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COLORADO STATE ASSOCIMTION
OF
COUNTY COMMISSIONERS "
OFFICERS AND DENVER HEADQUARTERS
EXECUTIVE COMMITTEE 622 MAJESTIC BUILDING
Vernon C.McCallister, President DENVER 2, COLORADO
Del Norte, Rio Grande County
PHONE ICE 4-6326
Steve Christensen, First Vice President
Brush, Morgan County J. FRED SCHNEIDER,
Hugh Caldwell, Second Vice President GENERAL COUNSEL AND
Meeker. Rio Blanco County SECRETARY-TREASURER
Al Miller,Third Vice President
La Junta. Otero County
Harry A.Nottin9ham, Fourth Vice President
Avon, Eagle [:runty March 14, 1958
J. Fred Schneider, General Counsel S Secretary
Treasurer,Denver, Denver County
William Finnegan, Past President
Placerville, San Miguel County
Mr. Robert Warren,
County Commissioner,
Weld County,
Greeley, Colorado.
Dear Mr. Warren:
Reference is made to the conversation we had during the County Commissioner
recent convention and a photostatic copy of a letter dated December 10,
1957, which you have submitted to me which letter is over the signature
of John F. Healy, Deputy Director of Revenue for the State of Colorado.
I quote the letter in full:
"Mrs . Ann Spomer
County Clerk and Recorder
Court House
Weld County
Greeley, Colorado.
Dear Mrs . Spomer:
"This is to confirm the previous authorization given to you
by the head of the Motor Vehicle Department that the 1957
Oldsmobile which is currently owned by you may be used by
you in the discharge of your duties as agent of the Motor
Vehicle Department for the licensing, titling and registra-
tion of motor vehicles and motor vehicle operators.
"This authorization includes the authority to reimburse you
for the cost and expense of maintaining full insurance pro-
tection on the aforesaid vehicle.
Very truly yours,
(Sig. ) John F. Healy
Deputy Director"
The question you asked me was whether or not the payment of the insurance
premiums on Mrs . Spomer' s personal automobile was a legitimate charge
against the county. The answer is "no" unless it can be read into the
law governing the administration of the Motor Vehicle Laws .
3-14-58
Mr. Robert Warren
#2
Section 36-2-6 provides, among other things:
"The board of county commissioners is authorized to ap-
propriate money from the county general fund for all ordinary
county expenses, including the administrative expenses of
elective and appointive officers * * *."
Section 56-2-10 C.R.S.provides
"The county clerks * * * may appoint such deputies , assiatants
and employees as shall be necessary at such compensation as
fixed by said officer with the approval of the boards of
county commissioners ."
There are certain county officers who, by statute , are allowed mileage,
such as the superintendent of schools, the sheriff, under-sheriff,
deputies , constable and coroner when he is acting as sheriff, and the
county commissioners are allowed mileage not to exceed 8c a mile .
Then 56-4-21 C.R.S. provided:
"In no event shall any state, county or precinct officer be
allowed mileage fees in excess of 80 per mile for each mile
actually and necessarily traveled on official business ."
Under the Motor Vehicle Laws, the Director of Revenue, Sec . 13-2-1,
is empowered to administer the Motor Vehicle Laws as set out in Chapt.
13, C.R.S. 1953, and by Sec . 13-2-4, C.R.S . "The Director of Revenue
shall have power to make uniform rules and regulations not inconsistent
with Articles 1 to 5 to enforce the same."
Under Sec . 13-2-11, as amended, the county clerks are designated as
agents of the Department of Revenue for administration and, quoting
from said Sec . 11:
"* * County clerks and recorders so designated as the
authorized agents of the Director of Revenue shall serve
as such authorized agents without additional remuneration
or fees except as otherwise provided herein."
And, by Sec . 13-2-13:
•
Arl4Raert Warren
#3
"County clerks * * * shall deposit weekly all moneys
received in the administration of any motor vehicle license
law with the county treasurer * * *."
Therefore, there is no authority either in the general statutes covering
counties nor is there a provision in the Motor Vehicle Law authorizing
the payment of an insurance premium to a county official merely because
he may use that automobile on county business .
A copy of this opinion is being forwarded to your County Attorney with
whom I understand this matter has been discussed.
Re ct€ully mit
JFS/b J. Fred Schneider
Secy.-Treas . & General Counsel
cc : Mr. Robert G. Smith, County Attorney, Weld County,
Coronado Bldg. , Greeley, Colorado.
Hon. Duke Dunbar, Attorney General, Capitol Building,
Denver 2, Colorado.
Colorado Information, 100 W. 13th Ave . , Denver 4, Colorado.
Bureau of State & Community Service, University of
Colorado, Boulder, Colorado
Members of the Executive Committee .
File ; . . .No.. .i.
THERE IC PC--AltT110RI:i Ei fi' ?W-THE
GENE,W4 STATU₹€S COVERING-COUNTIES
NO}1 i.. -ii 2,..ltL -
MOIGR VEHIOLEA:AW ATTHORIZING THE PAYMENT
OF AN INSURANCE PREMIUM TO A COUNTY
OFFICIAL MERELY BECAUSE HE MAY USE
THAT AUTOMOBILE ON COUNTY BUSINESS. •
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