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DUKE W. DUNBAR
ATTORNEY GENERAL
DEPARTMENT OF LAW
OFFICE OF THE ATTORNEY GENERAL
DENVER, COLORADO 80203
July 29, 1965
Mrs, Marjorie Page, Secretary -Treasurer
Colorado State Association of County Clerks
Arapahoe County Courthouse
Littleton, Colorado
FRANK E. HICKEY
DEPUTY ATTORNEY GE AL
RE: Resolutions of County Commissioners
passed at special meetings,
Dear Mrs, Page:
This is in answwr to your inquiry of July 28, 1965, wherein
you requested the opinion of this office on the following:
FACTS: On many occasions , meetings of boards of county
commissioners are held without notice to the county clerk, and
therefore the county clerk or his deputy are not in attendance
at such meetings. At such meetings, resolutions may be passed
by the boards, and on occasion, a board may rescind a resolution
passed by a former board of county commissioners.
QUESTIONS: 1, Can a subsequent board of county commi_z_cners
review, reverse, or modify discretionary actions of a previou's
board at any such meeting?
2. Are the resolutions passed by a board of county
a meeting for which no notice has been given the count_ clerk
his deputy legally effective?
3. Is the county clerk umder a legal duty to record
resolutions in the minubs of the board of county commissi,c..c_a?
ANSWERS: 1, Yes, prospectively, but not retroactively,
at
or
2, The resolutions are of questionable legal effect,
3,. The question is answered in the negative.
ANALYSIS: An annotation to section 36-1-3, C,R.S. 1963,
states that a subsequent board of county commissioners may; ..c;
4.i = CCC �-
6 5 C:7/
review the discretionary acts of a former board, Garfield Ccv.
Leonard, 3 C.A. 576. While this is a valid rule of law, it c2plies
to attempted retroactive reviews, modifications, or
rv. reversals. and
does not prevent prospective modifications.
Boulder Co., 50 Colo. 610 (1911).
acing a body politic and corporate, the board of county
commissioners must act as a body and not as individuals, and
certain formalities, required by law, must be observed by the
board. It has been held by the Colorado Supreme Court that a
special meeting of the board of county commissioners cannot be
legally held without due notice to every member of the board.
Packard v. Jefferson Co., 2 Colo. 338. It would be reasonable
to assume that the county clerk, acting as the constitutional
clerk of the board of county commissioners. would send out the
notices in most if not all instances, but there is not a require-
ment by law to this effect. Nevertheless,
idoing
tththe
clerk
would have notice of the called meeting. Included in
statutory duties of the county clerk is the duty to attend "the
sessions of the board of county commissi6ners either in person
or by deputy". it would seem that the intent of the legislature
in so providing and in implementing Section 8 of Article XIV of
the state Constitution (which specifies that the county clerk
shall be ex officab clerk of the board of county commissioners)
would be to require that the county clerk be given notice of such
meetings in order to attend or have a deputy attend and carry
out statutory duties of recording all proceedings of the commis-
sioners. See: Section 35-3-19, C.R.S. 1963; Stafford v. State,
18 Pac. 889.
In addition there is authorSty to require that the records
of the county clerk speak the truth. Jackson Park Hospital v.
Courtney, 4 N.E. 2d 864. If the county clerk or his deputy can
not attend meetings of the board of county commissioners, he would
not be able to attest to or certify to the accuracy of the
minutes of the meeting and enter the same in the permanent minutes
of the board of county commissioners. Where the duties of the
county clerk are statutory, he must comply therewith, notwith-
standing a contrary order of the board of county commissioners.
SEE: 46 Pac. 1109; 360 S.W. 2d 486.
Meetings of boards of county commissioners where no notice
has been given is contrary to public policy. The public at
large, as well as the members of the board, should have notice
of the time and nature of the business to be transacted. See:
Packard v. Jefferson Co., 2 Colo. 388, at 346. Further, any
meeting of the board of county commissioners is required by law
to be -a public meeting, 6pen to the public at all times where
resolutions are adopted or policy decisions are made. Any action
to the contrary shall be null and void. See: 3-19-1, C.R.S. 1963.
Very truly yours,
�r /d
James C. Wilson, Jr.
AssistantAttorney General
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