24-9-105. Elected state officials - discretionary funds.

Statute text

(1) Beginning with the fiscal year commencing July 1, 1985, and for each fiscal year thereafter, subject to annual appropriation by the general assembly, there is hereby available the following amounts for elected state officials for expenditure in pursuance of official business as each elected official sees fit:

(a) Governor, twenty thousand dollars;

(b) Lieutenant governor, five thousand dollars;

(c) Attorney general, five thousand dollars;

(d) Secretary of state, five thousand dollars;

(e) State treasurer, five thousand dollars.

(2) The appropriations made by paragraphs (a), (b), (c), and (e) of subsection (1) of this section shall be out of any moneys in the general fund not otherwise appropriated, and the appropriation made by paragraph (d) of subsection (1) of this section shall be out of any moneys in the department of state cash fund not otherwise appropriated.

History

Source: L. 85: Entire section added, p. 801, 2, effective July 1. L. 93: (1) amended, p. 1515, 19, effective June 6.

Annotations

Cross references: For the department of state cash fund, see 24-21-104 (3)(b).

Annotations

 

ANNOTATION

Annotations

This section falls within the ambit of 5 of art. XXIX of the state constitution. This section does not give the secretary of state unfettered discretion over the use of the secretary's discretionary funds. This section limits the use of discretionary funds to the "pursuance of official business". Gessler v. Grossman, 2015 COA 62, 488 P.3d 53, aff'd on other grounds sub nom. Gessler v. Smith, 2018 CO 48, 419 P.3d 964, cert. denied, __ U.S. __, 139 S. Ct. 430, 202 L. Ed. 2d 318 (2018).

By using funds from the discretionary account for other than official business, the secretary of state breached the public trust for private gain in violation of this section. Gessler v. Grossman, 2015 COA 62, 488 P.3d 53, aff'd on other grounds sub nom. Gessler v. Smith, 2018 CO 48, 419 P.3d 964, cert. denied, __ U.S. __, 139 S. Ct. 430, 202 L. Ed. 2d 318 (2018).

Secretary of state violated the ethical standard of conduct in this section by accepting reimbursement of the balance of a discretionary account without any documentation or detail of expenses incurred because the reimbursement was not in pursuance of official business. Colo. Ethics Watch v. Gessler, Indep. Ethics Comm'n 12-07.

ARTICLE 9.5
RECALL OF STATE OFFICERS