Colorado § 28-3-105 - Adjutant general - assistants.

§ 28-3-105. Adjutant general - assistants.

(1) There is an adjutant general of the state who is appointed by the governor, with the advice and consent of the senate, who must be a staff officer, who at the time of appointment must be a commissioned officer of the National Guard of this state with not fewer than ten years' military service in the armed forces of this state or of the United States, at least five of which have been commissioned service in the Colorado National Guard, and who has attained the grade of lieutenant colonel or a higher grade with federal recognition in such grade at least one year prior to the individual's appointment as adjutant general. The adjutant general serves at the pleasure of the governor. The adjutant general is a type 2 entity, as defined in section 24-1-105.

(2) The adjutant general shall be appointed to the rank of brigadier general or to such higher grade or rank as he or she may be federally recognized in.

(3) The adjutant general shall receive as compensation such salary as the governor by order may prescribe, but such salary shall not exceed the pay and allowances as provided by law for an officer of similar rank and length of service in the regular Army or regular Air Force of the United States.

(4) The adjutant general may appoint an assistant adjutant general for Army, an assistant adjutant general for air, and an assistant adjutant general for space. The adjutant general may appoint other assistant adjutant generals that may be authorized by the federal National Guard bureau or as authorized by the governor. In addition, the adjutant general may appoint any necessary administrative and clerical assistants.

(5) No adverse personnel action shall be taken against an officer or enlisted member of the military forces as a consequence of communicating with any member of the general assembly.

Source: L. 55: p. 609, § 5. CRS 53: § 94-9-5. C.R.S. 1963: § 94-1-5. L. 69: p. 868, § 2. L. 71: p. 1045, § 2. L. 95: (1) amended and (5) added, p. 319, § 2, effective April 21. L. 2002: (1), (2), and (4) amended, p. 594, § 28, effective May 24. L. 2003: (4) amended, p. 1907, § 1, effective August 6. L. 2022: (1) amended, (SB 22-162), ch. 469, p. 3417, § 186, effective August 10.

Cross references: For the short title (the "Debbie Haskins 'Administrative Organization Act of 1968' Modernization Act") in SB 22-162, see section 1 of chapter 469, Session Laws of Colorado 2022.

ANNOTATION

General assembly may fix qualifications and tenure. The general assembly has plenary power, and there are no constitutional prohibitions which prevent it fixing the qualifications and tenure of the adjutant general. People ex rel. Boatright v. Newlon, 77 Colo. 516, 238 P. 44 (1925).

Appointment of adjutant general is itself an assignment to duty, and thereafter, the appointee is "on duty by order of the governor". MacGinnis v. Newlon, 82 Colo. 228, 257 P. 1085 (1927).