose, by a majority vote, for a term of two years, one of its members as chairperson, who shall have the title of mayor, and shall also choose, by a majority vote, for a term of two years, one of its members as vice-chairperson, who shall act as mayor pro tem. In case of a vacancy in the office of the mayor, the city council shall choose a successor for the unexpired term. (2) If the mayor is to be elected from the city at large, the mayor must be elected by the registered electors of the city at the regular election in the city. The mayor must be a registered elector who has resided within the limits of the city for a period of at least twelve consecutive months immediately preceding the date of the election; except that, in the case of annexation, any person who has resided within the annexed territory for the time prescribed in this subsection (2) shall be deemed to have met the residence requirements for the city to which the territory was annexed. The mayor shall assume office at the next regularly scheduled meeting of the city council following the mayor's election or upon such earlier date as the council may specify. Except as otherwise provided in subsection (3) of this section, the mayor holds office for a term of two years. At the same meeting of the city council, the city council shall choose, by a majority vote, one of its members to act as mayor pro tem in the temporary absence of the mayor. The city council may appoint one of its members acting mayor if both the mayor and the mayor pro tem are temporarily absent from the city or unable to perform the duties of the mayor. In case of a vacancy in the office of the mayor, the city council shall choose the mayor's successor for the unexpired term in the manner provided in section 31-4-205 for filling a vacancy in the office of council member. (3) The city council may provide, by ordinance, four-year terms for the office of the mayor. The city council may reinstate 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 any emergency declaration, to referendum brought pursuant to section 31-11-105 or pursuant to an applicable 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 a vacancy occurs in the office of the mayor for which a four-year term is in effect pursuant to this subsection (3), the vacancy shall be filled as provided in subsections (1) and (2) of this section.

C.R.S. § 31-4-207.5 Mayor - powers and duties

31-4-207.5. Mayor - powers and duties. The mayor shall be the presiding officer of the city council and shall have the same voting powers as any member of said council. The mayor shall be considered a member of the governing body and the city council and shall be recognized as the head of the city government for all ceremonial purposes, by the courts for serving civil processes, and by the government for purposes of military law. In addition, the mayor shall exercise such other powers and perform such other duties as are conferred and imposed upon him by this part 2 or the ordinances of the city.

C.R.S. § 31-4-208 City attorney - municipal judge

31-4-208. City attorney - municipal judge. The city council shall appoint a city attorney, who, upon taking office, shall be an attorney-at-law licensed to practice in the state of Colorado. The city council shall also appoint a municipal judge in accordance with section 13-10-105 (1), C.R.S. The city attorney shall serve at the pleasure of the city council. A municipal judge may be removed during his term of office only for cause, as provided in section 13-10-105 (2), C.R.S.

C.R.S. § 31-4-209 Rules - business - journal

31-4-209. Rules - business - journal. The city council shall determine its own rules, procedure, and order of business and shall keep a journal of its proceedings. It may compel attendance of members and may punish members for misconduct.

C.R.S. § 31-4-210 City manager - qualifications - removal

31-4-210. City manager - qualifications - removal. The city council shall appoint a city manager who shall be the chief administrative officer of the city. The city manager shall be chosen solely on the basis of his executive and administrative qualifications and need not, when appointed, be a resident of the city or of the state. No member of the city council shall be chosen as city manager during his term of office. The city manager shall be appointed for an indefinite term, but he may be removed at the pleasure of the city council for cause. Before the city manager may be removed, he shall be given, if he so demands, a written statement of the reasons alleged for his removal and he has the right to be heard thereon at a public meeting of the council prior to the final vote on the question of his removal. Pending and during such hearing, the city council may suspend him from office. The action of the city council in suspending or removing the city manager shall be final. It is the intent of this part 2 to vest all authority and to fix all responsibility for such suspension or removal in the city council. In case of the absence or disability of the city manager, the city council may designate some qualified person to perform the duties of the office during such absence or disability.

C.R.S. § 31-4-211 City manager - powers and responsibility

31-4-211. City manager - powers and responsibility. (1) The city manager is responsible to the city council for the proper administration of all affairs of the city placed in his charge and, to that end and except as otherwise provided in this part 2, he shall have the power to appoint and remove all officers and employees in the administrative service of the city except the city attorney and the municipal judge. Appointments made by the city manager shall be on the basis of executive and administrative ability, training, and experience of such appointees in the work which they are to perform. All such appointments shall be without definite term. (2) Officers and employees appointed by the city manager may be removed by him at any time for cause. The decision of the city manager in any such case shall be final.

C.R.S. § 31-4-212 Council not to interfere

31-4-212. Council not to interfere. Except as otherwise provided in this part 2, neither the city council nor any of its committees or members shall direct or request the appointment of any person to or his removal from office by the city manager or in any other manner take part in the appointment or removal of officers and employees in the administrative service of the city. The city council and its members shall deal with that portion of the administrative service for which the city manager is responsible solely through the city manager, and neither the city council nor any member thereof shall give orders to any subordinate of the city, either publicly or privately. Any violation of the provisions of this section by a member of the city council constitutes misconduct and is punishable in such manner as may be determined by the other members of the city council.

C.R.S. § 31-4-213 Duties of city manager

31-4-213. Duties of city manager. It is the duty of the city manager to act as chief conservator of the peace within the city; to supervise the administration of the affairs of the city; to see that the ordinances of the city and the applicable laws of the state are enforced; to make such recommendations to the city council concerning the affairs of the city as seem desirable to him; to keep the city council advised of the financial conditions and future needs of the city; to prepare and submit to the city council the annual budget estimate; to prepare and submit to the city council such reports as are required by that body; to prepare and submit each month to the city council a detailed report covering all activities of the city, including a summary statement of revenues and expenditures for the preceding month, detailed as to appropriations and funds in such a manner as to show the exact financial condition of the city and of each department and division thereof as of the last day of the previous month; and to perform such other duties as may be prescribed by this part 2 or required of him by ordinance or resolution of the city council.

C.R.S. § 31-4-214 City manager sits in council - no vote

31-4-214. City manager sits in council - no vote. The city manager is entitled to a seat in the city council but shall have no vote therein. The city manager has the right to take part in the discussion of all matters coming before the city council.

C.R.S. § 31-4-215 Administrative plan

31-4-215. Administrative plan. (1) The city council, upon the report and recommendation of the city manager, has the power to create and establish by ordinance administrative departments of city administration. It is the duty of the city manager to propose a plan of administrative organization to the city council within sixty days after his appointment which, if approved by the city council, shall be adopted by ordinance. The administrative plan shall provide for the establishment of the office of city clerk. The city clerk shall be ex officio city treasurer and clerk of the city council. Subject to the supervision and control of the city manager in all matters, the city clerk shall keep and supervise all accounts and have custody of all public moneys of the city; apportion and collect special assessments; issue licenses; collect license fees; make and keep a journal of proceedings of the city council; have custody of all public records of the city not specifically entrusted to any other office; and perform such other duties pertaining to such offices as are by ordinance required or assigned to him by the city manager. The administrative plan shall also provide for a chief of police, a fire chief, a health officer, and such other officers as are deemed necessary for the efficient administration of the city, and such plan may or may not include, in the discretion of the city council, all of the officers named in sections 31-4-105 and 31-4-107. All such officers shall be appointed by the city manager as provided in section 31-4-211. This plan of the city manager shall be placed on file and shall be a matter of public record open to the examination and inspection of the public at all reasonable times. The city council, upon recommendation of the city manager, may change or abolish, by ordinance, any department or office established by ordinance, prescribe, distribute, or discontinue the functions and duties of departments and offices so established, or assign additional functions and duties to departments and offices. (2) All administrative boards, departments, or offices existing in any city prior to its reorganization shall continue to exist after its reorganization under this part 2 until abolished, altered, or reorganized by ordinance of the city council.

C.R.S. § 31-4-216 Accounts of utilities

31-4-216. Accounts of utilities. Accounts shall be kept for each public utility owned or operated by the city, distinct from other city accounts, and in such manner as to show the true and complete financial result of such city ownership and operation including all assets, liabilities, revenues, and expenses, and in accordance with the uniform classification of accounts as may be prescribed by the public utilities commission of this state.

C.R.S. § 31-4-217 Publicity of records

31-4-217. Publicity of records. Records of the city shall be open to inspection at reasonable times and under reasonable regulations established by the city as provided by article 72 of title 24, C.R.S.

C.R.S. § 31-4-218 Pay of officers and employees

31-4-218. Pay of officers and employees. The salary or compensation of officers and employees shall be established by ordinance, which shall provide uniform compensation for like services. Such schedules of compensation may fix the minimum and maximum for any grade. An increase in compensation, within the limits provided for the grade, may be granted at any time by the city manager or other appointing authority upon the basis of efficiency and seniority.

C.R.S. § 31-4-219 Official bonds - waiver

31-4-219. Official bonds - waiver. The city manager, the city clerk, and such other officers and employees as the city council may require so to do shall give bonds in such amounts and with such sureties as may be approved by the city council. The premiums on such bonds shall be paid by the city. The city council may waive the requirement of such bonds.

C.R.S. § 31-4-220 Abandonment of form of government

31-4-220. Abandonment of form of government. (Repealed)

C.R.S. § 31-4-301 Mayor - board of trustees - election - compensation

31-4-301. Mayor - board of trustees - election - compensation. (1) The legislative and corporate authority of towns shall be vested in a board of trustees, consisting of one mayor and six trustees, who shall be registered electors who have resided within the limits of the town for a period of at least twelve consecutive months immediately preceding the date of the election; except that, in case of annexation, any person who has resided within the annexed territory for the time prescribed in this subsection (1) shall be deemed to have met the residence requirements for the town to which the territory was annexed. (2) At the regular election, there shall be elected a mayor for a term of two years and six trustees for terms of two years. Such election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". (3) All officers elected under this section shall hold their offices until their successors are elected and have complied with section 31-4-401, and four members of said board of trustees shall constitute a quorum for the transaction of business. (4) The mayor and members of the board of trustees shall receive such compensation as fixed by ordinance. (5) The board of trustees may provide by ordinance for four-year overlapping terms of office for trustees. The ordinance may also provide for four-year terms for the mayor and any officers elected pursuant to section 31-4-304. The board of trustees may reinstate the two-year terms provided for in subsection (2) of this section by ordinance. Any ordinance passed pursuant to this subsection (5) shall be enacted at least one hundred eighty days before the next regular election and is 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 (5) 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 (5), the board of trustees shall fill such vacancy, as provided in section 31-4-303. 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 the office is held at the time at which it would have been held if no vacancy had occurred.

C.R.S. § 31-4-301.5 Change in number of trustees

31-4-301.5. Change in number of trustees. (1) The trustees of any statutory town may be reduced in number from six to four or again increased from four to six in the manner provided in this section. (2) When a petition signed by five percent of the registered electors of the town requesting an election for the purpose of reducing the number of trustees from six to four is presented to the board of trustees of the town or when the board determines by majority vote of the entire board that such a reduction in the size of the board would be in the interest of the town, the board shall adopt an ordinance calling for such an election, to be held within four calendar months from the date of presentation of the petition. (3) Such election may be held in connection with any regular or special election. In the event that the issue is approved at the election, three members of the board of trustees shall constitute a quorum for the transaction of business, and the legislative and corporate authority of the town shall be vested in the board of trustees consisting of one mayor and four trustees. The approval of a change reducing the number of trustees from six to four shall not have the effect of reducing the term for which any member of the board of trustees was previously elected. (4) Where the number of trustees has been reduced from six to four, an election on the issue of increasing the number of trustees from four to six may be held at any time subsequent to two years following the election reducing the number of trustees from six to four. No new petition requesting an election to reduce or increase the number of trustees on the board of trustees may be filed or accepted by the board, nor may the board refer any such issue to the voters, for a period of two years following an election for the purpose of increasing or reducing the number of trustees.

C.R.S. § 31-4-302 Mayor - powers

31-4-302. Mayor - powers. The mayor or, in his absence, one of the trustees, who may be elected mayor pro tem, shall preside at all meetings of the board of trustees and shall have the same voting powers as any member of said board. The mayor shall be considered a member of the governing body and the board of trustees. However, a town may provide by ordinance that the mayor shall not be entitled to vote on any matter before the board, except in the case of a tie vote. If such an ordinance is adopted, it shall also provide that any ordinance adopted and all resolutions authorizing the expenditure of money or the entering into of a contract shall be subject to disapproval by the mayor as provided in section 31-16-104. Such an ordinance may provide or may be amended to provide that the mayor shall not be counted for purposes of determining a quorum or for the requisite majority on any matter to be voted on by the board of trustees. Any such ordinance may be adopted, amended, or repealed only within the sixty days preceding any election of a mayor, to take effect upon such mayor's assumption of office.

C.R.S. § 31-4-303 Trustees to fill vacancy - mayor pro tem - clerk pro tem

31-4-303. Trustees to fill vacancy - mayor pro tem - clerk pro tem. (1) The board of trustees has the power, by appointment, to fill all vacancies in the board or any other office, and the person so appointed shall hold office until the next regular election and until a successor is elected and has complied with section 31-4-401. The board also has the power to fill a vacancy in the board or in any other elective office of the town by ordering an election to fill the vacancy until the next regular election and until a successor has been elected and has complied with section 31-4-401. (2) If the board, at the time a vacancy occurs or within sixty days thereafter, lacks a sufficient number of members to establish a quorum to fill the vacancy as provided in subsection (1) of this section, the town clerk shall, without further action by the town board, call a special election to be held as soon as practicable to fill the vacancy until the term of office of a successor elected at the next regular election has commenced as provided in section 31-4-301. The board may cancel such election if the board is able to fill the vacancy prior to the date of the special election. (3) At the first meeting, the board shall choose one of the trustees as mayor pro tem who, in the absence of the mayor from any meeting of the board or during the mayor's absence from the town or the mayor's inability to act, shall perform the mayor's duties. The board may elect a clerk pro tem to perform the duties of the clerk during the clerk's absence or inability to act.

C.R.S. § 31-4-304 Appointment of officers - compensation

31-4-304. Appointment of officers - compensation. The board of trustees shall appoint a clerk, treasurer, and town attorney, or shall provide by ordinance for the election of such officers, and may appoint such other officers, including a town administrator, as it deems necessary for the good government of the corporation, and it shall prescribe by ordinance their duties when the same are not defined by law and the compensation or fees they are entitled to receive for their services. The board of trustees may require officers to take an oath or affirmation in accordance with section 24-12-101. The election of officers shall be at the regular election, and no appointment of any officer shall continue beyond thirty days after compliance with section 31-4-401 by the members of the succeeding board of trustees.

C.R.S. § 31-4-305 Clerk - duties

31-4-305. Clerk - duties. The clerk shall attend all meetings of the board of trustees and make a true and accurate record of all the proceedings, rules, and ordinances made and passed by the board of trustees. Records of the town shall be open to inspection at all reasonable times and under reasonable regulations established by the town as provided by article 72 of title 24, C.R.S.

C.R.S. § 31-4-306 Marshal or chief of police - powers and duties

31-4-306. Marshal or chief of police - powers and duties. The marshal or chief of police has the same power that sheriffs have by law, coextensive with the county in cases of violation of town ordinances, for offenses committed within the limits of the town. He or she shall execute all writs and processes directed to him or her by the municipal judge in any case arising under a town ordinance and receive the same fees for his or her services that sheriffs are allowed in similar cases. The marshal or chief of police may employ certified peace officers to enforce all laws of the state of Colorado notwithstanding section 16-2.5-201.

C.R.S. § 31-4-307 Removal of officers - causes - notice

31-4-307. Removal of officers - causes - notice. By a majority vote of all members of the board of trustees, the mayor, the clerk, the treasurer, any member of the board, or any other officer of the town may be removed from office. No such removal shall be made without a charge in writing and an opportunity of hearing being given unless the officer against whom the charge is made has moved out of the limits of the town. When any officer ceases to reside within the limits of the town, he may be removed from office pursuant to this section. 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.

C.R.S. § 31-4-401 Oath or affirmation of officers - bonds - waiver - declaring office vacant

31-4-401. Oath or affirmation of officers - bonds - waiver - declaring office vacant. (1) All officers elected or appointed in any municipality shall take an oath or affirmation in accordance with section 24-12-101. (2) The governing body has the power to declare vacant the office of a person appointed or elected to an office who fails to take an oath or affirmation in accordance with section 24-12-101 when required within ten days after the person has been notified of the person's appointment or election, and the governing body shall proceed to appoint the person's successor as in other cases of vacancy.

C.R.S. § 31-4-402 New bond

31-4-402. New bond. In the event that the official bond of any officer of a city or town, after the taking and approval thereof, becomes insufficient by reason of the death or insolvency of any of the sureties thereon, the governing body of such city or town may require such officer to procure additional sureties or to give a new bond and may designate the time when such additional sureties or new bond shall be furnished, which shall not be less than ten days, or may waive the requirement for such sureties or new bond. In the event that the additional sureties or new bond is not furnished within the time so designated and the requirement for such sureties or new bond is not waived, the office shall be declared vacant, and the vacancy shall be filled by election or appointment as provided by law.

C.R.S. § 31-4-403 Lawful pay only for governing bodies

31-4-403. Lawful pay only for governing bodies. No member of the governing body of any city or town shall receive any compensation for his services as such member except as provided by law.

C.R.S. § 31-4-404 Not to be appointed to office

31-4-404. Not to be appointed to office. (1) During the time for which he has been elected or for one year thereafter, no member of the governing body of any city or town shall be appointed to any municipal office which is created or the emoluments of which are increased during the term for which he has been elected except in the cases provided in this title. (2) Any member of the governing body of any city or town who has a personal or private interest in any matter proposed or pending before the governing body shall disclose such interest to the governing body, shall not vote thereon, and shall refrain from attempting to influence the decisions of the other members of the governing body in voting on the matter. (3) A member of the governing body of any city or town may vote notwithstanding subsection (2) of this section if his participation is necessary to obtain a quorum or otherwise enable the body to act and if he complies with the voluntary disclosure provisions of section 24-18-110, C.R.S.

C.R.S. § 31-4-405 Emoluments not to be increased

31-4-405. Emoluments not to be increased. The emoluments of any member of the governing body, including the mayor, trustees, and councilmen, shall not be increased or diminished during the term for which he has been elected or appointed except in the case of abolition of an office, in which case the emoluments of the office shall cease at the time of such abolishment. Any member of the governing body, including the mayor, trustees, and councilmen, who has resigned or vacated an office prior to the end of his elective or appointive term shall not be eligible to reelection or reappointment to the same during such term if during such term the emoluments have been increased.

C.R.S. § 31-4-406 Territorial corporations - compensation fixed by electors

31-4-406. Territorial corporations - compensation fixed by electors. In cities and towns of not more than five thousand inhabitants incorporated prior to July 3, 1877, the mayor and members of the governing body shall not receive any compensation for services rendered by them as such mayor or members unless the question of paying such mayor or members for their services is first submitted to the registered electors of such city or town and unless a majority of those voting thereon vote in favor thereof. All ordinances, resolutions, and other acts of the governing body of any such city or town authorizing or directing the payment of any compensation to any such officer shall be and remain void. Nothing in this section shall apply to any municipal judge who acts or officiates as president of any governing body.

C.R.S. § 31-4-407 Penalty for receiving illegal compensation

31-4-407. Penalty for receiving illegal compensation. Any mayor or member of the governing body of any city or town who takes or receives payment for any services rendered by him contrary to the provisions of section 31-4-406 commits a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. Said fines, when collected, shall be paid into the general fund of said city or town.

C.R.S. § 31-4-501 Officers subject to recall

31-4-501. Officers subject to recall. Every elected or appointed officer of any municipality of the state of Colorado may be recalled from office at any time by the registered electors of the municipality in the manner provided in section 4 of article XXI of the state constitution. The provisions of this part 5 apply to all municipalities except to the extent that a municipality has adopted provisions pursuant to article XX or XXI of the state constitution inconsistent with this part 5.

C.R.S. § 31-4-502 Procedure - petition - signatures

31-4-502. Procedure - petition - signatures. (1) The procedure to effect the recall of an elective officer of a municipality shall be as follows: (a) (I) A petition containing the requisite number of signatures under subsection (1)(d) of this section must be filed in the office of the municipal clerk, demanding an election of a successor to the officer named in the petition. Each petition must designate by name and address not less than three nor more than five persons, referred to in this section as the "committee", who shall represent the signers thereof in all matters affecting the petition. The person designated as a member of the committee must be a registered elector of the municipality. The petition shall clearly indicate the name of the municipality and the name of the officer sought to be recalled. The petition must include the name of only one person to be recalled. The petition must contain a general statement, of not more than two hundred words, of the grounds on which the recall is sought, which statement is intended for the information of the electors of the municipality. The electors are the sole and exclusive judges of the legality, reasonableness, and sufficiency of the grounds assigned for recall, and the grounds are not open to review. (II) The signatures to a recall petition need not all be on one sheet of paper. At the top of each page shall be printed, in bold-faced type, the following: WARNING: IT IS AGAINST THE LAW: For anyone to sign this petition with any name other than one's own or to knowingly sign one's name more than once for the same measure or to sign such petition when not a registered elector. Do not sign this petition unless you are a registered elector. To be a registered elector, you must be a citizen of Colorado and registered to vote in (name of municipality). Do not sign this petition unless you have read or have had read to you the proposed measure in its entirety and understand its meaning. (b) Directly following the warning in paragraph (a) of this subsection (1) shall be printed in bold-faced type the following: Petition to recall (name of person sought to be recalled) from the office of (title of office). (c) A recall petition shall not be circulated until it has been approved as meeting the requirements of this section as to form. The clerk shall approve or disapprove a petition as to form no later than the close of the second business day following submission of the proposed petition. The clerk shall mail or transmit electronically written notice of the clerk's action to the officer sought to be recalled on the day that any such petition is approved. (d) A recall petition must be signed by registered electors entitled to vote for a successor of the incumbent sought to be recalled equal in number to twenty-five percent of the entire vote cast for all candidates for that particular office at the last preceding regular election held in the municipality. If the person sought to be recalled holds an office that more than one person is required by law to fill, then the recall petition shall be signed by registered electors entitled to vote for a successor to the incumbent sought to be recalled equal in number to twenty-five percent of the entire vote cast at the last preceding regular election held in the municipality for all candidates for the office, divided by the number of all officers elected to such office at the last preceding regular election held in the municipality even if the person sought to be recalled was elected at a different election.

C.R.S. § 31-4-503 Petition in sections - signing - affidavit - review - tampering with petition

31-4-503. Petition in sections - signing - affidavit - review - tampering with petition. (1) A recall petition may be circulated and signed in sections, but each section must contain a full and accurate copy of the title and text of the petition. (2) (a) Signatures for a recall petition need not all be on one sheet of paper. All recall petitions must be filed in the office of the municipal clerk within sixty days from the date on which the municipal clerk approves the petition as to form. (b) A recall petition must be signed only by registered electors using their own signatures, after which each such elector shall print or, if the elector is unable to do so, shall cause to be printed the elector's legal name; the residence address of such person, including the street and number, if any, the municipality, and the county; and the date of signing the petition. (c) To each such petition or section thereof shall be attached an affidavit of the person who circulated the petition stating the affiant's address, that the affiant is eighteen years of age or older, that the affiant circulated the said petition, that the affiant made no misrepresentation of the purpose of such petition to any signer of the petition, that each signature on the petition was affixed in the affiant's presence, that each signature on the petition is the signature of the person whose name it purports to be, that to the best of the knowledge and belief of the affiant each of the persons signing said petition was at the time of signing a registered elector, and that the affiant neither has paid nor shall pay and that the affiant believes that no other person has so paid or shall pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to sign such petition. (d) Any disassembly of an entire petition renders the petition invalid and of no force and effect. Any disassembly of a petition section renders that petition section invalid and of no force and effect. (3) (a) The municipal clerk shall issue a written initial determination that a recall petition is sufficient or not sufficient by the close of business on the fifth business day after the petition is filed or, if that day is not a regular business day, on the first regular business day thereafter, unless a protest has been filed prior to that day. The clerk shall forthwith mail a copy of the written initial determination to the officer sought to be recalled and to the committee. The clerk shall initially deem a petition sufficient if the clerk determines that the petition was timely filed, has attached to it the required affidavits, and was signed by the requisite number of registered electors of the municipality within sixty days following the date upon which the clerk approved the form of the petition. The clerk shall not remove the signature of an elector from a petition after the petition is filed. If a petition is initially determined by the clerk to be not sufficient, the clerk shall identify those portions of the petition that are not sufficient and the reasons for the insufficiency. The clerk's written initial determination is final if no protest is filed as provided in subsection (3)(b) of this section. not remove the signature of an elector from a petition after the petition is filed. If a petition is initially determined by the clerk to be not sufficient, the clerk shall identify those portions of the petition that are not sufficient and the reasons for the insufficiency. The clerk's written initial determination is final if no protest is filed as provided in subsection (3)(b) of this section. (b) A protest in writing under oath may be filed in the office of the municipal clerk by a registered elector of the municipality within fifteen days after the petition is filed setting forth specifically the grounds of the protest. Grounds for protest may include, but are not limited to, the failure of any portion of a petition, circulator affidavit, or petition circulator to meet the requirements of this section. The municipal clerk shall mail a copy of a protest to the officer named in the petition, to the committee named in the petition as representing the signers of the petition, and to the county clerk and recorder, together with a notice fixing a time for hearing the protest that is not less than five nor more than ten days after the notice is mailed. Every hearing must be before the municipal clerk with whom a protest is filed, who shall serve as hearing officer unless some other person is designated by the governing body as the hearing officer, and the testimony in every hearing must be under oath. The hearing officer has the power to issue subpoenas and compel the attendance of witnesses. A hearing is summary and not subject to delay and shall be concluded within thirty days after a petition is filed. No later than five days after the conclusion of a hearing, the hearing officer shall issue a written determination of whether the petition is sufficient or not sufficient. If the hearing officer determines that a petition is not sufficient, the hearing officer shall identify in the written determination those portions of the petition that are not sufficient and the reasons for the insufficiency. The result of a hearing must be forthwith certified to the committee and the officer sought to be recalled. (c) If a recall petition is determined not sufficient in the clerk's written initial determination or the hearing officer's written determination, the petition may be withdrawn by a majority of the committee and, within fifteen days after a determination that the petition is not sufficient, may be amended by the addition of any required information relating to the signers of the petition or the attachment of proper circulator affidavits and refiled as an original petition; except that any petition amended and refiled as provided in this subsection (3)(c) may not again be withdrawn and refiled. The municipal clerk shall issue a written initial determination that a refiled petition is sufficient or not sufficient within four business days after the petition is filed. The clerk's written initial determination as to a refiled petition will become final if no protest is filed as provided in this subsection (3)(c). Any protest concerning a refiled petition shall be filed within five business days of the date on which the petition was refiled, and any hearing shall be conducted as provided in subsection (3)(b) of this section. ness days after the petition is filed. The clerk's written initial determination as to a refiled petition will become final if no protest is filed as provided in this subsection (3)(c). Any protest concerning a refiled petition shall be filed within five business days of the date on which the petition was refiled, and any hearing shall be conducted as provided in subsection (3)(b) of this section. (d) A municipal hearing officer's finding as to the sufficiency of any petition may be reviewed by the district court for the county in which the municipality or portion of the municipality is located upon application of either the officer sought to be recalled or the officer's representative or a majority of the committee, and the review shall be had and determined forthwith. The clerk's written determination is not subject to review unless a protest is filed and determined by a hearing officer in accordance with this section. The sufficiency or the determination of the sufficiency of the petition referred to in this section shall not be held or construed to refer to the grounds assigned in such petition for the recall of the incumbent sought to be recalled from the office by the petition. (4) When a recall petition is determined sufficient and any review pursuant to subsection (3)(d) of this section is concluded, the municipal clerk shall submit the petition, together with a certificate of its sufficiency, to the governing body of the municipality at the first meeting of the governing body following expiration of the period within which a protest may be filed, at the first meeting of the governing body following the determination of a hearing officer that a petition is sufficient, or at the first meeting of the governing body following the conclusion of any review pursuant to subsection (3)(d) of this section, whichever is later. The governing body shall thereupon order and fix a date for the recall election to be held not less than thirty days nor more than ninety days from the date of submission of the petition to the governing body by the municipal clerk and determine whether voting in the recall election is to take place at the polling place or by mail ballot; but, if a regular election is to be held within one hundred eighty days after the date of submission of said petition, the recall election shall be held as a part of the regular election. (4.5) A recall election pursuant to this part 5 may only be conducted as part of a coordinated election if the content of the recall election ballot is finally determined by the date for certification of the ballot content for the coordinated election to the county clerk pursuant to section 1-5-203 (3), C.R.S. (5) Any person who willfully destroys, defaces, mutilates, or suppresses any recall petition or who willfully neglects to file or delays the delivery of the recall petition or who conceals or removes any recall petition from the possession of the person authorized by law to have the custody thereof, or who aids, counsels, procures, or assists any person in doing any of said acts commits a class 2 misdemeanor.

C.R.S. § 31-4-504 Resignation - vacancy filled - election - ballot - nomination

31-4-504. Resignation - vacancy filled - election - ballot - nomination. (1) If any officer resigns by submitting a written letter of resignation to the clerk at any time prior to the recall election, all recall proceedings shall be terminated, and the vacancy caused by such resignation shall be filled as provided by law. If the resignation occurs after the ballots have been prepared or at a time when it would otherwise be impracticable to remove the recall question from the ballot, no votes cast on the recall question shall be counted. (2) At least ten days before the recall election, the clerk shall give notice of the election in accordance with section 31-10-501. Except as otherwise provided in this part 5, the recall election shall be conducted and returned and the result of such election declared in all respects as in the case of regular elections. (3) (a) On the official ballot at such elections shall be printed, in not more than two hundred words, the reasons set forth in the petition for demanding his recall, and, in not more than three hundred words, there shall also be printed, if desired by him, the officer's justification of his course in office. Any such reasons or justification shall be submitted to the municipal clerk by the date on which a nominating petition must be filed pursuant to subsection (4) of this section. If such officer resigns at any time subsequent to the calling of the recall election, the recall election shall be held, notwithstanding such resignation. (b) The official ballot must include, as to every officer whose recall is to be voted on, the words, "Shall (name of person against whom recall petition is filed) be recalled from the office of (title of office)?". The words "yes" and "no" must follow each question on separate lines with a blank space at the right of each in which the voter shall indicate the voter's vote for or against the recall. (c) (I) On ballots following all questions of recall for a particular office, there must be printed the names of those persons who have been nominated as candidates for the office from which a person is sought to be recalled. The names must be printed in the same manner as candidates for the office would be printed on the ballot at a regular election. The name of the person against whom a petition is filed shall not appear on the ballot as a candidate for the office. (II) The ballots must be printed to give each voter a clear opportunity to indicate the voter's choice of candidates for the office. The ballot may include any other words that will aid the voter. (4) (a) Candidates for the office at a recall election may be nominated by petition as provided in section 31-10-302; except that nominating petitions may be circulated beginning on the first business day after the governing body sets the date for the recall election and shall be filed no later than twenty days after the date the recall election is set. (b) (Deleted by amendment, L. 2023.) (5) (a) Applications for absentee ballots shall be made available by the municipal clerk no later than twenty-four hours after the governing body fixes the date for the holding of the recall election through the close of business on the fifth day before the recall election. nd shall be filed no later than twenty days after the date the recall election is set. (b) (Deleted by amendment, L. 2023.) (5) (a) Applications for absentee ballots shall be made available by the municipal clerk no later than twenty-four hours after the governing body fixes the date for the holding of the recall election through the close of business on the fifth day before the recall election. (b) and (c) Repealed. (6) If a majority of those voting on a question of the recall of any incumbent from office vote "no", the incumbent continues in the office. If the incumbent continues in office, the votes for the incumbent's successor shall not be recorded and any counts or unofficial results of the votes shall not be publicly disclosed. If a majority vote "yes", the incumbent shall be removed from such office upon compliance with section 31-4-401 by the incumbent's successor or upon the office being deemed vacant pursuant to subsection (7)(c) of this section. (7) (a) If the vote in a recall election recalls the officer, the candidate who has received the highest number of votes for the office thereby vacated is elected for the remainder of the term, and a certificate of election shall be forthwith issued to the candidate by the canvassing board. (b) If a recall election recalls more than one officer from an office to which more than one person may be elected, candidates equal in number to the number of persons recalled from office who received the highest number of votes for the office are elected for the remainder of the term of each of the offices vacated. The candidate receiving the highest number of votes is elected for the longest remaining term. (c) If a person elected to an office vacated pursuant to this section fails to comply with section 31-4-401 within fifteen days after the issuance of a certificate of election, or if an office vacated pursuant to this section and no person sought election, the office is deemed vacant and shall be filled according to law. (8) Mandatory or optional recounts of ballots cast in a recall election shall be conducted in accordance with section 31-10-1207.

C.R.S. § 31-4-504.5 Incumbent not recalled - reimbursement

31-4-504.5. Incumbent not recalled - reimbursement. (1) If at any recall election the incumbent whose recall is sought is not recalled, or in the event of a protest, the hearing officer determines that the petitions are not sufficient based upon the conduct on the part of petition circulators, the municipality may repay the incumbent for any money actually expended as expenses of such election when such expenses are authorized by this section. (2) (a) Authorized expenses shall include, but are not limited to, moneys spent in challenging the sufficiency of the recall petition and in presenting to the voters the official position of the incumbent, to include campaign literature and advertising and the maintaining of a campaign headquarters. (b) Unauthorized expenses shall include, but are not limited to, moneys spent on challenges and court actions not pertaining to the sufficiency of the recall petition; personal expenses for meals, lodging, and mileage for the incumbent; costs of maintaining a campaign staff; reimbursement for expenses incurred by a campaign committee which has solicited contributions; reimbursement of any kind for employees in the incumbent's office; and all expenses incurred prior to the filing of the recall petition. (3) The incumbent shall file a complete and detailed request for reimbursement with the governing body of the municipality holding the recall election or protest hearing, which shall then review the reimbursement request for appropriateness under subsection (2) of this section, and, in the event the municipality has determined by ordinance to repay such expenses, such municipality shall repay such expenses within forty-five days of receipt of the request. (4) (Deleted by amendment, L. 91, p. 754, § 22, effective April 4, 1991.)

C.R.S. § 31-4-505 Recall after six months - second petition

31-4-505. Recall after six months - second petition. (1) A recall petition shall not be circulated or filed and no pending recall proceedings may be continued against any officer until the officer has actually held the office for at least six months following the officer's election or reelection, or six months following the assumption of office by an appointed official. (2) After one recall petition and election, no further petition shall be filed against the same officer during the term for which he or she was elected or appointed unless the petitioners signing said petition equal fifty percent of all ballots cast for that office at the last preceding regular election. (3) A recall petition may not be circulated or filed against an elected officer whose office is up for election within six months.

C.R.S. § 31-4-506 Disclosure of contributions, contributions in kind, and expenditures

31-4-506. Disclosure of contributions, contributions in kind, and expenditures. (Repealed)

C.R.S. § 31-4-507 Powers of clerk and deputy

31-4-507. Powers of clerk and deputy. (1) Except as otherwise provided in this article, the clerk shall render all interpretations and shall make all initial decisions as to controversies or other matters arising in the operation of this article. (2) All powers and authority granted to the clerk by this article may be exercised by a deputy clerk in the absence of the clerk or in the event the clerk for any reason is unable to perform the duties of the clerk's office.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-31.docxFetched: 10/6/2026
C.R.S. tit. 31, art. 4 — Organizational Structure and Officers | Colorado Revised Statutes (2024 edition) — Colorado | Corpus