HomeMy WebLinkAbout580152.tiff DEPUTIES
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KARL H. AHLBORN, owns: / :
RALPH E. WALDO, JR., mums: M. E. H. SMITH
HORACE B. HOLMES, somDNN DISTRICT ATTORNEY
JOSEPH J. DOLAN. MOULDNN NIGHTS JUDICIAL DISTRICT OP COLORADO
HAROLD E. HATER, roNr ooLLIRR 905 TENTH AVENUE
JOHN A. PRICE. WALDSIP GREELEY. COLORADO
INVESTIGATOR January 9, 1958
GEO. P. JOHNSON
Board of County Commissioners
Weld County
Greeley, Colorado
Gentlemen:
I have your letter of January 7, 1958 requesting my opinion
concerning the records of the office of the County Commissioners of
Weld County, Colorado, and their use by the Inventory Clerk.
Specifically you have asked:
1. Is it necessary for all clerks handling such records to
be bonded and deputized?
2. Is it legal to allow removal of such vouchers from the
office of the County Commissioners by the Inventory Clerk?
3. Is it legal to allow the Inventory Clerk to take such
vouchers to his office to fulfill his duties?
14. When should vouchers removed from the office be receipted
therefor?
It is my opinion in answering question No. 1 that any clerk who is
an employee of the Board of County Commissioners need not be bonded or
deputized, as they are the agent of the Board and the Board is responsible
for them. Any handling of the records by such clerk or agent is the
handling by the Board with their authority.
As to question No. 2, it is legal to allow the removal of such.
vouchers from their usual filed area of the County Commissioners office
by the Inventory Clerk and to take such vouchers to his assigned area
in the building for the purpose of fulfilling his duties.
Our Statutes provide that the records of the County Commissioners
shall be kept by the County Clerk and Recorder but under the direction
of said Board of County Commissioners. Sec. 35-1!-5 Colorado Revised
Statutes, 1953:
"The County Clerk shall keep his office at the County
seat. Be shall attend the sessions of the board of
county commissioners either in person or by deputy;
keep the county seal, records and papers of the said
board of county commissioners, and keep a record of
the proceedings of the said board in a book, as re-
quired by law, under the direction of the said board DP((-(-1
of county commis is oners." Italics mine. �-�
Board of County Commissioners
January 9, 1958
Page 2
It is to be noted that this section states "under the direction"
of said board, and as the Inventory Clerk is an employee of said board,
any handling of the records and possession thereof is still under the
direction and control of the Board of County Commissioners as he is
their employee. He need not be bonded or deputized as a deputy county
clerk as the Board has authority to handle its own records.
Under this same section of the Statutes the Board of County
Commissioners may allow any records or vouchers to be removed from
one part of the office to another by the Inventory Clerk either under
a specific order or blanket order as it would still be under their
direction and within their control. The taking of said vouchers to
his working space within the same building is still part of the office
of the County Commissioners and therefore, question No. 3 is answered
in the affirmative.
A further general legal principal is involved that any person
who is given authority by law to perform any governmental function,
such as the Inventory Clerk, who is provided for by Statute, would
impliedly be given the power to have reasonable access to any records
that are necessary for his work in order that he may competently
perform his job. The law is stated in 45 American Jurisprudence, 428:
"Any person who by law is given authority to perform certain
work on public records is entitled to access thereto. . ."
With regard to question No. 4 as to when vouchers should be
receipted for, it is my opinion that they only need be receipted for
when removed from the office. The office of the county commissioners
extends to any of the rooms used by them_or their employees that are
within the Court House and not assigned to another legally constituted
office. If the commissioners office should be extended to be on
different floors of the Court House or different parts thereof including
space for an Inventory Clerk, as long as it is in the same office
building, I would not believe there need be any receipt used.
In the event that said records are to be removed from the building,
by properly authorized personnel, then a receipt should be placed in
the files so that their location can be determined promptly and quickly
in the event the record is needed.
I can see no liability of any kind on behalf of the County Clerk
and Recorder in the handling of any records concerning the Board of
County Commissioners by the Inventory Clerks as outlined above.
Very truly yours,
;‘"< PI/VCCiiilt
MEHS/g M. E. H. Smith
c.c.
• I.M��� .1`i� . L� �AO:. . 4
Opinion of District Attorney concerning
records of the Office of the County
• •ommissioners of rleld County,Colorado,
3rd their use by the Inventory Clerk.
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