11-664. Suspension of county assessor or county
treasurer; due process
A. The board of supervisors may suspend the county assessor or county treasurer for
defalcation or neglect of duty. The board shall give notice to the affected officer
including reasons for the suspension at least five calendar days before the meeting at
which the matter is to be considered. If the action of the board is a unanimous vote of
the entire board, the suspension shall be immediate. If the action of the board is not a
unanimous vote of the entire board, the suspension shall not be effective until either
ten days after the action of the board if no hearing is requested by the affected officer
or the conclusion of a hearing if one is requested, and the board sustains its prior
action.
B. Either prior to an action for a suspension of a county treasurer or county
assessor or upon a request for hearing after an affirmative vote to suspend, the board of
supervisors may request the county attorney to conduct an investigation. If an
investigation is requested, the county attorney shall provide a written notice and report
of findings, including a statement of charges, to the assessor or treasurer and the
board.
C. If the board of supervisors votes to suspend the county assessor or county
treasurer, the assessor or treasurer has the right to a hearing before the board upon
filing a written request with the board within ten days after action by the board. The
assessor or treasurer may be represented by counsel at the hearing. The board shall
allow the assessor or treasurer, counsel, witnesses and members of the public to testify
on the assessor's or treasurer's behalf. At the conclusion of the hearing the board may
sustain or reverse its prior suspension. If the prior action has not become effective,
the suspension shall become effective upon a majority vote of the board.
D. Upon the earlier of a unanimous vote of the entire board of supervisors,
expiration of the time to request a hearing after an affirmative vote of a majority of
the board or the affirmation of the suspension at the conclusion of the hearing, the
board shall immediately appoint a person to fill the office. The appointed person shall
immediately give bond and qualify as provided by law.
E. No suspension of the county assessor or county treasurer under this section
shall be for a period of longer than one hundred twenty days unless within that period
removal of the officer is sought pursuant to title 38, chapter 2, article 8. If removal
of the suspended officer is not sought within the period of suspension, the suspended
officer shall be reinstated. The person appointed by the board of supervisors shall
provide an account of activities during the period of suspension and vacate the office.
|