Colorado § 32-1-912 - Incumbent not recalled - reimbursement - definition.

§ 32-1-912. Incumbent not recalled - reimbursement - definition.

(1) If at any recall election the director whose recall is sought is not recalled, or if the hearing officer determines that a recall petition is not sufficient after a protest, the special district may reimburse the director sought to be recalled for his or her actual reasonable expenses.

(2) A director sought to be recalled who requests reimbursement shall file a written request for reimbursement with the board of the special district. The request must include the date, amount, proof of payment, and purpose for each expense for which the director is requesting reimbursement. The board shall review the request and determine whether the expenses are reasonable expenses under subsection (3) of this section and whether to reimburse such expenses. If the special district determines to reimburse the submitted expenses, the special district shall issue payment within forty-five days of the receipt of the request.

(3) (a) For purposes of this section, "reasonable expenses" include, but are not limited to, money spent challenging the sufficiency of the recall petition and in presenting to the eligible electors the official position of the director sought to be recalled, including campaign literature.

(b) "Reasonable expenses" do not include:

(I) Money spent on challenges and court actions that are frivolous or are not related to the sufficiency of the recall petition;

(II) Personal expenses for meals, lodging, and travel costs for the director sought to be recalled;

(III) The costs of maintaining a campaign staff;

(IV) Reimbursement for expenses incurred by a campaign committee that has solicited contributions;

(V) Reimbursement of any kind for employees in the director's office; and

(VI) All expenses incurred prior to the filing of the recall petition.

Source: L. 2018: Entire section added, (HB 18-1268), ch. 200, p. 1305, § 3, effective May 4.