HomeMy WebLinkAbout710540.tiff WELD COUNTY OFFICE OF COUNTY ATTORNEY
COMMISSIONERS SAM S. TELEP
MARSHALL H. ANDERSON COUNTY ATTORNEY
HARRY S. ASHLEY FIRST NATIONAL BANK
0% ' GLENN K. BILLINGS BUILDING
r PHONE (909) 952-1969
COLORADO GREELEY, 80631
October 19, 1971
Board of County Commissioners
Weld County Courthouse
Greeley, Colorado 80631
Gentlemen:
QUESTION
May the Board of County Commissioners legally pay cash to County
employees for overtime ?
ANSWER
NO:
My opinion is based upon interpretation of the pertinent Colorado State
statutes as follows:
(1) CRS '63, 80-14-4,provides, "In all work undertaken in behalf of the
State or any County . . . , it shall be unlawful for any Board, Officer,
Agent . . . thereof to employ any . . . laborer in the prosecution of any
such work for more than eight hours a day. ", and
(2) CRS '63, 80-14-5, provides, "Nothing in Section 80-14-4 shall be
construed so as to prevent work in excess of eight hours a day in
emergency cases. Hours in excess of eight a day shall be treated as
constituting part of a subsequent day's work. ", and
(3) CRS '63, 35-1-9, provides, "All County offices, except the County
Superintendent of Schools, County Assessor and County Surveyor, shall
be kept open at least eight hours every working day, provided that in the
discretion of the Board of County Commissioners, any or all County offices
may be closed on Saturday, upon a finding by the Board of County
Commissioners that such closing would not work any hardship upon the
general public. All Clerks of Court and Sheriffs shall be subject, at all
times, to the command of the people, and each thereof shall at all hours,
night and day, be prepared to attend such duties as may reasonably be
required of them. "
710540
Board of County Commissioners
October 19, 1971
Page - 2 -
In view of the above, it is my opinion that the Board of County Commissioners
cannot legally pay cash overtime to County employees, and if there is a
need or in case of an emergency for County employees to work more than
eight hours per day, then such overtime, if any, may be granted but must
be treated as part of a subsequent day's work; consequently, no cash
remuneration may be made to such employee or employees for overtime
actually worked.
I trust that I have satisfactorily answered your inquiry.
Respectfully submitted,
Samuel S. Telep
County Attorney
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