C.R.S. Section 30-10-105
When office becomes vacant

(1)

Every county office shall become vacant, on the happening of any one of the following events, before the expiration of the term of office:

(a)

The death of the incumbent;

(b)

The resignation of the incumbent;

(c)

The removal of the incumbent;

(d)

The incumbent’s ceasing to be an inhabitant of the county for which he was elected or appointed;

(e)

The incumbent’s refusal or neglect to take an oath or affirmation in accordance with section 24-12-101, to give or renew his or her official bond, or to deposit such bond within the time prescribed by law;

(f)

The decision of a competent tribunal declaring void his election or appointment;

(g)

The incumbent is declared incapacitated in the manner provided in subsection (4) of this section.

(h)

Repealed.

(2)

In the event a county officer is found guilty of any felony or infamous crime by a court or jury, the board of county commissioners shall immediately suspend such county officer from office without pay until his conviction is final and he has exhausted, or by failure to assert them has waived, all rights to new trial and all rights of appeal. At the time such officer’s conviction is final and he has exhausted, or by failure to assert them has waived, all rights to appeal and new trial, the said board shall remove such officer from office and his successor shall be appointed as provided by statute, unless during such period of suspension a successor has been duly elected and qualified and said successor, whether so appointed or elected, shall be the duly constituted officer.

(3)

Should the officer suspended from office by the board of county commissioners as provided in this section be found not guilty in a state or federal court either on appeal, original trial, or new trial, the board shall forthwith reinstate such officer and give him his back pay, unless during such period of suspension a successor to such suspended officer has been duly elected and qualified. In the event a successor to such suspended officer has been so elected and qualified, such suspended officer shall receive his back pay only up to the expiration date of his regular term of office and he shall not be reinstated or paid further unless he is such person duly elected and qualified.

(4)

Intentionally left blank —Ed.

(a)

Any county officer shall be declared incapacitated when there is a judicial determination that he is unable to routinely and fully carry out the responsibilities of his office by virtue of mental or physical illness or disability and he has been so unable for a continuous period of not less than six months immediately preceding the finding of incapacity. The quantum of proof required, the procedures to be followed, and the rights reserved to the subject of any determination of incapacity under this subsection (4) shall be those specified for the appointment of guardians in part 3 of article 14 of title 15, C.R.S., to the extent applicable.

(b)

A proceeding to determine incapacity under this subsection (4) shall be commenced in the district court by a majority of the board of county commissioners. With respect to a county commissioner, proceedings shall be commenced when said commissioner fails to attend any regular meeting of the board of county commissioners for a period of six months. With respect to any county officer other than a county commissioner, proceedings shall be commenced when such officer fails to report to his office or other regular place of business for a period of six months.

(c)

In any county having a population of less than one hundred thousand, the county shall be represented in the district court by the district attorney or by a qualified attorney acting for the district attorney who is appointed by the district court for that purpose. In any county having a population of one hundred thousand or more, the county shall be represented by the county attorney or a qualified attorney acting for the county attorney who is appointed by the district court for that purpose.

Source: Section 30-10-105 — When office becomes vacant, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-30.­pdf (accessed Oct. 20, 2023).

30‑10‑101
Offices - inspection of records - failure to comply - penalty 30‑10‑102
All money delivered to treasurer - penalty for failure 30‑10‑103
Copies prima facie evidence 30‑10‑104
Resignations of officers, to whom made 30‑10‑105
When office becomes vacant 30‑10‑106
Substitute officers have same powers and compensation 30‑10‑107
Penalty for refusing to qualify 30‑10‑108
Fines appropriated to school fund of county 30‑10‑109
Office hours 30‑10‑110
Bonds or insurance of officers - oath or affirmation 30‑10‑111
Oath of deputy 30‑10‑112
Officer to act until successor qualifies 30‑10‑113
Contribution limits for county offices - definitions 30‑10‑301
Oath or affirmation of commissioners 30‑10‑302
County seal - open meetings - rules 30‑10‑303
Meetings of board 30‑10‑304
Meetings of board in counties over one hundred thousand 30‑10‑305
Penalty for absence from meetings in counties over one hundred thousand 30‑10‑306
Commissioners’ districts - vacancies - definitions 30‑10‑306.1
Commission created - commission composition and appointment 30‑10‑306.2
Commission organization - procedures - transparency - voting requirements 30‑10‑306.3
Criteria for determination of county commissioner districts - definition 30‑10‑306.4
Deadlines for preparation, amendment, and approval of plans 30‑10‑306.5
Procedure to increase number of county commissioners 30‑10‑306.7
Procedure for electing county commissioners 30‑10‑307
Chairman - temporary chairman 30‑10‑308
Oaths administered and orders signed by chairman 30‑10‑310
Committee of commissioners - report 30‑10‑311
Bonds or insurance of county commissioners 30‑10‑312
Amount of bond or insurance - county commissioners 30‑10‑313
Bond executed or insurance purchased before duties assumed 30‑10‑314
Where bond filed 30‑10‑315
Penalty for acting without bond or insurance 30‑10‑316
Suits on bond or insurance 30‑10‑317
County to recover all damages - execution against body 30‑10‑318
Recovery for all damage - liability 30‑10‑319
Clerk of board - duties 30‑10‑320
Clerk to designate amount - copies of records 30‑10‑321
Orders - dated and numbered - records of issuance 30‑10‑322
Penalty for failure to perform duty 30‑10‑401
County clerk - term - bond - insurance 30‑10‑402
Clerk for board of commissioners 30‑10‑403
Deputy clerk - duties 30‑10‑404
Vacancy in office - how filled 30‑10‑405
Office at county seat - seal - records 30‑10‑405.5
Electronic filings 30‑10‑406
County clerk and recorder - duties - filing requirements 30‑10‑406.5
Redaction of first five digits of social security numbers on public documents 30‑10‑407
Microfilm and optical imaging records - when - standards for optical imaging systems 30‑10‑408
Grantor and grantee indices to be kept by county clerk and recorder 30‑10‑409
Reception book - form - contents - acceptance for recording 30‑10‑410
File of plats or maps - index - names 30‑10‑413
Certified copies prima facie evidence 30‑10‑415
Tax sales excepted 30‑10‑416
Clerk to administer oaths or affirmations - take affidavit or deposition 30‑10‑417
False oaths, perjury 30‑10‑418
Fees of county clerk and recorder for administering oaths 30‑10‑420
Maintenance of trade name registration 30‑10‑421
Filing surcharge - definitions 30‑10‑501
Sheriff - election - bond - insurance 30‑10‑501.5
Qualifications 30‑10‑501.6
Training 30‑10‑501.7
Enforcement 30‑10‑502
Form of bond 30‑10‑503
Sheriff assumes duties - when 30‑10‑504
Undersheriff - duties - vacancy 30‑10‑505
Vacancy in office - powers of undersheriff 30‑10‑506
Deputies 30‑10‑509
Liability of sheriff for neglect 30‑10‑511
Sheriff custodian of jail 30‑10‑512
Sheriff to act as fire warden 30‑10‑513
Duties of sheriff - coordination of fire suppression efforts for forest, prairie, or wildland fire - expenses 30‑10‑513.5
Authority of sheriff relating to fires within unincorporated areas of county - liability for expenses 30‑10‑514
Sheriff to transport prisoners 30‑10‑515
Sheriff to execute writs - attend court 30‑10‑516
Sheriffs to preserve peace - command aid 30‑10‑517
Outgoing sheriff may proceed with writs 30‑10‑518
Coroner when acting as sheriff 30‑10‑519
Service on sheriff, made how 30‑10‑520
Sheriff not to act as attorney 30‑10‑521
Illegal fees - penalty 30‑10‑522
Actions against sheriff - sureties liable - when 30‑10‑523
Sheriff - permits for concealed handguns 30‑10‑524
Sheriff to provide identification cards to retired peace officers upon request - definitions 30‑10‑525
Disclosure of knowing misrepresentation by a peace officer required - disclosure waivers - reports - definitions 30‑10‑526
Sheriff office hiring - required use of waiver - definitions 30‑10‑527
Behavioral health professionals - grant applications encouraged - definition - repeal 30‑10‑528
Incarcerated parents - family services coordinator 30‑10‑601
Coroner - election - bond - insurance - authority 30‑10‑601.5
Qualifications - fingerprints 30‑10‑601.6
Coroners standards and training board 30‑10‑601.7
Duties of the Colorado coroners standards and training board 30‑10‑601.8
Training - fees - coroner training fund 30‑10‑601.9
Enforcement 30‑10‑602
Coroner and deputy coroner - duties - oath or affirmation - bond - insurance 30‑10‑603
Deputy coroner - appointment 30‑10‑604
Coroner shall act as sheriff, when 30‑10‑605
When sheriff a party or disqualified 30‑10‑606
Coroner - inquiry - grounds - postmortem - jury - certificate of death 30‑10‑606.5
When autopsy performed - jurisdiction - qualifications to perform - definition 30‑10‑608
Coroner may issue subpoenas 30‑10‑610
Oath of witnesses 30‑10‑611
Testimony written and subscribed - fees 30‑10‑612
Verdict of jury - form 30‑10‑613
When verdict kept secret 30‑10‑614
Coroner may order arrest - warrant 30‑10‑615
Warrant - effect 30‑10‑616
Contents of warrant 30‑10‑617
Coroner to make return to district court 30‑10‑618
Burial expenses - when paid by county 30‑10‑619
Conflicts of interest of county coroners 30‑10‑622
Unidentified human remains - DNA samples 30‑10‑623
Department of corrections - reimbursement for expenses of coroner 30‑10‑624
Required toxicology screening for a suicide, overdose death, or accidental death - annual report - working group 30‑10‑701
Election - term - bond - insurance 30‑10‑702
Term of office 30‑10‑703
Form of bond 30‑10‑704
Chief deputy treasurer - duties 30‑10‑705
Vacancy in office - how filled 30‑10‑706
Officers who cannot be treasurer 30‑10‑707
Treasurer to receive and pay moneys 30‑10‑708
Deposit of funds in banks and savings and loan associations 30‑10‑709
Treasurer to keep accounts - settlement of accounts - resolution of findings - report to board of county commissioners - contempt 30‑10‑710
Apportionment and separation of funds 30‑10‑711
Payment of warrants - call published 30‑10‑712
Funds payable in order of presentment 30‑10‑713
Delivery of books to successor - penalty 30‑10‑714
Treasurer collector of taxes 30‑10‑715
Treasurer to issue receipt for money collected 30‑10‑716
Treasurer to assess property, when 30‑10‑718
Registry of orders - open to inspection 30‑10‑726
Failure of treasurer to perform duties - penalty 30‑10‑801
Assessor - election - bond - insurance - term - oath or affirmation 30‑10‑802
Assessment district - deputy in each - oath or affirmation - bond 30‑10‑803
Office and supplies - expenses 30‑10‑901
Surveyor - election - bond - insurance 30‑10‑902
Deputies - certificates admitted as evidence 30‑10‑903
Duties and powers of the county surveyor 30‑10‑904
Vacancy - how filled 30‑10‑905
Remuneration - expenses 30‑10‑906
Disputed boundaries - notice - establishment of legal corner monument 30‑10‑907
County surveyor to administer oaths
Green check means up to date. Up to date

Current through Fall 2024

§ 30-10-105’s source at colorado​.gov