AGO 84-20.

Case Date:November 20, 1984
Colorado Attorney General Opinions 1984. AGO 84-20. November 20, 1984Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 84-20 AG Alpha No. EX AD AGANT Honorable Richard D. Lamm Governor, State of Colorado 136 State Capitol Denver, Colorado 80203-1792 RE: Interim appointments to the State Board of EqualizationDear Governor Lamm: This is in response to your memorandum of October 22, 1984 in which you request an opinion from the attorney general as to the power of the Governor to make interim appointments to fill appointee vacancies on the State Board of Equalization. QUESTIONS PRESENTED AND CONCLUSIONS Your request for an attorney general's opinion presents the following questions: Can the Governor make interim appointments to the State Board of Equalization? My conclusion is that appointments made by the Governor to fill appointed vacancy positions on the State Board of Equalization require senate confirmation before the appointees may serve as members of that state board. If the answer to the first question is in the negative, are any votes made by Mr. Eberle prior to receiving your advice considered valid on the theory that he was a de facto member of the board? At the present time this question is academic since Mr. Don Eberle, the Governor's appointee to fill the appointee position vacated by Senator C. Michael Callihan, has not participated as a member of the State Board of Equalization. ANALYSIS By executive order A 225 84, dated October 4, 1984, the Governor appointed Donald C. Eberle to the State Board of Equalization (state board) "for a term expiring at the pleasure of the Governor; to fill a vacancy occasioned by the resignation of the Honorable Michael Callihan." Prior to resigning, Senator Callihan was occupying one of the appointee positions on the state board. Colo. Const. art X, sec. 15(1)(b); section 39-9-101(1), C.R.S. (1984 Supp.). Senator Callihan had previously been appointed by the Governor, on August 30, 1984, "for a term expiring at the pleasure of the Governor" and was confirmed by the senate on August 31, 1983. The Governor made the interim appointment of Mr. Eberle presumably pursuant to Colo. Const. art. IV, sec. 6, which reads as follows: Section 6. Appointment of officers - vacancy. (1) The governor shall nominate, and, by and...

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