HomeMy WebLinkAbout690359.tiffHAROLD W. ANDERSON. CHAIRMAN
JOHNSTOWN
EDWARD L. DUNBAR, CHAIRMAN PRO.TEM
1229 29RD AVENUE CT., GREELEY
MARSHALL H. ANDERSON. MEMBER
2412 8TH AVENUE, GREELEY
SAMUEL S. TELEP
COUNTY ATTORNEY
ANN SPOMER. COUNTY CLERK
AND CLERK OF BOARD
PHONE 353-2212 EXT. 21
O,IJ Nv _
L:ORA'DO
OFFICE OF THE BOARD OF COUNTY COMMISSIONERS
Board of County Commissioners
Weld County Court House
Greeley, Colorado 80631
Gentlemen:
G1:2 EE uEv. C01-0
February 20, 1969
Your question, "Can the County legally provide and pay for living
quarters for the Sheriff other than at the County Jail?"
The answer is, No.
My opinion is based on the case of Richart vs. Boulder County (1934)
95 Colo. 153, wherein the Colorado Supreme Court ruled that a County
Sheriff is entitled to living quarters in a jail. The Court went on further
to say that while it was not compulsory for a Sheriff to have living quarters
in the jail, it was customary to do so in Colorado and not mandatory as is
the case in the State of Kansas. The Court went on still further and quoted
in part from '63 C. R. S. , 105-7-2 which reads, ".... The expenses of keep-
ing the jail in good order and repair, of lighting and warming that part
thereof wherein the prisoners are confined, and the office in the jail, shall
be paid by the County wherein the jail is situated. Nothing in this section
shall authorize the lighting or warming that part of the jail occupied by the
keeper thereof as his dwelling house."
In view of the above, it follows that if the County is not authorized to
light or heat the Sheriff's living quarters at the jail, then it certainly could
not be authorized to provide living quarters for the Sheriff anywhere else.
It is my opinion therefore, that the County, even though it wanted to,
could not legally authorize the expenditure of public funds to provide and
pay for living quarters for the Sheriff other than those living quarters
presently occupied by him at the jail.
I trust that I have fully answered your inquiry.
SST:nrr
Sincerely, - C
;y
SAMUEL S. TELEP
Weld County Attorney
690359
Vie- 2 6. /
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