SENATE Amended 2nd Reading May 2, 2014Second Regular Session Sixty-ninth General Assembly STATE OF COLORADO ENGROSSED LLS NO. R14-1067.01 Kate Meyer x4348 SCR14-003 SENATE SPONSORSHIP Hodge, HOUSE SPONSORSHIP Rosenthal, Landgraf Senate Committees House Committees State, Veterans, & Military Affairs SENATE CONCURRENT RESOLUTION 14-003 Submitting to the registered electors of the state of Colorado an amendment to the Colorado constitution concerning local determination of county officer salaries, and, in connection therewith, authorizing counties to establish salaries for county commissioners, sheriffs, treasurers, assessors, clerks, coroners, and surveyors; divesting the general assembly of that function; and directing the general assembly to create citizens' commissions in each county for the purpose of regularly evaluating county officer salaries. Resolution Summary (Note: This summary applies to this resolution as introduced and does not reflect any amendments that may be subsequently adopted. If this resolution passes third reading in the house of introduction, a resolution summary that applies to the reengrossed version of this resolution will be available at http://www.leg.state.co.us/billsummaries.) Pursuant to section 15 of article XIV of the state constitution, the salaries paid to county commissioners, sheriffs, treasurers, assessors, clerks, coroners, and surveyors (collectively, "county officers") are currently set forth in statute. The concurrent resolution empowers each board of county commissioners to establish the salaries paid to its county officers, and directs the general assembly to enact legislation creating citizens' commissions on county officer compensation for the purpose of making findings and recommendations to boards of county commissioners in the future. Such commissions must make their first recommendations by January 1, 2016, and at least biennially thereafter. WHEREAS, The salary amounts of county officers, being committed to statute, are infrequently modified and are thus often insufficient recompense for the work performed by those officers; and WHEREAS, Inadequate compensation is not only unfair to those officers, but is a powerful deterrent to persons who would otherwise seek to serve in these official capacities; and WHEREAS, The categorical approach reflected in statute disregards the individual characteristics of counties, including current economic conditions, and other relevant factors; and WHEREAS, The unique characteristics of Colorado's counties make county officer compensation a matter best suited to local, not state, control; now, therefore, Be It Resolved by the Senate of the Sixty-ninth General Assembly of the State of Colorado, the House of Representatives concurring herein: SECTION 1. At the next election at which such question may be submitted, there shall be submitted to the registered electors of the state of Colorado, for their approval or rejection, the following amendment to the constitution of the state of Colorado, to wit: In the constitution of the state of Colorado, amend section 15 of article XIV as follows: Section 15. Fees and compensation of county officers - how established. (1) The general assembly shall fix the compensation of county officers in this state by law, and shall establish scales of fees to be charged and collected by such county officers. All such fees shall be paid into the county general fund. (2) (a) (I) When fixing the compensation of county officers, the general assembly shall give due consideration to county variations, 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 necessary to prepare compensation schedules that reflect variations in the workloads and responsibilities of county officers and in the tax resources of the several counties Each board of county commissioners has the power to establish the compensation of its county officers. (II) In establishing salaries under this section, a board of county commissioners may consider and adopt, with or without modifications, the recommendations made by its citizens' commissions on county officer compensation created pursuant to subparagraph (II) of paragraph (c) of this subsection (2), once such commission is established. (III) Until a board of county commissioners acts to modify its county officer salaries, the salaries set forth in law as of the effective date of this subparagraph (III) continue to apply. (b) (I) The compensation of any county officer, other than county commissioners, shall be increased or decreased only when the compensation of all county officers within the same county or when the compensation for the same county officer within the several counties of the state, is increased or decreased. (II) County officers commissioners shall not have their compensation increased or decreased during the terms of office to which they have been elected or appointed. Other county officers' compensation may be increased at the beginning of each fiscal year, but those officers' compensation may only be decreased at the beginning of any term of office. (III) A county officer's salary shall never be set at an amount lower than the amount established for that county's officer in section 30-2-102 (2.2), Colorado Revised Statutes, as that section existed on January 15, 2015. (c) (I) The general assembly may, from time to time as it deems necessary or appropriate, enact legislation to implement or facilitate the operation of this section. (II) (A) In addition to any legislation that is enacted under subparagraph (I) of this paragraph (c), during the first regular session of the seventieth regular general assembly, the general assembly shall enact legislation creating citizens' commissions on county officer compensation in each county in the state. For each such commission, the general assembly shall determine the appropriate number, method of appointment, and qualifications of citizens who may serve as members; the scope of each commission's functions and duties; and the factors that the commissions may consider when evaluating the salaries paid to county officers and whether the commission recommends raising, lowering, or making no adjustments to those salaries. Such factors must include the responsibilities of each county officer and the scope of authority of the entity in which each officer serves; the relative level of difficulty in performing the duties of each officer; the amount of time directly or indirectly related to the performance of the duties, functions, and services of each officer; the current levels of salaries for comparable employment in other places of public and private employment in competitive labor markets; the historical salary amounts paid for the positions under analysis; the cost of living in the county; and any other relevant factors. (B) The first recommendations from the county citizens' commissions are due on or before January 1, 2016. After that, the commissions shall meet and submit findings to their boards of county commissioners as specified by law, but no less frequently than on a biennial basis. SECTION 2. Each elector voting at said election and desirous of voting for or against said amendment shall cast a vote as provided by law either "Yes/For" or "No/Against" on the proposition: "Shall there be an amendment to the Colorado constitution concerning local determination of county officer salaries, and, in connection therewith, authorizing counties to establish salaries for county commissioners, sheriffs, treasurers, assessors, clerks, coroners, and surveyors; divesting the general assembly of that function; and directing the general assembly to create citizens' commissions in each county for the purpose of regularly evaluating county officer salaries?" SECTION 3. The votes cast for the adoption or rejection of said amendment shall be canvassed and the result determined in the manner provided by law for the canvassing of votes for representatives in Congress, and if a majority of the electors voting on the question shall have voted "Yes/For", the said amendment shall become a part of the state constitution.