(1) Except as provided in subsection (2) of this section, each county commissioner of the several counties of this state is required to execute a bond, payable to the people of the state of Colorado, conditioned that the commissioner will faithfully and honestly discharge the duties of the office of county commissioner so long as the commissioner continues in office, and that the commissioner will not, either directly or indirectly, misappropriate, or permit to be misappropriated, any of the funds or property of said county while in office; that the commissioner will not, while in office, be interested or concerned in any manner, directly or indirectly, in any sale, purchase, bargain, or contract whereby any sum of money or thing in action becomes due to such commissioner from such county, or from any person from such county; and that the commissioner will at all times transact the business of such county economically, and to the best of the commissioner's ability, for the best interest of such county.
(2) In lieu of the bond required by subsection (1) of this section, a county may purchase crime insurance coverage on behalf of the county commissioner to protect the people of the county from any malfeasance on the part of the commissioner while in office.
Source: L. 1881: p. 96, § 1. G.S. § 564. R.S. 08: § 1244. C.L. § 8720. CSA: C. 45, § 67. CRS 53: § 35-3-11. C.R.S. 1963: § 35-3-11. L. 2010: Entire section amended, (HB 10-1062), ch. 161, p. 557, § 5, effective August 11.
ANNOTATION
The object of this section is to require county commissioners to give bonds for the faithful discharge of their duties, and a provision for the recovery of such damages as the county shall sustain by reason of a breach of the conditions of the bond, and designating who might bring suit for such recovery, is certainly germane to the subject matter of such a title. Patterson v. Watson, 35 Colo. 502, 83 P. 958 (1906).
Subsequent bond not authorized. When a person duly elected to the office of county commissioner has executed his bond as required by law, when said bond has been approved by the judge of the proper district, and when the person so elected and qualified has actually entered upon the duties of his office, the district court or judge, thereafter, has no jurisdiction to order said commissioner to give a new bond with further sureties to be approved by said court or judge, and, in default of compliance with such order, to declare such commissioner's office vacant. People ex rel. Jones v. District Court, 18 Colo. 293, 32 P. 819 (1893).
The approval by the judge of the district court of a bond of a county commissioner-elect, is not to be arbitrarily overturned or disregarded by the board. People ex rel. Pauls v. District Court, 46 Colo. 1, 101 P. 777 (1909).
No forfeiture of bond for compliance with unconstitutional statute. Compliance with the terms of a statute which may be unconstitutional will not, absent other evidence, be grounds for forfeiture of bond required by this section. Bd. of County Comm'rs v. Fifty-First Gen. Ass'y, 198 Colo. 302, 599 P.2d 887 (1979).
Applied in Davison v. Bd. of County Comm'rs, 41 Colo. App. 344, 585 P.2d 315 (1978).