Colorado § 25-1-511 - County treasurer - agency funds.

§ 25-1-511. County treasurer - agency funds.

(1) (a) In the case of a county public health agency, the county treasurer, as a part of his or her official duties as county treasurer, shall serve as treasurer of the agency, and the treasurer's official bond as county treasurer shall extend to and cover his or her duties as treasurer of the agency. In the case of a district public health agency, the county treasurer of the county in the district having the largest population as determined by the most recent federal census, as a part of his or her official duties as county treasurer, shall serve as treasurer of the district agency, and the treasurer's official bond as county treasurer shall extend to and cover his or her duties as treasurer of the district agency.

(b) Notwithstanding paragraph (a) of this subsection (1), in a district where the combined population of the counties is four thousand or fewer, the boards of the county commissioners of the counties may, by consent of all counties in the district, select the county whose treasurer shall serve as treasurer of the district.

(2) The treasurer of an agency, upon organization of the agency, shall create a county or district public health agency fund, to which shall be credited:

(a) Any moneys appropriated from a county general fund; and

(b) Any moneys received from state or federal appropriations or any other gifts, grants, donations, or fees for local public health purposes.

(3) Any moneys credited to a fund created pursuant to subsection (2) of this section shall be expended only for the purposes of this part 5, and claims or demands against the fund shall be allowed only if certified by the public health director and the president of the county or district board or any other member of the county or district board designated by the president for such purpose.

(4) On or before September 1, 2008, and on or before September 1 of each year thereafter, a county board of health shall estimate the total cost of maintaining the county public health agency for the ensuing fiscal year, and the amount of moneys that may be available from unexpended surpluses or from state or federal funds or other grants or donations. On or before September 1 of each year, the estimates shall be submitted in the form of a budget to the board of county commissioners. The board of county commissioners is authorized to provide any moneys necessary, over estimated moneys from surpluses, grants, and donations, to cover the total cost of maintaining the agency for the ensuing fiscal year by an appropriation from the county general fund.

(5) (a) On or before September 1, 2008, and on or before September 1 of each year thereafter, a district board of health shall estimate the total cost of maintaining the district public health agency for the ensuing fiscal year, and the amount of moneys that may be available from unexpended surpluses or from state or federal funds or other grants or donations. On or before September 1 of each year, the estimates shall be submitted in the form of a budget to a committee composed of the chairs of the boards of county commissioners of all counties comprising the district. The cost for maintaining the agency, over estimated moneys from surpluses, grants, or donations, shall be apportioned by the committee among the counties comprising the district in the proportion that the population of each county in the district bears to the total population of all counties in the district, population figures to be based on the most recent federal census. The boards of county commissioners of the respective counties are authorized to provide any moneys necessary to cover the proportionate shares of their counties by an appropriation from the county general fund.

(b) Notwithstanding paragraph (a) of this subsection (5), in a district where the combined population of the counties is four thousand or fewer, the boards of the county commissioners of the counties may apportion the costs for each county maintaining the agency by consent of all the counties in the district.

Source: L. 2008: Entire part R&RE, p. 2044, § 1, effective July 1. L. 2016: (1) and (5) amended, (SB 16-094), ch. 67, p. 171, § 1, effective August 10.

Editor's note: This section is similar to former §§ 25-1-505 (2) and 25-1-509 as they existed prior to 2008.

ANNOTATION

Annotator's note. Since § 25-1-511 is similar to §§ 25-1-505 as it existed prior to the 2008 repeal and reenactment of this part 5, a relevant case construing that provision has been included in the annotations to this section.

County personnel rules do not override statutory authority. County personnel rules, even though adopted by the county board of health, do not override the explicit statutory authority of the board to discharge a public health officer appointed by the board at any time without cause or formal procedure. Johnson v. Jefferson County Bd. of Health, 662 P.2d 463 (Colo. 1983).

A county board of health, as a political subdivision of the state, may not by rule or regulation abdicate the authority and responsibility delegated to it by the general assembly. Johnson v. Jefferson County Bd. of Health, 662 P.2d 463 (Colo. 1983).

Board may not discharge employee in retaliation for exercise of free speech rights. Even though a public health officer is subject to discharge at the pleasure of the board, this does not mean that the board's discretion is limitless. It is well established that even where a government employer may discharge an employee for no reason whatsoever, it nevertheless may not discharge that employee in retaliation for the exercise of his free speech rights. Johnson v. Jefferson County Bd. of Health, 662 P.2d 463 (Colo. 1983).

Resignation prompted by threat of dismissal is equivalent of refusal to rehire. A resignation precipitated by the threat of dismissal is the substantive equivalent of a refusal to rehire by the board. Johnson v. Jefferson County Bd. of Health, 662 P.2d 463 (Colo. 1983).