Opinion by JUDGE BERMAN.
Respondent, Norma Hatfield, Clerk and Recorder of Fremont County, Colorado, appeals from an order requiring her to record the minutes of the January 15, 1976, meeting of the petitioner, the Board of County Commissioners of Fremont County in the book provided for that purpose, and to furnish the Board with a certified copy of a resolution passed by the Board at that meeting. We affirm.
Shortly before 11:00 a.m. on January 15, 1976, the members of the Board first learned that a state moratorium relative to a flood plain zone would not be extended beyond that day. Because of the serious consequences that would follow the termination of that moratorium the Board decided to hold a meeting that morning to adopt flood plain zoning regulations covering the area in question.
The press was notified that the Board would hold a meeting at 12:00 o'clock noon, and one of the commissioners then contacted the Clerk's office, between 11:45 a.m. and 11:55 a.m., requesting either the Clerk or one of her deputies to attend the meeting. However, the Clerk was absent from her office, and her deputies, being otherwise busy or out to lunch at that time, failed to appear and take the minutes of the Board's meeting.
The meeting of the Board was held at approximately noon, and a tape recording of those proceedings was made. Thereafter, the proceedings of that meeting were transcribed from the tape by persons other than the Clerk or her deputies.
At the next regular meeting of the Board, the commissioners approved the minutes of the above meeting and tendered them to the Clerk for recording in the book kept for that purpose. The Clerk, however, refused to record the minutes and refused to certify a copy of a certain resolution passed by the Board at that meeting.
The Board then commenced the present action, seeking relief in the nature of mandamus, requesting the court to order the Clerk to record the minutes of the January 15, 1976, meeting in the book provided for that purpose, and to furnish the Board with a certified copy of the resolution passed on that date. After trial to the court on an agreed statement of facts, the court granted the relief requesting, stated that:
"The respondent was remiss in not being available or appointing a deputy to be available at any time during regular business hours to perform the constitutional and statutory function imposed upon her as clerk of the board of county commissioners. She has no right or duty to refuse to act as clerk of said board. As clerk of said board she has no standing to challenge the functions or actions of the said board. The proposition that the clerk of the board, by refusing to perform her statutory functions can render the board impotent is absurd.
"In this case since the respondent and her deputies were not available, or would not serve as clerk, the petitioner had minutes kept by persons other than the respondent. These minutes were transcribed and approved by petitioner at the next regular meeting of the board. This procedure is permissible under these circumstances. The respondent need not sign or approve these minutes, but she must record them and furnish the petitioners a certified copy of the resolution as directed by petitioner."
We agree with the trial court's conclusions, and accordingly affirm its order.
The Constitution provides that the county clerk shall by the clerk of the board of county commissioners. Colo. Const. Art. XIV, Sec. 8. By statute, the county clerk is required to "attend the sessions of the board of county commissioners either in person or by deputy . . . and keep a record of the proceedings of the board in a book, as required by law, under the direction of the board of county commissioners." Section 30-10-405, C.R.S. 1973. Further, § 30-10-319, C.R.S. 1973, provides:
"(1) It is the general duty of the clerk of the board of county commissioners:
"(a) To record, in a book to be provided for that purpose, all proceedings of the board;
"(b) To make regular entries of all their resolutions and decisions on all questions concerning the raising of money;
"(c) To record the vote of each commissioner on any question submitted to the board, if required by any member;
"(d) Except when specifically provided otherwise by law, sign all orders issued by the board for the payment of money;
"(e) To preserve and file all accounts acted upon by the board, with their action thereon, and he shall perform such other duties as are required by law."
[1] Reading these provisions together, it is apparent that the clerk is required to attend the board meetings, take the minutes of those proceedings, and then record those minutes in the book kept for that purpose. By necessary implication, the board must notify the clerk of its meetings in order that she may comply with her duties. However, upon receiving notice from the board, the clerk has the constitutional and statutory duty to attend the board's meetings, and she must respond immediately if such is the request of the board. The clerk may not shirk her duty by contending that she or her deputies do not find it convenient to attend, or because other business allegedly prevents their attending. While it may be better practice for the board to give the clerk more timely notice that occurred here, the responsibilities of the position to which she was elected includes either being available, or having a deputy available, during regular business hours to perform her constitutional and statutory functions. To rule otherwise would allow an "unavailable" clerk to paralyze the legitimate functioning of the board.
[2] Furthermore, where, as here, the clerk is notified of a meeting of the board and fails to attend, the board necessarily has authority to record its own proceedings and thereafter approve those minutes. And, upon being tendered such minutes, the clerk must record them in the proper book regardless of the fact that neither she nor her deputies actually recorded the proceedings. In this regard the clerk is performing only the ministerial duty of recording " all proceedings of the board." Section 30-10-319(1)(a), C.R.S. 1973. (emphasis added) See Election Commission v. McNichols, 193 Colo. 263, 565 P.2d 937 (1977).
[3] Nevertheless, here the Clerk asserts that she was not required to record the Board's minutes because lack of public notice of the meeting in question rendered that meeting invalid. The brief response to this contention is that she lacks standing to question the validity of the meeting, for it has nothing to do with her ministerial duty of recording the Board's proceedings. See Rocky Ford v. Brown, 133 Colo. 262, 293 P.2d 974 (1956); Speer v. People, 52 Colo. 325, 122 P. 768 (1912).
[4] Nor do we agree with the contention of amicus curiae, The Colorado State Association of County Clerks and Recorders, that the Clerk be allowed to add an elaborate disclaimer to the minutes of the Board she records. Here, the trial court held, and we agree, that the Clerk need not sign or approve the minutes, but that she must furnish the Board with a certified copy of the resolution passed by it at its meeting. And, the certification that the Clerk makes of such records is only that the certified copy is a true copy of the resolution as it appears, and not that what appears therein is in fact the truth. In this regard, she has no different function that in certifying a deed or other instrument recorded with her in her capacity as recorder of deeds.
Judgment affirmed.
JUDGE PIERCE and JUDGE STERNBERG concur.