Colorado § 30-2-102 - Categorization of counties for fixing salaries of county officers - salary amounts - legislative declaration.

§ 30-2-102. Categorization of counties for fixing salaries of county officers - salary amounts - legislative declaration.

(1) For the purpose of establishing the salaries of county officers whose terms of office begin prior to January 1, 2016:

(a) Category I counties shall consist of the counties of Adams, Arapahoe, Boulder, Douglas, El Paso, Jefferson, Larimer, Pueblo, and Weld;

(b) Category II counties shall consist of the counties of Eagle, Fremont, Garfield, La Plata, Mesa, Pitkin, Routt, and Summit;

(c) Category III counties shall consist of the counties of Alamosa, Archuleta, Chaffee, Clear Creek, Delta, Gilpin, Grand, Gunnison, Las Animas, Logan, Moffat, Montezuma, Montrose, Morgan, Otero, Park, Rio Blanco, San Miguel, and Teller;

(d) Category IV counties shall consist of the counties of Custer, Elbert, Huerfano, Kit Carson, Lake, Ouray, Prowers, Rio Grande, Washington, and Yuma;

(e) Category V counties shall consist of the counties of Baca, Bent, Cheyenne, Conejos, Costilla, Crowley, Dolores, Hinsdale, Lincoln, Mineral, Phillips, Saguache, and San Juan;

(f) Category VI counties shall consist of the counties of Jackson, Kiowa, and Sedgwick.

(1.5) (a) For the purpose of establishing the salaries of county officers whose terms of office begin on or after January 1, 2016:

(I) (A) Category I-A counties consist of the counties of Adams, Arapahoe, Boulder, Douglas, Eagle, El Paso, Jefferson, Larimer, Pitkin, Pueblo, Routt, Summit, and Weld;

(B) Category I-D counties consist of the county of Mesa.

(II) (A) Category II-A counties consist of the counties of Garfield, Grand, and La Plata;

(B) Category II-B counties consist of the county of Fremont.

(C) Repealed.

(III) (A) Category III-A counties consist of the counties of Archuleta, Chaffee, Clear Creek, Delta, Elbert, Gunnison, Moffat, Montezuma, Montrose, Morgan, Ouray, Park, Rio Blanco, San Miguel, and Teller;

(B) Category III-B counties consist of the counties of Alamosa, Gilpin, and Logan;

(C) Category III-C counties consist of the counties of Las Animas, Rio Grande, and Otero.

(D) (Deleted by amendment, L. 2023.)

(IV) (A) Category IV-A counties consist of the counties of Custer, Lake, and Prowers;

(B) Category IV-B counties consist of the counties of Kit Carson and Washington;

(C) Category IV-C counties consist of the counties of Huerfano and Yuma;

(D) Repealed.

(V) (A) Category V-A counties consist of the counties of Baca, Conejos, Costilla, Hinsdale, Lincoln, Mineral, Phillips, Saguache, and San Juan;

(B) Category V-B counties consist of the county of Crowley;

(C) Category V-C counties consist of the counties of Bent and Cheyenne;

(D) Category V-D counties consist of the county of Dolores.

(VI) (A) Category VI-C counties consist of the counties of Jackson and Sedgwick;

(B) Category VI-D counties consist of the county of Kiowa.

(b) On and after January 1, 2016, the general assembly may amend the provisions of paragraph (a) of this subsection (1.5) by bill to move a county to any of the categories for which salaries are specified in subsection (2.3) of this section to another category. Such amendment shall be made only after giving due consideration to the variations among the counties including population, the number of persons residing in unincorporated areas, assessed valuation, motor vehicle registrations, building permits, military installations, and such other factors as may be relevant to reflect the variations in the workloads and responsibilities of county officers and the tax resources of the several counties.

(2) The annual salaries of county officers whose term of office begins prior to January 1, 2002, shall be as follows:

​ County

Commissioners ​

​ County

Sheriffs ​

​ County

Treasurers,

Assessors,

and Clerks

(a)

Category I

63,203

71,293

63,203

(b)

Category II

51,827

57,768

51,827

(c)

Category III

41,714

53,091

41,714

(d)

Category IV

35,394

47,782

35,394

(e)

Category V

32,613

36,405

32,613

(2.1) On and after January 1, 2002, but prior to January 1, 2007, the annual salaries of county officers whose term of office begins on or after January 1, 2002, but prior to January 1, 2007, shall be as follows:

​ County

Commiss-

ioners ​

​ County

Sheriffs ​

​ County

Treasurers,

Assessors,

and Clerks

​ County

Coroners ​

(a)

Category I

63,203

95,000

75,500

75,500

(b)

Category II

51,827

75,000

62,000

32,000

(c)

Category III

41,714

65,000

50,000

25,000

(d)

Category IV

35,394

57,000

42,500

17,000

(e)

Category V

32,613

42,000

37,500

6,500

(2.2) On and after January 1, 2007, but prior to January 1, 2016, the annual salary of a county officer whose term of office begins on or after January 1, 2007, but prior to January 1, 2016, is as follows:

​ County

Commiss-

ioners ​

​ County

Sheriffs ​

​ County

Treasurers,

Assessors,

and

Clerks

​ County

Coroners ​

​ County

Surveyors ​

(a)

Category I

87,300

111,100

87,300

87,300

5,500

(b)

Category II

72,500

87,700

72,500

44,200

4,400

(c)

Category III

58,500

76,000

58,500

33,100

3,300

(d)

Category IV

49,700

66,600

49,700

22,100

2,200

(e)

Category V

43,800

49,100

43,800

9,900

1,100

(f)

Category VI

39,700

46,500

39,700

9,000

1,000

(2.3) (a) Except as provided in subsections (2.3)(b) to (2.3)(f) of this section, on and after January 1, 2016, the annual salary of a county officer whose term of office begins on or after such date is as follows:

County

Commiss-

ioners

County

Sheriffs

County

Treasurers,

Assessors,

and Clerks

County

Coroners

County

Surveyors

Category I-A

113,490

144,430

113,490

113,490

7,150

Category I-B

104,760

133,320

104,760

104,760

6,600

Category I-C

96,030

122,210

96,030

96,030

6,050

Category I-D

87,300

111,100

87,300

87,300

5,500

Category II-A

94,250

114,010

94,250

57,460

(94,250)

5,720

Category II-B

87,000

105,240

87,000

53,040

(87,000)

5,280

Category II-C

79,750

96,470

79,750

48,620

(79,750)

4,840

Category II-D

72,500

87,700

72,500

44,200

(72,500)

4,400

Category III-A

76,050

98,800

76,050

43,030

(76,050)

4,290

Category III-B

70,200

91,200

70,200

39,720

(70,200)

3,960

Category III-C

64,350

83,600

64,350

36,410

(64,350)

3,630

Category III-D

58,500

76,000

58,500

33,100

(58,500)

3,300

Category IV-A

64,610

86,580

64,610

28,730

(64,610)

2,860

Category IV-B

59,640

79,920

59,640

26,520

(59,640)

2,640

Category IV-C

54,670

73,260

54,670

24,310

(54,670)

2,420

Category IV-D

49,700

66,600

49,700

22,100

(49,700)

2,200

Category V-A

56,940

63,830

56,940

12,870

1,430

Category V-B

52,560

58,920

52,560

11,880

1,320

Category V-C

48,180

54,010

48,180

10,890

1,210

Category V-D

43,800

49,100

43,800

9,900

1,100

Category VI-A

51,610

60,450

51,610

11,700

1,300

Category VI-B

47,640

55,800

47,640

10,800

1,200

Category VI-C

43,670

51,150

43,670

9,900

1,100

Category VI-D

39,700

46,500

39,700

9,000

1,000

(b) Prior to January 1, 2018, and prior to January 1 each two years thereafter, the director of research of the legislative council appointed pursuant to section 2-3-304 (1) shall adjust the amount of each annual salary in each category specified in subsection (2.3)(a) of this section in accordance with the percentage change over the period in the United States department of labor, bureau of labor statistics, consumer price index for Denver-Aurora-Lakewood for all items and all urban consumers, or its applicable predecessor or successor index. The director of research shall post the adjusted annual salary amounts on the website of the general assembly. The annual salary of a county officer whose term of office begins on or after the date the salaries have been adjusted pursuant to this subsection (2.3)(b) must be as adjusted by the director of research.

(c) The annual salaries of full-time coroners for category II, III, and IV counties, as displayed in bold text and within parentheses in the table in subsection (2.3)(a) of this section, apply only to coroners whose terms begin on or after January 1, 2023, and must be adjusted prior to January 1, 2024, and prior to January 1 each two years thereafter in accordance with subsection (2.3)(b) of this section.

(d) The salary of a full-time category II coroner is equal to the salary of a category II county commissioner, category II county treasurer, category II county assessor, and category II county clerk as indicated by the table in subsection (2.3)(a) of this section. The board of county commissioners may decline the full-time status of a category II coroner for cause, but only after the coroner is given notice and an opportunity to be heard by the board of county commissioners in a public hearing.

(e) A coroner in a category III county may, in consultation with and with approval by the board of county commissioners, determine if a full-time position is appropriate. If a full-time position is agreed upon, the salary of a full-time category III coroner is equal to the salary of a category III county commissioner, category III county treasurer, category III county assessor, and category III county clerk as indicated by the table in subsection (2.3)(a) of this section.

(f) A coroner in a category IV county may, in consultation with and with approval by the board of county commissioners, determine if a full-time position is appropriate. If a full-time position is agreed upon, the salary of a full-time category IV coroner shall be equal to the salary of a category IV county commissioner, category IV county treasurer, category IV county assessor, and category IV county clerk as indicated by the table in subsection (2.3)(a) of this section.

(2.5) Repealed.

(2.7) (Deleted by amendment, L. 97, p. 308, § 1, effective August 6, 1997.)

(2.8) The general assembly hereby finds and declares that:

(a) The rate of compensation of elected county officers shall be provided in accordance with the provisions set forth in section 15 of article XIV of the state constitution;

(b) The salaries of county commissioners, sheriffs, treasurers, assessors, clerk and recorders, coroners, and surveyors have been fixed by law through the enactment of this section.

(c) (Deleted by amendment, L. 98, p. 409, § 1, effective April 21, 1998.)

(3)(a) to (d) Repealed.

(e) Except as provided in subsection (3)(f) of this section, no elected county officer shall have his or her compensation increased or decreased during the term of office to which he or she has been elected or appointed. All actual and necessary expenses of an elected officer incurred while engaged in business on behalf of the county may be allowed by the board of county commissioners and paid out of the county treasury.

(f) An elected county officer in a county classified for salary purposes under subsection (1.5)(a)(III), (1.5)(a)(IV), (1.5)(a)(V), or (1.5)(a)(VI) of this section may elect in his or her sole discretion to receive an amount of salary that is lower than the amount provided for in this section. The amount of the lower salary received by an officer shall be fifty percent of the amount of the salary otherwise provided for the officer as set forth in this section. Any such election shall be set forth in writing and recorded with the office of the county clerk and recorder during the month of November. Any additional money available to a county as a result of an elected county officer making an election pursuant to this subsection (3)(f) shall remain available for expenditure in the county general fund. An elected county officer who elects to receive a lower salary pursuant to this subsection (3)(f) may subsequently elect to receive a higher salary so long as the amount of the higher salary does not exceed the amount provided for in this section. In no event shall an elected county officer make more than one election per year pursuant to this subsection (3)(f).

(4) The board of county commissioners may adjust the salaries established in this section pro rata for county officers working part-time.

(5) The salaries established pursuant to this section shall remain in effect until such time that section 15 of article XIV of the constitution of the state of Colorado is amended to authorize or direct the board of county commissioners in each county to fix the compensation of county officers.

(6) If any provision of this section is found to be unconstitutional by a court of competent jurisdiction, the remaining provisions of this section are valid, unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed.

Source: L. 52: p. 111, § 3. CSA: C. 66, § 58(7f). L. 53: p. 297, § 3. CRS 53: § 56-2-4. L. 57: p. 372, § 1. L. 58: p. 233, § 1. L. 61: p. 379, §§1, 2. L. 62: p. 163, § 3. L. 70: R&RE, p. 192, § 1. C.R.S. 1963: § 30-2-102. L. 73: p. 624, § 1. L. 77: Entire section amended, p. 1432, § 1, effective July 1. L. 81: Entire section R&RE, p. 1423, § 1, effective June 6. L. 86: (1)(a) to (1)(c), (1)(e), and (1)(f) amended, (2.5) added, and (3)(a) to (3)(d) repealed, pp. 1032, 1033, §§ 1, 2, effective May 5. L. 87: (2.5)(b) repealed, p. 1582, § 40, effective July 10. L. 88: (3)(e) amended, p. 917, § 3, effective April 14. L. 89: (2) R&RE, (2.3) added, and (2.5)(a) amended, p. 1272, §§ 1, 2, effective May 17. L. 90: (1) and (2) R&RE and (2.3) and (2.5)(a) repealed, pp. 1442, 1443, §§ 1, 2, effective April 17. L. 91: (1)(a) and (1)(b) amended, p. 714, § 1, effective March 28. L. 92: (2.7) added, p. 965, § 3, effective June 1. L. 97: (1), (2), and (2.7) amended and (2.8) added, p. 308, § 1, effective August 6. L. 98: (1) and (2.8)(c) amended, p. 409, § 1, effective April 21. L. 2000: (2) amended and (2.1) added, p. 295, § 1, effective July 1. L. 2001: (1)(d), (1)(e), (2), and (2.1) amended, p. 449, § 1, effective August 8. L. 2002: (1)(d) and (1)(e) amended, p. 7, § 1, effective August 7; (2.1) amended, p. 365, § 1, effective August 7. L. 2003: (1)(c) and (1)(d) amended, p. 808, § 1, effective March 28. L. 2005: (1)(c) and (1)(d) amended, p. 374, § 1, effective August 8. L. 2006: (1)(e), IP(2.1), and (2.8)(b) amended and (1)(f) and (2.2) added, p. 448, §§ 1, 2, effective August 7. L. 2009: (1)(c) and (1)(d) amended, (HB 09-1203), ch. 102, p. 377, § 2, effective August 5. L. 2014: (1)(e) and (1)(f) amended, (HB 14-1223), ch. 87, p. 332, § 1, effective August 6; (1)(e) and (1)(f) amended, (HB 14-1307), ch. 163, p. 573, § 1, effective August 6. L. 2015: (1)(b) and (1)(c) amended, (HB 15-1256), ch. 91, p. 261, § 1, effective August 5; IP(1) and (2.2) amended, (1.5) added, and (2.3) RC&RE, (SB 15-288), ch. 270, p. 1060, § 3, effective January 1, 2016. L. 2016: (1.5)(a) amended, (HB 16-1367), ch. 301, p. 1217, § 1, effective June 10. L. 2017: (1.5)(a)(IV)(A) and (1.5)(a)(IV)(B) amended, (HB 17-1128), ch. 28, p. 83, § 1, effective March 8. L. 2018: (2.3)(b) amended, (HB 18-1375), ch. 274, p. 1715, § 67, effective May 29; (1.5)(a)(III)(B), (1.5)(a)(III)(D), (1.5)(a)(IV)(C), (1.5)(a)(V)(B), (1.5)(a)(V)(D), and (1.5)(a)(VI) amended and (1.5)(a)(IV)(D) repealed, (HB 18-1242), ch. 141, p. 917, § 1, effective August 8. L. 2020: (1.5)(a)(III)(A), (1.5)(a)(III)(B), (1.5)(a)(IV)(B), and (1.5)(a)(IV)(C) amended, (HB 20-1281), ch. 136, p. 590, § 1, effective September 14; (3)(e) amended and (3)(f) added, (HB 20-1029), ch. 242, p. 1165, § 1, effective September 14. L. 2022: (2.3)(a) amended and (2.3)(c), (2.3)(d), (2.3)(e), and (2.3)(f) added, (SB 22-065), ch. 45, p. 221, § 1, effective August 10. L. 2023: (1.5)(a)(I)(A), (1.5)(a)(II), (1.5)(a)(III), (1.5)(a)(IV)(A), (1.5)(a)(V)(A), and (1.5)(a)(V)(B) amended, (HB 23-1139), ch. 38, p. 154, § 1, effective August 7. L. 2024: (1.5)(a)(II)(B), (1.5)(a)(III)(A), (1.5)(a)(III)(C), (1.5)(a)(IV)(A), (1.5)(a)(IV)(C), (1.5)(a)(V)(A), and (1.5)(a)(V)(B) amended and (1.5)(a)(II)(C) repealed, (SB 24-138), ch. 57, p. 197, § 1, effective August 7. L. 2026: (1.5)(a)(I)(A), (1.5)(a)(II)(B), (1.5)(a)(IV)(A), (1.5)(a)(IV)(B), (1.5)(a)(V)(C), and (1.5)(a)(V)(D) amended, (SB 26-092), ch. 139, p. 670, § 1, effective August 12.

Editor's note: Amendments to subsections (1)(e) and (1)(f) by HB 14-1223 and HB 14-1307 were harmonized.

ANNOTATION

This section calls for payment of salaries in fixed dollar amounts and cost of living increases should not be implied. Hayden v. State, 43 Colo. App. 148, 599 P.2d 979 (1979).

Compensation for county sheriffs is expressly provided for in this section. Van Cleave v. Bd. of County Comm'rs, 33 Colo. App. 227, 518 P.2d 1371 (1973).

But this section does not authorize a county to compensate the sheriff through provision of living quarters or a housing allowance. Van Cleave v. Bd. of County Comm'rs, 33 Colo. App. 227, 518 P.2d 1371 (1973).

Thus elimination of housing allowance not violation of constitution. Because housing allowance paid to sheriff-jailer was unauthorized and illegal, its elimination did not violate constitutional prohibitions against salary or compensation reduction during the term of office of a public official. Van Cleave v. Bd. of County Comm'rs, 33 Colo. App. 227, 518 P.2d 1371 (1973).