HomeMy WebLinkAbout751133.tiff WEST 8C WINTERS
cAltavteys at Law
WILLIAM L. WEST P. O. BOX 127
JERRY D. WINTERS UNITED BANK BUILDING
GREGG A. PARISH
1000 TENTH STREET
GREELEY. CGLo„AIJO 80631
PHONE 303 . 352-4805
March 31 , 1975
TO : Charter Commission
FROM: Wm . L. West
SUBJECT: Recall and suspension of elected offials .
This opinion is divided into two parts : First , that part
dealing with suspension of an officer pending a recall election and ,
secondly , suspension of an officer pending prosecution for an
alleged crime .
The constitutional provision relating to home rule specifically
provides the charter must provide for recall . The details are not
spelled out . Article XXI of the State constitution deals with re-
call and provides that recall of county officials shall be accord-
ing to law . The Charter , if adopted , would , for these purposes ,
be considered "law" . There is initially some "gut reaction" that
an elected official , elected for specific term , should not be re-
moved from office by recall , until the voters vote him out of
office . This reaction comes from the fact that no specific reason
for recall need be given , and a recall petition may be motivated
for numerous reasons , unrelated to the competency of the particular
official , and may be politically or personally motivated . However ,
Article XXI , Section 4 of the Constitution does provide that , with
regard to the Governor and Secretary of State , other officers
shall take over their duties and functions pending recall . While
this is not conclusive as to county officers , it would be my opinion ,
that in view of the fact that Article XXI , Section 4 provides that
county recall shall be according to law and that Article XIV, Sec-
tion 16 provides that the Home Rule Charter shall provide for re-
call , that the Charter may set up the procedures for recall and
may , if it desires , provide for suspension of officers pending the
recall election . The power of suspension might be automatic upon
the filing of an appropriate petition or discretionary with the
council .
A second situation arises where an official is formally charged
or indicted for a criminal offence . Present statutes provide that
such an officer shall not be suspended until after conviction in
the trial court . He is then automatically suspended pending appeal
and until final disposition of his case .
75 //33
Page Two
March 31 , 1975
Re : Recall and suspension of elected officials .
It would be my opinion that if an elected official were for-
merly charged or indicted with a crime , that the Charter could
provide that he be suspended automatically or that suspension be
in the discretion of the council .
In the event that suspension under either recall or prosecu-
tion for crime is provided, then provisions should be made for
appointment of someone to perform the duties of the suspended
office until a vacancy occurs , or the officer is cleared by the
voters or the courts .
Respectfully submitted ,
Wm . L . West
WLW : gw
WEST & WINTERS nn Lam
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WILLIAM L. WEST P. O. BOX 127
JERRY D. WINTERS UNITED BANK BUILDING
GREGG A. PARISH
1OOO TENTH STREET
G REELEY. COLORADO 80631
PHONE 303 . 352-4805
March 31 , 1975
TO : Charter Commission
FROM: Wm . L . West
SUBJECT : Authority of the Councy Counsel to fill vacancies .
Article XIV , Section 9 of the Colorado Constitution provides
that vacancies in the office of county commissioner shall be filled
by the governor and that vacancies in other elective offices shall
be filled by the county commissioners . This section is specifically
referred to in the constitutional provision relating to county home
rule , which states that such section , among others , shall apply only
to the extent as may be provided in the charter .
There are statutes which, in effect , carry out the constitutional
provision of Article XIV , Section 9 .
It is my opinion that the Home Rule Charter may provide a
method for filling vacancies in elective county offices and that
this method does not have to correspond to the constitutional or
statutory provisions now in effect .
Respectfully submitted ,
ll �
W m. L . West
WLW : gw
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