Colorado § 31-4-304 - Appointment of officers - compensation.

§ 31-4-304. Appointment of officers - compensation.

The board of trustees shall appoint a clerk, treasurer, and town attorney, or shall provide by ordinance for the election of such officers, and may appoint such other officers, including a town administrator, as it deems necessary for the good government of the corporation, and it shall prescribe by ordinance their duties when the same are not defined by law and the compensation or fees they are entitled to receive for their services. The board of trustees may require officers to take an oath or affirmation in accordance with section 24-12-101. The election of officers shall be at the regular election, and no appointment of any officer shall continue beyond thirty days after compliance with section 31-4-401 by the members of the succeeding board of trustees.

Source: L. 75: Entire title R&RE, p. 1034, § 1, effective July 1. L. 83: Entire section amended, p. 1258, § 12, effective July 1. L. 91: Entire section amended, p. 745, § 14, effective April 4. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 698, § 29, effective August 8; entire section amended, (HB 18-1140), ch. 41, p. 464, § 7, effective August 8.

Editor's note: (1) This section is similar to former § 31-3-304 as it existed prior to 1975.

(2) Amendments to this section by HB 18-1138 and HB 18-1140 were harmonized.

Cross references: (1) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.

(2) For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018.

ANNOTATION

Law reviews. For note, "Rights of a Holdover Trustee Under Colorado Law of 1929", see 2 Rocky Mt. L. Rev. 254 (1930).

Annotator's note. Since § 31-4-304 is similar to former § 31-3-304 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, a relevant case construing a prior provision has been included in the annotations to this section.

Duties of town attorney left to board. There is no statute defining the duties of town attorneys of incorporated towns, but under the provisions of this section, it is left to the board of trustees of such a municipality to fix and determine the character of services to be rendered and compensation to be paid to its attorneys. Kinzie v. Haxtun, 97 Colo. 456, 50 P.2d 545 (1935).

Decisions by town attorney and manager are discretionary as a matter of law and entitled to official immunity if such decisions are of a judgmental, planning, or policy nature and the officials are acting in their official capacities and not outside the scope of their offices. Troxel v. Town of Basalt, 682 P.2d 501 (Colo. App. 1984).