Colorado § 37-41-112 - Records - vacancy and term of office.

§ 37-41-112. Records - vacancy and term of office.

(1) The secretary of the board of directors, as soon as the result of any election held under the provisions of this article is declared, shall enter in the records of such board and file with the county clerk and recorder of the county in which the office of said district is located a statement of such results, which statement shall show:

(a) A copy of the publication notice of said election;

(b) The names of the judges of said election;

(c) The whole number of votes cast in the district and in each precinct of the district;

(d) The names of the persons voted for;

(e) The offices voted for;

(f) The number of votes given in each precinct for each of such persons;

(g) The number of votes given in the district for each of such persons;

(h) The names of the persons declared elected;

(i) The result declared on any question submitted in accordance with the majority of the votes cast for or against such question.

(2) The board of directors shall declare elected the person having the highest number of votes given for each office and also the result of any question submitted. The secretary shall immediately make out and deliver to such person a certificate of election, signed by him and authenticated with the seal of the board. In case of a vacancy in the board of directors by death, removal, or inability from any cause to properly discharge the duties as such director, the vacancy shall be filled by appointment by the remaining members of the board, and, upon their failure or inability to act within thirty days after such vacancy occurs, then, upon petition of five electors of said district, the board of county commissioners of the county where the office of said board of directors is situate shall fill such vacancy. Any director so appointed shall hold his office until the next general election of said district and until his successor is elected and qualified.

Source: L. 05: p. 252, § 10. R.S. 08: § 3449. C.L. § 1969. CSA: C. 90, § 386. CRS 53: § 149-1-10. C.R.S. 1963: § 150-1-10.

ANNOTATION

In filling "a vacancy" in the board of directors, the "remaining members" who are authorized to fill it must act as a board. Two members constitute a quorum. There can be no valid meeting of a board without a quorum. One member of a board consisting of three members cannot constitute himself a quorum when the other two are absent. Kepley v. People ex rel. Everson, 76 Colo. 233, 230 P. 804 (1924).

A vacancy can be filled only where there are two remaining members. The use of the singular "vacancy" indicates that the filling by the board of "a vacancy" in the board can be done only where there are two "remaining members" qualified to act. The board, therefore, is unable to fill a vacancy if there is only one qualified member. Kepley v. People ex rel. Everson, 76 Colo. 233, 230 P. 804 (1924).

In the event of more than one vacancy, or where there are two vacancies in a board consisting of three members, only the board of county commissioners is competent to fill them. The language itself clearly indicates this where it says that the county commissioners shall fill "such vacancy or vacancies", which means that where there is more than one vacancy, only the county board can fill them, and the county board may also fill one vacancy, when the irrigation board fails or is unable to act within 30 days. Kepley v. People ex rel. Everson, 76 Colo. 233, 23O P. 804 (1924).