Officer absent thirty days without leave may work vacancy Section amended Secretary give bond -approval the board, or at any time, with his approval, the board of education may delegate to the vice-president, and he shall thereupon be empowered to perform such duties of the president as shall be so delegated to him. Absence from the district of any director or officer of the district, without leave of the board entered upon its minutes, when prolonged beyond thirty consecutive days, may be held to work a vacancy in said office when so declared by the vote of three-fourths of the remaining members of the board; and such vacancy shall be filled as other vacancies are filled. Section 3. That Section 5935 of the Revised Statutes of Colorado of 1908, as amended by Chapter 201 of the Session Laws of Colorado of 1911, be and the same is hereby so amended as to read as follows: Before entering upon the duties of his office, the secreSurety amount tary shall execute a bond with two individual sureties or one surety company as surety in the sum of five hundred dollars, or such greater sum as the board may require in districts of the first and second classes, and in the sum of one hundred dollars in districts of third class, conditioned for the faithful discharge of his official duties and the delivery of all property pertaining to his office to his successor, within ten days after a demand is made for the same by a qualified successor, which bond shall be approved by and filed with the county superintendent. In districts having a school population of more than thirty thousand the board of education may, in its discretion, appoint an assistant secretary, who shall hold such position during the pleasure of the board, and who shall give bond in like sum and with like conditions as the secretary, and who, in the absence or inability of the secretary to perform any of his duties shall perform all the duties of the secretary, and to whom at any time with the approval of the board, the secretary may delegate the performance of any of his duties. May employ assistant Secretary-when Duties of The secretary shall record all proceedings of the board and the district meetings in a book or books to be kept for that purpose; shall preserve copies of all reports made to the state or county superintendent; shall file all papers transmitted to him by other school officers pertaining to the district; shall draw and countersign all warrants or orders issued by the board; shall keep a register or stub of all orders drawn, showing the number of the order, the date, amount, in whose favor and for what purpose drawn. Immediately after the election of one or more directors according to law, he shall transmit to the county superintendent a statement giving the name, the postoffice address of the president, secretary, treasurer and vice-president and assistant secretary, if such there be, respectively, of the board of education. Secretary cause census to be taken Between the tenth day of February and the first day of March of each year, the secretary, or some person authorized by him, shall take a census of all persons over six years and under twenty-one years of age who were bona fide residents of the district on the 10th day of February aforesaid. The names so listed shall be arranged alphabetically, Compilation and shall be so classified as to distinguish between male and female. The board of education may, in its discretion, direct that other information concerning such persons be included in such census lists. The census list shall be sworn to as correct by the persons taking the same. If such persons be other than the secretary, the secretary may administer such oath. The list shall be certified by the secretary and shall be forwarded to the county superintendent on or before the first day of April. In districts of the first and second classes a copy shall be delivered to the principal, teacher or superintendent of the district, and in all cases, a copy shall be retained in the office of the secretary. Section 4. That Section 5940 of the Revised Statutes Section amended of Colorado of 1908, as amended by Chapter 121 of the Session Laws of Colorado of 1917, be and the same is hereby so amended as to read as follows: president It shall be the duty of the treasurer to countersign Duties of all lawful warrants drawn by the president and secretary Treasurer ren der statement Officers liable Emergency clause on the county treasurer, and to keep an account of the same. He shall take charge of all moneys received by him on account of the district and pay out the same according to law. In school districts having a school population of more than 30,000 he shall pay out moneys in his hands upon lawful orders drawn and countersigned by the secretary and signed by the president. In such districts if the legal warrant of the district be presented to him when there are no funds in his hands to the credit of the district fund against which the warrant is drawn, he shall endorse or cause to be endorsed upon such warrant the words "no funds" together with his signature, or a fac simile thereof, and the date of such presentment, and the said warrant shall draw interest from the date of such endorsement at the same rate as county warrants in like condition. In all districts the treasurer shall render a statement of the finances of the district as shown by the records of his office at the close of each school year, and at any other time, when required by the board. For a failure to perform any of the duties of his office, when directed by the board or for refusing or neglecting to deliver to his legally qualified successor all money, books or other district property in his possession or care, within ten days after the same shall have been demanded by such successor, he shall be liable on his bond, and shall make good any loss resulting to the district from such failure or neglect. Section 5. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force immediately after its passage. Approved: March 29, 1919. CHAPTER 183 SEMI-MONTHLY PAY DAY PROVISIONS OF STATUTE EXTENDED (S. B. No. 56, by Senators Dunlap, Hattenbach and Messrs. Phelps and Hosman) AN ACT ENTITLED AN ACT TO AMEND SECTIONS 6981, 6982, 6983, 6985, 6986 AND 6988 OF CHAPTER CLIV, REVISED STATUTES OF COLORADO, 1908, CONCERNING PAY DAYS. Be It Enacted by the General Assembly of the State of Colorado: Section 1. That Section 6981 of the Revised Statutes Section amended of Colorado be and the same is hereby amended to read as follows: Section 6981. All private and quasi-public corporations doing business within this state shall pay to their employes the wages earned each and every fifteen (15) days in lawful money of the United States, or checks on banks, convertible into cash, on demand at full face value thereof. Semi-monthly pay days Section 2. That Section 6982 be amended to read as Section amended follows: violation Section 6982. Whenever any private or quasi-public Penalty for corporation shall fail to pay any of its employes as provided in Section 6981, then a penalty shall be attached to such corporation and become due to such employes as follows: A sum equivalent to a penalty of five per cent. (5%) of the wages due and not paid as herein provided as liquidated damages, and such penalty shall attach and suit may be brought in a court of competent jurisdiction to recover same and the wages due. Section amended All wages be come due upon dismissal Not applicable when employe quits Section amended Contracts in violation of provisions herein, void Section amended Contractors required to comply with Section 3. That Section 6983 be amended to read as follows: Section 6983. Whenever any such employe is discharged from the employ of any such corporation, then all the unpaid wages of such employe shall immediately become due and payable, and if any private or quasi-public corporation shall within three (3) days fail to pay any such discharged employe all the wages due and payable to such discharged employe, then the same penalty of five per cent. (5%) shall attach to said corporation and become due to such employe as provided in Section 6982; provided, however, nothing in this section shall apply to any employe of any such corporation who quits of his own accord. Section 4. That Section 6985 be amended to read as follows: Section 6985. Any contract or agreement made between any corporation and any private or quasi-public parties in its employ, the provisions of which shall be in violation, evasion or circumvention of this act (semi-monthly pay day act) shall be unlawful and void, but such employe may sue to recover his wages earned together with such five per cent. (5%) penalty, or separately, to recover the penalty if the wages have been paid. Section 5. That Section 6986 be amended to read as follows: Section 6986. Whenever any private or quasi-public corporation shall contract any or all of its work to any contractor then it shall become the duty of any such corporation to provide that the employes of any such corporation or contractor shall be paid according to the provisions of this act. and such corporation shall become responsible and liable to the employes of such contractor in the same manner as if said employes were employed by such corporation. |