City Council Study Session Agenda and Packet 2019 11 12

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Attendance at meetings. Trustees and councilmembers are not required by statute to attend meetings of the governing body, although for cities, attendance by city councilmembers may be compelled by rules and penalties adopted by the council itself.60 For towns, recourse in cases of chronic nonattendance may be limited to removal or recal1.61 Duties. The main duty of trustees and councilmembers is to enact laws and policies to govern the municipality. The adoption of ordinances, resolutions, and motions is discussed in Chapter Three. Appointment and removal of officers. The boards of trustees of statutory towns are granted the power to appoint such officers as are either required by statute or as are needed for the "good government of the corporation." The boards are required to prescribe for them both their duties (when not described by statute) and their compensations and fees. Appointed officers also may be required to post bonds "for the faithful discharge of their duties," as well as to take oaths of office that the board shall prescribe. Statutory towns are required to appoint a clerk, treasurer, and town attorney, although they may provide for the general popular election of these officers by ordinance.62 Other appointed officers not required to be appointed include the town administrator and the marshal or chief of police.63 Appointments made by the current board of trustees may not extend more then 30 days beyond the term of office of the current board.64 Likewise, statutory cities are given the power to appoint such officers as are required either by statute or as "may be necessary or desirable," and they are required to appoint a city attorney and one or more municipal judges in accordance with C.R.S. § 31-10-105(1).65 Again, as with towns, other appointed officers specifically mentioned by statute but not required to be appointed include the city administrator and the marshal or chief of police.66 There is an explicit statutory provision for cities to allow one person to hold two or more appointive offices if provided for by ordinance.67 In regards to the city clerk and treasurer, C.R.S. § 31-10-301 specifically allows these offices to be held by the same person, even when both are elected positions.68 The council also is authorized to create methods for administrative proceedings for removal for many positions.69 As with statutory towns, municipal judges may be removed only for cause as outlined in C.R.S. § 31-10-105(2). In statutory cities, although the position of the city clerk and city treasurer are, by default, elected positions,70 the city council has the power to submit to the voters the question of whether the positions should be made appointive.71 Should the voters approve the question, the council may always go back to the elective method for these positions by submitting to the voters the reverse question.72 Finally, all appointed officers are required by statute to take an oath to uphold the United States and Colorado Constitutions and, if the governing body directs, post bonds to ensure their faithful discharge of their duties.73 Elected and appointed official liability. Municipal officials have personal protection from liability under the Colorado Governmental Immunity Act (CGIA), which applies to elected officials, appointed officials, employees, and even volunteers, so long as their actions are within the scope of employment and not done willfully and wantonly.74 The CGIA, however, does not protect against liability that may arise under federal law, such as violations of constitutional rights such as free speech, due process, and excessive force claims. 60 C.R.S. § 31-4-107(1). 61 C.R.S. § 31-4-307. 62 C.R.S.§ 31-4-304. 63 C.R.S. § 31-4-304; see also C.R.S. § 31-4-306. 64 C.R.S. § 31-4-304. 65 C.R.S. § 31-4-107(2)(a). 66 C.R.S. §§ 31-4-107(2)(a), 112. 67 C.R.S. § 31-4-107(2)(b). 68 C.R.S. § 31-10-301. 69 C.R.S. § 31-4-107(2)(b). 70 C.R.S. § 31-4-105. 71 C.R.S. § 31-4-107(4)(a). 72 C.R.S. § 31-4-107(4)(b). 73 C.R.S. § 31-4-401. 74 C.R.S. § 24-10-106. Heather Balser / City of Louisville OrdeCopyright 201 by rder Date: 10/3 vzol9 COLORADO MUNCIPAL GOVERNMENT. AN INTRODUCTION Copyright by Cl�