citation: GOV § 1156

text:
(a) Any eligible employee who is participating in a flexible benefits program may elect to receive one or more benefits that qualify to be excluded from gross income in lieu of a portion of his or her salary.

(b) For purposes of this section, an “eligible employee” means any of the following:

(1) An employee excluded from the definition of “state employee” in Section 3513.

(2) A “managerial employee” as defined in Section 3513.

(3) A “confidential employee” as defined in Section 3513 and Section 3562.

(4) A “supervisory employee” as defined in Section 3580.3.

(5) An officer or employee of the State of California in the executive or judicial branch of government who is not a state civil service employee pursuant to Part 2 (commencing with Section 18500) of Division 5 of Title 2.

(6) A “state employee,” as defined by Section 3513 or employed by the state as provided for in Article VI of the Constitution.

(c) Any eligible employee participating in the flexible benefits program shall be subject to federal laws and implementing regulations of the Department of Human Resources which affects the flexible benefit program throughout the period of the employee’s enrollment.

(d) Unless the trustee or the administrator of the state’s flexible benefit program is the Controller or another state officer, that program shall be administered in compliance with the federal Employee Retirement Income Security Act of 1974 (ERISA: 29 U.S.C. Sec. 1001 et seq.).

(e) As a condition of participating in a flexible benefits program, each eligible employee shall provide evidence, in a manner satisfactory to the Department of Human Resources, that the employee is covered by a basic health benefits plan, and his or her agreement to remain covered for the period of participation in the flexible benefits plan.

(f) There is in the State Treasury the Flexelect Benefit Fund which, notwithstanding Section 13340, is continuously appropriated without regard to fiscal years to the Department of Human Resources for expenditure to implement the flexible benefits program and to pay the related administrative costs. The fund shall consist of the amounts received from state employee compensation excluded from gross income and transmitted to the Flexelect Benefit Fund, income of whatever nature earned on the money in the Flexelect Benefit Fund during any fiscal year and credited to the fund, and amounts appropriated therefor in the annual Budget Act and other statutes.

(g) On or after July 1, 1990, any funds remaining in the State Employees’ Dependent Care Assistance and Health Care Assistance Fund shall be transmitted into the account in the Flexelect Benefit Fund for the administrative expenses of the Controller’s office to pay the related administrative costs.

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 33. (SB 1308) Effective January 1, 2013.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


kind: section

code: GOV

text:
(a) Any eligible employee may elect to participate in the State Employees’ Pretax Parking Payroll Deduction Program. The program shall be administered by the Department of Human Resources. An amount equivalent to the value of the parking, to the extent permitted by Internal Revenue Code Section 132, shall be excluded from the gross income of the employee, in lieu of a portion of the employee’s compensation, and shall be transmitted to the State Employees’ Pretax Parking Fund. Each eligible employee electing to participate in the program, for the period that he or she is enrolled as a participant in the program, shall be subject to the applicable federal law and regulations and related state administrative regulations adopted by the Department of Human Resources.

(b) For purposes of this section, an “eligible employee” means any of the following:

(1) A “state employee,” as defined in Section 3513.

(2) An “excluded employee,” as defined in Section 3527.

(3) An officer or employee of the State of California in the executive branch of government who is not a state civil service employee pursuant to Part 2 (commencing with Section 18500) of Division 5 of Title 2.

(c) There is in the State Treasury the State Employees’ Pretax Parking Fund which, notwithstanding Section 13340, is continuously appropriated without regard to fiscal years to the Department of Human Resources for expenditure to implement the State Employees’ Pretax Parking Payroll Deduction Program. The fund shall consist of the amounts received from employee compensation excluded from gross income and transmitted to the State Employees’ Pretax Parking Fund pursuant to subdivision (a).

history: (History: Amended by Stats. 2012, Ch. 665, Sec. 34. (SB 1308) Effective January 1, 2013.)

division: 4. PUBLIC OFFICERS AND EMPLOYEES

title: 1. GENERAL

chapter: 1. General

article: 6. Salary and Wage Deductions

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 1. General > 6. Salary and Wage Deductions


citation: GOV § 1157

text:
(a) Officers and employees of a public agency, other than those under the uniform payroll system provided for in Article 5 (commencing with Section 12470) of Chapter 5 of Part 2 of Division 3 of Title 2, may authorize the governing body of the public agency to make deductions from their salaries or wages for the payment of premiums on life, accident, health, disability, legal expense, or automobile liability insurance, or on any two or more, under a system of insurance approved by or adopted and carried into effect by the governing body, or for the payment of premiums on National Service Life Insurance or United States Government Converted Insurance. Officers and employees of the public agency may authorize the governing body of the public agency to make deductions from their salaries or wages for the payment of dues or subscription charges of nonprofit membership corporations for defraying the cost of medical service (including services rendered by doctors of medicine, doctors of osteopathic medicine, or doctors of chiropractic), or hospital care, or legal services, or, any of them, under system of medical service, or hospital care, or legal services, or, any of them, approved by or adopted and carried into effect by the governing body.

(b) The board of supervisors may, by resolution, permit officers and employees of a county to authorize deductions from their salaries or wages for the premiums on long-term care insurance established pursuant to Article 8.8 (commencing with Section 31696.1) of Chapter 3 of Part 3 of Division 4 of Title 3 or pursuant to Chapter 15 (commencing with Section 21660) of Part 3 of Division 5 of Title 2 and approved by, or adopted and carried into effect by, the retirement association. Materials offering that long-term care insurance shall specify that the long-term care insurance is approved by, or adopted and carried into effect by, the retirement association and not by the county.

history: (History: Amended by Stats. 1997, Ch. 491, Sec. 1. Effective January 1, 1998.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


text: Employees of a public agency, on approval of and in accordance with the provisions made by the governing body of the public agency, may authorize deductions to be made from their salaries or wages for the payment of dues in, or for any other services provided by, any bona fide association (a) whose members are comprised exclusively of the employees of such public agency, or (b) whose members are comprised exclusively of the employees of such public agency and one or more other public agencies the payrolls of which are prepared by the same finance officer, or (c) whose members are comprised exclusively of the employees of such public agency or agencies as provided in (a) or (b) above, together with former employees of such public agency or agencies if such former employees (1) were employees of such public agency or agencies at the time of joining such association, and (2) were members of such association at the time of ceasing to be such employees.

history: (History: Amended by Stats. 1967, Ch. 1624.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


text: With the approval of the governing body of a public agency and under such regulations as it may prescribe, employees of the public agency may authorize deductions to be made from their salaries or wages either for the payment of contributions to bona fide charitable organizations or for the payment of designated sums to a nonprofit California corporation which is compelled by its by-laws to make, and which does expend such sums solely by the making of, contributions to bona fide charitable organizations.

history: (History: Added by Stats. 1955, Ch. 1215.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


text:
(a) Employees, including retired employees, of a public employer in addition to any other purposes authorized in this article, may also authorize deductions to be made from their salaries, wages, or retirement allowances for the payment of dues in, or for any other service, program, or committee provided or sponsored by, any employee organization or bona fide association whose membership is comprised, in whole or in part, of employees of the public employer and employees of such organization and which has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of the employees.

(b) The public employer shall honor employee authorizations for the deductions described in subdivision (a). The revocability of an authorization shall be determined by the terms of the authorization.

history: (History: Amended by Stats. 2018, Ch. 53, Sec. 8. (SB 866) Effective June 27, 2018.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


text:
(a) Employees of a county employing more than 20,000 persons, other than a city and county, may authorize deductions to be made from their salaries or wages for the payment of dues in, or for any other services provided by, any bona fide association (a) whose members are comprised exclusively of the employees of such county, other than a city and county, or (b) whose members are comprised exclusively of the employees of such county, other than a city and county, and one or more other public agencies the payrolls of which are prepared by the same finance officer, or (c) whose members are comprised exclusively of the employees of such county, other than a city and county, or agencies as provided in (a) or (b) above, together with former employees of such county, other than a city and county, or agencies if such former employees (1) were employees of such county, other than a city and county, or other agencies at the time of joining such association, and (2) were members of such association at the time of ceasing to be such employees.

In addition to the other requirements of this section, any employee organization for which dues are to be deducted from pay warrants shall have in membership at least 1 percent of the employees of such county, other than a city and county, provided that an employee organization which is formally recognized as the majority representative of employees of such county, other than a city and county, in an established employee representational unit shall qualify as an employee organization for which dues are to be deducted from pay warrants.

(b) Notwithstanding subdivision (a), an employee organization which has in membership at least 1 percent of the total number of employees of such county, other than a city and county, on April 30, 1973, and which, on April 30, 1973, was an employee organization for which dues could be deducted from pay warrants, shall not lose such qualification for the reason that such employee organization does not have after April 30, 1973, a membership of at least 1 percent of the total number of employees of such county, other than a city and county.

(c) No employee may have deductions for more than a total of two organizations under this section and under Section 1157.5.

history: (History: Amended by Stats. 1973, Ch. 681.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


text: Employees, including retired employees, of a county, other than a city and county, employing more than 20,000 persons in addition to any other purposes authorized in this article may also authorize deductions to be made from their salaries, wages, or retirement allowances for the payment of dues in, or for any other service provided by, any bona fide organization whose membership is comprised, in whole or in part, of employees of such county, other than a city and county, and employees of such organization and which has as one of its objectives improvements in the terms or conditions of employment for the advancement of the welfare of such employees.

history: (History: Added by Stats. 1967, Ch. 1624.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


text: Retired employees of a public agency, other than a school district, or eligible surviving spouses of such retired employees, on approval of the governing body of such public agency, in addition to any other purposes authorized in this article, may authorize deductions to be made from their retirement or survivors’ allowances for the payment of dues in any bona fide association whose membership is comprised in whole or in part of retired employees of such public agency in accordance with provisions made by the governing body of the public agency.

history: (History: Added by Stats. 1974, Ch. 198.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


text: Employees of a public agency employing more than 20,000 persons, other than a city and county, may authorize dues deductions for membership in an ethnic employee organization operating within the public agency prior to January 1, 1981, which includes ethnic minority employees and which has as its primary purpose representing those employees in their employment civil rights with the employer. This purpose shall not include meeting and conferring with the public agency concerning matters within the scope of representation pursuant to Chapter 10 (commencing with Section 3500).

history: (History: Added by Stats. 1981, Ch. 612, Sec. 1.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


text:
Officers and employees of public agencies may authorize deductions to be made from their salaries or wages for the purchase of United States savings bonds in accordance with provision made by the governing body of the public agency.

All auditors, treasurers, and other disbursing officers of public agencies are authorized to recognize and act upon these requests for salary or wage deductions and to establish special accounts for each officer or employee so that sufficient funds may be accumulated to the credit of the officer or employee for the purchase of United States savings bonds. All funds so accumulated are trust funds.

history: (History: Added by Stats. 1982, Ch. 1270, Sec. 16.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


text: Officers and employees of public agencies may authorize wage and salary deductions for deposit into an account with a state or federal bank or savings and loan association located in this state, or for the purchase of shares in, or the payment of money to, any regularly chartered credit union, or for the purchase of any investment or thrift certificate issued by an industrial loan company licensed by this state. Auditors, treasurers, and other disbursing officers of any public agency other than a state agency are authorized to recognize and act upon these wage or salary assignments.

history: (History: Added by Stats. 1982, Ch. 1270, Sec. 17.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


text:
Payroll deductions for state employees of public agencies, other than those under the uniform payroll system, shall be administered by the appropriate officer of the public agency. In administering payroll deductions the officer shall do all of the following:

(a) Make, cancel, or change a deduction at the request of the person or organization authorized to receive the deduction. All requests shall be on forms approved by the public agency.

(b) Obtain a certification from any state agency, employee organization, or business entity requesting a deduction that they have, and will maintain, an authorization to make the deduction, signed by the individual from whose salary or wages the deduction is to be made. An employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to provide a copy of an individual authorization to the public agency unless a dispute arises about the existence or terms of the authorization.

(c) Provide for an agreement from organizations and business entities receiving deductions to relieve the public agency, its officers and employees, of any liability that may result from making, canceling, or changing requested deductions.

(d) Determine the cost of performing the requested deduction service and collect that cost from the organization, entity, or individual requesting or authorizing the deduction. Services requested which are incidental, but not necessary, to making the deduction may be performed at the public agency’s discretion, with any additional cost to be paid by the requester.

(e) Prior to making a deduction for an employee organization or a bona fide association, determine that the organization or association has been recognized or registered by the appropriate authority.

(f) Decline to make deductions for any individual, organization, or entity if the public agency determines that it is not administratively feasible or practical to make the deduction.

(g) Make, cancel, or change a deduction not later than the month subsequent to the month in which the request is received, except that a deduction for an employee organization can be revoked only pursuant to the terms of the employee’s written authorization. Employee requests to cancel or change deductions for employee organizations shall be directed to the employee organization, rather than to the public agency. The employee organization shall be responsible for processing these requests. The public agency shall rely on information provided by the employee organization regarding whether deductions for an employee organization were properly canceled or changed, and the employee organization shall indemnify the public agency for any claims made by the employee for deductions made in reliance on that information. All deductions, cancellations, or changes shall be effective when made by the public agency.

history: (History: Amended by Stats. 2018, Ch. 53, Sec. 9. (SB 866) Effective June 27, 2018.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


text:
(a) Officers and employees of a county with a population of over 8,000,000, may authorize deductions to be made from their salaries or wages for the purchase of securities issued by any of the following:

(1) The county.

(2) Any joint powers authority created pursuant to an agreement to which the county is a party entered into pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7.

(3) Any public district which is governed by the governing body of the county.

(4) Any nonprofit public benefit corporation created by the governing body of the county for the purpose of assisting the county in financing capital projects and equipment purchases, provided the corporation is deemed to be an instrumentality of the county for federal income tax purposes.

(b) In each case, the deductions shall be made in accordance with provisions made by the governing body of the county.

(c) For purposes of this section, “securities” includes bonds, notes, warrants, lease or installment sale obligations represented by certificates of participation, or other evidences of indebtedness.

(d) The auditor, the treasurer, and other disbursing officers of the county are authorized to recognize and act upon the requests for wage or salary deductions and to establish special accounts for each officer or employee so that sufficient funds may be accumulated to the credit of the officer or employee for the purchase of securities as authorized by this section. All funds so accumulated are trust funds.

history: (History: Added by Stats. 1991, Ch. 1226, Sec. 1.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


text:
Public employers other than the state that provide for the administration of payroll deductions authorized by employees for employee organizations as set forth in Sections 1152 and 1157.3 or pursuant to other public employee labor relations statutes, shall:

(a) Rely on a certification from any employee organization requesting a deduction or reduction that they have and will maintain an authorization, signed by the individual from whose salary or wages the deduction or reduction is to be made. An employee organization that certifies that it has and will maintain individual employee authorizations shall not be required to provide a copy of an individual authorization to the public employer unless a dispute arises about the existence or terms of the authorization. The employee organization shall indemnify the public employer for any claims made by the employee for deductions made in reliance on that certification.

(b) Direct employee requests to cancel or change deductions for employee organizations to the employee organization, rather than to the public employer. The public employer shall rely on information provided by the employee organization regarding whether deductions for an employee organization were properly canceled or changed, and the employee organization shall indemnify the public employer for any claims made by the employee for deductions made in reliance on that information. Deductions may be revoked only pursuant to the terms of the employee’s written authorization.

history: (History: Added by Stats. 2018, Ch. 53, Sec. 10. (SB 866) Effective June 27, 2018.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


citation: GOV § 1158

text: No provision of law prohibiting, restricting or limiting the assignment or order for wages or salaries in any way prohibits, restricts or limits the powers conferred in this article.

history: (History: Enacted by Stats. 1943, Ch. 134.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


citation: GOV § 1159

text:
(a) The Controller, a public employer, an employee organization, or any of their employees or agents, shall not be liable for, and shall have a complete defense to, any claims or actions under the law of this state for requiring, deducting, receiving, or retaining agency or fair share fees from public employees, and current or former public employees shall not have standing to pursue these claims or actions, if the fees were permitted at the time under the laws of this state then in force and paid, through payroll deduction or otherwise, prior to June 27, 2018.

(b) This section shall apply to claims and actions pending on its effective date, as well as to claims and actions filed on or after that date.

(c) The enactment of this section shall not be interpreted to create the inference that any relief made unavailable by this section would otherwise be available.

(d) For purposes of this section:

(1) “Employee organization” means any organization that functioned as an exclusive collective bargaining representative for public employees under any statute, ordinance, regulation, or other state or local law, and any labor organization with which it was affiliated.

(2) “Public employer” means any public employer, including, but not limited to, the state, the Regents of the University of California, the Trustees of the California State University, the California State University, the Judicial Council, a trial court, a city, a county, a city and county, a school district, a community college district, a transit district, any public authority, public agency, or any other political subdivision or public corporation, or any other entity considered a public employer for purposes of the labor relations statutes of California.

(e) The Legislature finds and declares:

(1) Application of this section to pending claims and actions clarifies existing state law rather than changes it. Public employees who paid agency or fair share fees as a condition of public employment in accordance with state law and Supreme Court precedent prior to June 27, 2018, had no legitimate expectation of receiving that money under any available cause of action. Public employers and employee organizations who relied on, and abided by, state law and Supreme Court precedent in deducting and accepting those fees were not liable to refund them. Agency or fair share fees paid for collective bargaining representation that employee organizations were obligated by state law to provide to public employees. Application of this section to pending claims will preserve, rather than interfere with, important reliance interests.

(2) This section is necessary to provide certainty to public employers and employee organizations that relied on state law, and to avoid disruption of public employee labor relations, after the Supreme Court’s decision in Janus v. American Federation of State, County, and Mun. Employees, Council 31 (2018) 138 S.Ct. 2448.

history: (History: Added by Stats. 2018, Ch. 405, Sec. 1. (SB 846) Effective September 14, 2018.)

title: 1. GENERAL

article: 6. Salary and Wage Deductions


citation: GOV § 1170

text: As used in this article, “law” means any federal law relating to internal revenue.

history: (History: Added by Stats. 1949, Ch. 83.)

title: 1. GENERAL

article: 6.5. Withholding Tax Deductions

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 1. General > 6.5. Withholding Tax Deductions


text: In the case of the State, “law” also means the law of any state providing for the withholding of personal income tax from wages or salaries of its residents employed by other states; provided, that the law of that state, in the determination of the State Controller, provides for withholding of personal income taxes from wages or salaries of its employees residing in California.

history: (History: Added by Stats. 1959, Ch. 1661.)

title: 1. GENERAL

article: 6.5. Withholding Tax Deductions


citation: GOV § 1171

text: The State, its agencies and political subdivisions, cities, and all other public agencies may withhold from any wages or salaries paid by them that portion required to be withheld by any law.

title: 1. GENERAL

article: 6.5. Withholding Tax Deductions


citation: GOV § 1172

text: They may pay the withheld sums at the times and in the manner provided by the law and make the records, reports, and returns required by the law or the regulations promulgated under it.

title: 1. GENERAL

article: 6.5. Withholding Tax Deductions


citation: GOV § 1173

text: The Department of Finance shall direct the manner and form in which each state department, board, commission, or other agency maintains the records incidental to withholding funds pursuant to this article. The Department of Finance shall prescribe the forms to be used in making any returns, reports, or payments except where forms are provided by the law or the regulations promulgated under it.

history: (History: Amended by Stats. 1974, Ch. 1221.)

title: 1. GENERAL

article: 6.5. Withholding Tax Deductions


citation: GOV § 1174

text: All funds withheld pursuant to this article by any state unit whose funds are deposited in the State Treasury shall, immediately upon such withholding, be deposited in such depositary or depositaries as may be prescribed by the Director of Finance, and shall be withdrawn therefrom in the manner prescribed by him in fulfillment of the purpose for which said funds were deposited.

title: 1. GENERAL

article: 6.5. Withholding Tax Deductions


citation: GOV § 1175

text: All funds withheld by any county pursuant to this article shall, immediately upon such withholding, be deposited in such depositary or depositaries as may be prescribed by the board of supervisors of the county, and shall be withdrawn therefrom in the manner prescribed by such board in fulfillment of the purpose for which said funds were deposited.

history: (History: Amended by Stats. 1949, Ch. 666.)

title: 1. GENERAL

article: 6.5. Withholding Tax Deductions


citation: GOV § 1176

text: All funds withheld pursuant to this article by any public agency not within the provisions of Sections 1174 or 1175 of this code shall, immediately upon such withholding, be deposited in such depositary or depositaries as may be prescribed by the governing body of such public agency, and shall be withdrawn therefrom in the manner prescribed by such governing body, in fulfillment of the purpose for which said funds were deposited.

title: 1. GENERAL

article: 6.5. Withholding Tax Deductions


citation: GOV § 1190

text: All assistants, deputies, and other subordinate officers, whose appointments are not otherwise provided for, shall be appointed by the officer or body to whom they are respectively subordinate.

title: 1. GENERAL

article: 7. Deputies and Subordinates

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 1. General > 7. Deputies and Subordinates


citation: GOV § 1191

text: When not otherwise provided for, the appointment of deputies and other subordinate officers shall be made in writing and filed in the office of the appointing power or the office of its clerk.

title: 1. GENERAL

article: 7. Deputies and Subordinates


citation: GOV § 1192

text: When not otherwise provided for, within 10 days after receiving notice of their appointment, deputies and other subordinate officers shall take and file an oath in the manner required of their principals.

title: 1. GENERAL

article: 7. Deputies and Subordinates


citation: GOV § 1193

text: When the number of deputies or other subordinate officers is not fixed by law, it is limited only by the discretion of the appointing power.

title: 1. GENERAL

article: 7. Deputies and Subordinates


citation: GOV § 1194

text: When not otherwise provided for, each deputy possesses the powers and may perform the duties attached by law to the office of his principal.

title: 1. GENERAL

article: 7. Deputies and Subordinates


citation: GOV § 1195

text: Every officer of the state, or of any county, city, or judicial district who accepts, keeps, retains or diverts for his own use or the use of any other person any part of the salary or fees allowed by law to his deputy, or other subordinate officer, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 123.5. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

title: 1. GENERAL

article: 7. Deputies and Subordinates


citation: GOV § 1220

text: When an officer discharges ex officio the duties of another office than that to which he is elected or appointed, his official signature and attestation shall be in the name of the office the duties of which he discharges.

title: 1. GENERAL

article: 8. Miscellaneous

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 1. General > 8. Miscellaneous


citation: GOV § 1221

text: Where not otherwise provided, the seals of office of the various executive officers are those in use by such officers on January 1, 1873.

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1222

text: Every wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision is made for the punishment of such delinquency, is punishable as a misdemeanor.

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1223

text: When traveling expenses are allowed by law to any state, county, judicial district, or city officer, he may contract with the appropriate authorities for an allowance or mileage rate for the use of vehicles owned or rented and used by him in the performance of duty, in lieu of the usual transportation charges.

history: (History: Amended by Stats. 1951, Ch. 1553.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1224

text: Any money paid by a state, county, judicial district, or city officer for United States postage for use in conducting the official business of his office may be refunded to him by claim allowed in accordance with law.

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1225

text:
(a) An executive officer, a judicial officer, and a Member of the Legislature may administer and certify oaths.

(b) A former judge of a court of record in this state who retired or resigned from office shall be deemed a judicial officer for purposes of this section, if he or she satisfies the conditions set forth in subdivision (c) of Section 2093 of the Code of Civil Procedure.

(c) A law, rule, or regulation regarding the confidentiality of proceedings of the Commission on Judicial Performance shall not be construed to prohibit the commission from issuing a certificate as provided for in this section.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 148. (SB 1171) Effective January 1, 2017.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1226

text: When the records in the office of any public board or officer authorized to issue certificates show the issuance of a certificate other than a certificate of acknowledgment and it appears by affidavit that the certificate has been lost or destroyed by conflagration or other public calamity, the board or officer may issue a duplicate of the certificate. The duplicate shall recite the issuance and loss or destruction of the original and has the same force as the original.

history: (History: Added by Stats. 1949, Ch. 82.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1228

text: An inmate of any state institution shall not be employed in the manufacture or production of any article intended for the private and personal use of any state officer or any officer or employee of any state institution. This section does not prohibit repairing of any kind nor the employment of such inmate in household or domestic work connected with the institution.

history: (History: Added by Stats. 1951, Ch. 587.)

title: 1. GENERAL

article: 8. Miscellaneous


text: The governing board of any local agency may grant to any employee of such local governmental agency, upon request, a leave of absence without pay of not to exceed two years to accept a temporary position with the United States Government for service in a foreign country in a technical co-operation program, and upon termination of such service, and for three months thereafter, such employee shall have the right to be restored to his former position.

history: (History: Amended by Stats. 1959, Ch. 452.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1229

text: Any public officer who is charged with the custody of public records may take any action, including the transfer of such records to another place within the state, necessary for the safekeeping of such records during any duly proclaimed state of war emergency or state of emergency pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.

history: (History: Amended by Stats. 1971, Ch. 38.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1230

text: The governing body of a city, county, city and county, or political subdivision of the State may grant leaves of absence to employees to appear as a witness in court other than as a litigant, to serve on a jury, or to respond to an official order from another governmental jurisdiction for reasons not brought about through the connivance or misconduct of the employee. The governing body may grant such leaves of absence with pay up to the amount of the difference between the employee’s regular earnings and any amount he receives for jury or witness fees.

history: (History: Added by Stats. 1959, Ch. 1552.)

title: 1. GENERAL

article: 8. Miscellaneous


text:
Whenever any person who is an employee subject to the provisions of Section 1230, or an employee of the state, is served with a subpoena which compels his presence as a witness, unless he is a party or an expert witness, such employee shall be granted a leave of absence with pay in the amount of the difference between the employee’s regular earnings and any amount he receives for such appearance.

This section shall not be applicable to appearances for which the employee receives compensation in excess of his regular earnings.

history: (History: Added by Stats. 1970, Ch. 1127.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1231

text:
No state officer or employee shall be deemed to have a break in service or to have terminated his or her employment, for any purpose, nor to have incurred any change in his or her authority, status, or jurisdiction or in his or her salary or other conditions of employment, solely because of the failure to enact a budget act for a fiscal year prior to the beginning of that fiscal year.

A person entering state service on or after the beginning of a fiscal year and before the effective date of the budget act for that fiscal year and who otherwise is a state officer or employee, shall be deemed a state officer or employee from the time he or she entered state service, notwithstanding the failure to enact a budget act for that fiscal year.

history: (History: Amended by Stats. 1983, Ch. 323, Sec. 32.1. Effective July 1, 1983.)

title: 1. GENERAL

article: 8. Miscellaneous


text: Funds from each appropriation made in the budget act for any fiscal year may be expended to pay to officers and employees whatever salary that would have otherwise been received had the budget act been adopted on or prior to July 1 of that fiscal year.

history: (History: Added by renumbering Section 1232.3 by Stats. 1983, Ch. 323, Sec. 32.5. Effective July 1, 1983.)

title: 1. GENERAL

article: 8. Miscellaneous


text: Funds from each appropriation made in the budget act for any fiscal year may be expended to pay any obligation incurred between the commencement of that fiscal year and the effective date of the budget act for that fiscal year, which would otherwise have been authorized by the budget act of that year had that act been adopted on or prior to July 1 of that year, subject to the same limitations, conditions, and requirements.

history: (History: Added by renumbering Section 1232.4 by Stats. 1983, Ch. 323, Sec. 32.6. Effective July 1, 1983.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1233

text:
Acting in accordance with Executive Order 11246 (30FR 12319), as amended, applicants for employment by, and incumbent employees of, public agencies may be solicited to voluntarily declare their ethnic identification, provided this information shall be used for research and statistical purposes only. Notwithstanding the provisions of this section, it shall be unlawful, for purposes of any appointment, hiring, or promotion, to use this information to discriminate against a prospective or incumbent employee or to give preference to a person identified as a member of an ethnic, racial, or religious group upon the basis of such membership or identification.

A separate or tear-off portion of the application shall be written and shall be kept in a separate nonpublic file, accessible only to those charged by the personnel director with research responsibility, for the purpose of discharging that responsibility. The separate sheet or tear-off may contain a number to be used as a cross index to the application. Safeguards to prevent misuse of the information shall be approved by the State Fair Employment Practice Commission, including the point in time at which the separate sheet or tear-off portion of the application shall be maintained in separate nonpublic file. As used in this section, “public agency” means every city, county, and city and county whether chartered or not and every district.

history: (History: Added by Stats. 1974, Ch. 573.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1234

text:
No public officer while serving in any elective office in this state shall receive a retirement allowance which is based in whole or part upon service in that elective office.

The monthly retirement allowance shall be suspended during the period of such service and shall resume upon discontinuance of such service. Any retired person who renders such service shall not acquire any additional retirement rights or benefits thereunder because of such service. In the event that the retired person dies while rendering such service, his survivors shall receive the benefits provided by the system for the survivors of retired persons.

“Public officer” for purposes of this section includes every officer of the state, and every officer of a county, city, city and county, district, and authority, and each department, division, bureau, board, commission, agency, or instrumentality of any of the foregoing. “Public officer” shall not include a retired judge while serving under assignment by the Chairman of the Judicial Council.

This section shall only be applicable to persons elected to public office after its effective date.

history: (History: Added by Stats. 1975, Ch. 118.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1235

text: The salary of any elected public office shall not be reduced during an election year after any candidate for that particular office has filed the requisite forms declaring his or her candidacy for that particular office.

history: (History: Added by Stats. 1980, Ch. 737. See same-numbered section added by Stats. 1994, Ch. 991.)

title: 1. GENERAL

article: 8. Miscellaneous


text:
(a) Any person who is receiving an allowance from a public retirement system, who is charged by indictment or complaint, either in a court of this state or a federal court whose jurisdiction encompasses all or any portion of the state, with the commission of any felony involving or accepting or giving, or offering to give, any bribe, the embezzlement of public money, extortion or theft of public money, perjury, or conspiracy to commit any of those crimes arising directly out of his or her official duties as a public officer, who has a legal obligation not to leave the jurisdiction of the court, but does leave, shall have his or her retirement allowance suspended while absent the jurisdiction of the court.

(b) The suspension shall be effective the first of the month following the month in which the court notifies the retirement system. The suspension shall be in effect until the retirement system is notified by the court. Upon notification by the court that the suspension has been lifted, the retirement system shall commence payment of the retirement allowance payable and make a onetime payment of the amount payable that had been suspended.

(c) “Public officer,” for the purposes of this section, means every officer of the state, and every officer of a county, city, city and county, district, and authority, and each department, division, bureau, board, commission, agency, or instrumentality of any of these entities.

(d) The suspension shall not affect the payment of any survivor’s benefits by the retirement system.

(e) This section shall apply to persons who served in a public office prior to January 1, 1995, as well as to all persons who serve in a public office on or after January 1, 1995.

history: (History: Added by Stats. 1994, Ch. 991, Sec. 2. Effective January 1, 1995. See same-numbered section added by Stats. 1980, Ch. 737.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1236

text:
(a) All city, county, city and county, and district employees that conduct audits or that conduct audit activities of those respective agencies shall conduct their work under the general and specified standards prescribed by the Institute of Internal Auditors or the Government Auditing Standards issued by the Comptroller General of the United States, as appropriate. The standards generally provide as follows:

(1) That auditors should be independent of the activities they audit.

(2) That audits should be performed with proficiency and due professional care.

(3) That the scope of the audit should encompass the examination and evaluation of the adequacy and effectiveness of the organization’s system of internal control and the quality of performance in carrying out assigned responsibilities.

(4) That audit work should include planning the audit, examining and evaluating information, communicating results, and following up.

(5) That the chief auditor should properly manage the auditing department.

(b) Nothing in this section is intended to limit the rights or obligations of auditors to conduct audits and audit activities in accordance with other laws and regulations that may apply to a particular entity, as appropriate.

history: (History: Amended by Stats. 2006, Ch. 452, Sec. 1. Effective January 1, 2007.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1237

text: All state and local agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall consider establishing an ongoing audit function.

history: (History: Amended by Stats. 2006, Ch. 452, Sec. 1.5. Effective January 1, 2007.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1238

text: Notwithstanding the provisions of Section 1236, if a city, county, city and county, or district determines that the implementation of any specific standard enumerated in Section 1236 would result in net additional costs which exceed any potential savings, the governing body of that city, county, city and county, or district shall have the option to determine whether or not to implement the specified standard.

history: (History: Added by Stats. 1982, Ch. 101, Sec. 3.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1239

text: Notwithstanding the provisions of Section 1236, the Joint Legislative Audit Committee, may, by majority vote, grant a waiver to any agency that petitions the committee from compliance with any standard prescribed in Section 1236.

history: (History: Added by Stats. 1982, Ch. 101, Sec. 4.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1241

text: Whenever a section of the California Constitution uses both the terms “salary” and “compensation”, with respect to a public officer or employee, the terms shall be construed to apply only to salary.

history: (History: Added by Stats. 1987, Ch. 1356, Sec. 1.)

title: 1. GENERAL

article: 8. Miscellaneous


citation: GOV § 1300

text: Every officer, the mode of whose appointment is not prescribed by law, shall be appointed by the Governor.

history: (History: Enacted by Stats. 1943, Ch. 134.)

title: 1. GENERAL

article: 1. General

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 2. Appointments, Nominations, Commissions, and Oaths > 1. General


citation: GOV § 1301

text: Every office, the term of which is not fixed by law, is held at the pleasure of the appointing power.

title: 1. GENERAL

chapter: 2. Appointments, Nominations, Commissions, and Oaths

article: 1. General


citation: GOV § 1302

text: Every officer whose term has expired shall continue to discharge the duties of his office until his successor has qualified.

title: 1. GENERAL

article: 1. General


citation: GOV § 1303

text:
Every person who exercises any function of a public office without taking the oath of office, or without giving the required bond, is guilty of a misdemeanor.

This section does not affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts.

title: 1. GENERAL

article: 1. General


citation: GOV § 1304

text:
(a) The Speaker of the Assembly or the Senate Committee on Rules may appoint a Member of the Legislature or legislative staff to serve as an alternate for a Member of the Legislature appointed to a state board or commission within the Natural Resources Agency in the Member’s absence.

(b) An alternate designated pursuant to this section shall exercise all of the rights, privileges, and powers that are available to the Member with respect to serving on the board or commission within the Natural Resources Agency. The alternate designated pursuant to this section may not vote and shall adhere to the same rules of conduct as a voting member and serve at the pleasure of the Speaker of the Assembly or the Senate Committee on Rules.

(c) An alternate designated pursuant to this section shall serve on the board or commission within the Natural Resources Agency only during the period for which the Member may serve on the board or commission.

history: (History: Added by Stats. 2013, Ch. 356, Sec. 5. (SB 96) Effective September 26, 2013.)

title: 1. GENERAL

article: 1. General


citation: GOV § 1305

text:
(a) Commencing January 1, 2027, the office of the Governor shall maintain on its internet website a list of each state board or commission, as well as the board or commission’s membership list, stated purpose, duties, meeting frequency, internet website, and any vacancies in its membership.

(b) (1) On or before January 31, 2028, and annually on January 31 thereafter, the office of the Governor shall create and publish on its internet website a report that contains aggregate demographic information, to the extent available, of appointments by the office of the Governor from January 1 to December 31, inclusive, of the previous year.

(2) (A) The aggregate demographic information shall be published in a manner that does not disclose any personal information and ensures the anonymity of the appointed individuals.

(B) (i) The aggregate demographic information shall include the following disclaimer: “Reporting of demographic information by appointed individuals is not required. Therefore, this information only includes voluntarily reported data and does not accurately reflect the demographics of all appointments.”

(ii) Any organization or individual that utilizes or republishes the aggregate demographic information is encouraged to include the disclaimer described in clause (i).

(c) For purposes of this section, “demographic information” includes the voluntarily self-reported ethnicity, gender, gender identity, sexual orientation, disability status, county of residence, party affiliation, and military service of the appointed individuals.

history: (History: Added by Stats. 2025, Ch. 423, Sec. 1. (SB 702) Effective January 1, 2026.)

title: 1. GENERAL

article: 1. General


citation: GOV § 1306

text:
(a) Commencing January 1, 2027, the Secretary of the Senate and the Chief Clerk of the Assembly shall maintain on their respective internet websites, or include a link on their respective internet websites to any available resources that contain, a list of each state board or commission that each house has appointment authority over, as well as the board or commission’s membership list, stated purpose, duties, meeting frequency, internet website, and any vacancies in its membership.

(b) (1) On or before January 31, 2028, and annually on January 31 thereafter, the Secretary of the Senate and the Chief Clerk of the Assembly shall publish on their respective internet websites, to the extent available, aggregate demographic information on the respective legislative appointments of each house, made from January 1 to December 31, inclusive, of the previous calendar year.

(2) (A) The aggregate demographic information shall only include legislative appointments created by statute, and shall not include ex officio appointments of members of the Senate and the Assembly.

(B) The aggregate demographic information shall be published in a manner that does not disclose any personal information and ensures the anonymity of the appointed individuals.

(C) (i) The aggregate demographic information shall include the following disclaimer: “Reporting of demographic information by appointed individuals is not required. Therefore, this information only includes voluntarily reported data and does not accurately reflect the demographics of all legislative appointments.”

(ii) Any organization or individual that utilizes or republishes the aggregate demographic information is encouraged to include the disclaimer described in clause (i).

(c) For purposes of this section, “demographic information” includes the voluntarily self-reported ethnicity, gender, gender identity, sexual orientation, disability status, county of residence, and military service of the appointed individuals.

history: (History: Added by Stats. 2025, Ch. 423, Sec. 2. (SB 702) Effective January 1, 2026.)

title: 1. GENERAL

article: 1. General


citation: GOV § 1320

text: Nominations made by the Governor to the Senate shall be in writing, designating the residence of the nominee and the office for which he is nominated.

title: 1. GENERAL

article: 2. Nominations by Governor

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 2. Appointments, Nominations, Commissions, and Oaths > 2. Nominations by Governor


citation: GOV § 1321

text: Whenever the Senate concurs in a nomination, its secretary shall immediately deliver a copy of the resolution of concurrence, certified by the president and secretary, to the Secretary of State, and another copy, certified by the secretary, to the Governor.

title: 1. GENERAL

article: 2. Nominations by Governor


citation: GOV § 1322

text:
In addition to any other statutory provisions requiring confirmation by the Senate of officers appointed by the Governor, the appointments by the Governor of the following officers and the appointments by the Governor to the listed boards and commissions are subject to confirmation by the Senate:

(a) California Horse Racing Board.

(b) Court Reporters Board of California.

(c) Chief, Division of Occupational Safety and Health.

(d) Chief, Division of Labor Standards Enforcement.

(e) Commissioner of Financial Protection and Innovation.

(f) Contractors State License Board.

(g) Director of Fish and Game.

(h) Director of Health Care Services.

(i) Chief Deputy, State Department of Health Care Services.

(j) Real Estate Commissioner.

(k) State Athletic Commissioner.

(l) State Board of Barbering and Cosmetology Examiners.

(m) State Librarian.

(n) Director of Social Services.

(o) Chief Deputy, State Department of Social Services.

(p) Director of State Hospitals.

(q) Chief Deputy, State Department of State Hospitals.

(r) Director of Developmental Services.

(s) Chief Deputy, State Department of Developmental Services.

(t) Director of Alcohol and Drug Abuse.

(u) Director of Rehabilitation.

(v) Chief Deputy, Department of Rehabilitation.

(w) Director of the Office of Statewide Health Planning and Development.

(x) Deputy Secretary, California Health and Human Services Agency.

(y) Director, Department of Managed Health Care.

(z) State Public Health Officer, State Department of Public Health.

(aa) Chief Deputy, State Department of Public Health.

history: (History: Amended by Stats. 2022, Ch. 452, Sec. 167. (SB 1498) Effective January 1, 2023.)

title: 1. GENERAL

article: 2. Nominations by Governor


citation: GOV § 1323

text: In addition to any other statutory provisions requiring confirmation by the Senate of officers appointed by the Governor, including Section 1322, the appointment by the Governor of any officer, or any member of a board or commission, whose salary is provided for by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of this code is subject to confirmation by the Senate. This section shall not apply to any officer, or any member of a board or commission, whose manner of appointment is provided for in the Constitution.

history: (History: Added by Stats. 1964, 1st Ex. Sess., Ch. 145.)

title: 1. GENERAL

article: 2. Nominations by Governor


citation: GOV § 1340

text:
The Governor shall commission:

(a) All officers elected by the people whose commissions are not otherwise provided for except those officers to whom a certificate of election is issued by the Secretary of State.

(b) All officers elected by the Legislature.

(c) All officers of the Militia.

(d) All officers appointed by the Governor, or by the Governor with the advice and consent of the Senate.

history: (History: Amended by Stats. 1951, Ch. 1586.)

title: 1. GENERAL

article: 3. Commissions

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 2. Appointments, Nominations, Commissions, and Oaths > 3. Commissions


citation: GOV § 1341

text: The commissions of all officers commissioned by the Governor shall be issued in the name of the people of the State. They shall be signed by the Governor and attested by the Secretary of State, under the Great Seal.

title: 1. GENERAL

article: 3. Commissions


citation: GOV § 1342

text: The commissions of all other officers, where no special provision is made by law, shall be signed by the presiding officer of the body or by the person making the appointment.

title: 1. GENERAL

article: 3. Commissions


citation: GOV § 1360

text: Unless otherwise provided, following any election or appointment and before any officer enters on the duties of his or her office, he or she shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.

history: (History: Amended by Stats. 2017, Ch. 387, Sec. 2. (SB 205) Effective January 1, 2018.)

title: 1. GENERAL

article: 4. Oath of Office

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 2. Appointments, Nominations, Commissions, and Oaths > 4. Oath of Office


citation: GOV § 1362

text: Unless otherwise provided, the oath may be taken before any officer authorized to administer oaths.

title: 1. GENERAL

article: 4. Oath of Office


citation: GOV § 1363

text:
(a) Unless otherwise provided, every oath of office certified by the officer before whom it was taken shall be filed within the time required as follows:

(1) The oath of all officers whose authority is not limited to any particular county, in the office of the Secretary of State.

(2) The oath of all officers elected or appointed for any county, and, except as provided in paragraph (4), of all officers whose duties are local, or whose residence in any particular county is prescribed by law, in the office of the county clerk of their respective counties.

(3) Each judge of a superior court, the county clerk, the clerk of the court, the executive officer or court administrator of the superior court, and the recorder shall file a copy of that person’s official oath, signed with that person’s own proper signature, in the office of the Secretary of State as soon as that person has taken and subscribed the oath.

(4) The oath of all officers for any independent special district, as defined in Section 56044, in the office of the clerk or secretary of that district.

(b) In addition to filing pursuant to subdivision (a), a health officer appointed pursuant to Section 101000 or 101460 of the Health and Safety Code shall file their oath in the office of the Secretary of State.

(c) (1) In its discretion, the board of supervisors of a county may require every elected or appointed officer or department head of that county who legally changes their name, delegated authority, or department, within 10 days from the date of the change, to file a new oath of office in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000)).

(2) Notwithstanding any other law, including, but not limited to, Sections 1368 and 1369, failure of an elected or appointed officer or department head of a county to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime.

(d) Every oath of office filed pursuant to this section with the Secretary of State shall include the expiration date of the officer’s term of office, if any. In the case of an oath of office for an appointed officer, if there is no expiration date set forth in the oath, or the officer leaves office before the expiration date, the appointing authority shall report in writing to the Secretary of State the officer’s date of departure from office.

(e) The powers of an appointed officer of a county are no longer granted upon the officer’s departure from office. In its discretion, the board of supervisors of a county may require the appointing authority to rescind these powers in writing by filing a revocation in the same manner as the oath of office was filed.

history: (History: Amended (as amended by Stats. 2021, Ch. 615, Sec. 136) by Stats. 2022, Ch. 124, Sec. 1. (AB 2324) Effective January 1, 2023.)

title: 1. GENERAL

article: 4. Oath of Office


citation: GOV § 1364

text:
It is unlawful to remove a person from an office or position of public trust because such person has not complied with any law, charter, or regulation prescribing an additional test or qualification for such office or position of public trust, other than tests and qualifications provided for under civil service and retirement laws, whenever such person:

(a) Holds the office or position of public trust, and

(b) Upon entering upon the office or position of public trust, has taken, or after his election or appointment, has offered to take the oath of office prescribed by this article.

title: 1. GENERAL

article: 4. Oath of Office


citation: GOV § 1365

text: It is unlawful for any person having the power of removal from office of any officer to remove or threaten to remove the officer from his office because the officer, in the appointment of any person to a position of public trust under himself, refuses to require any additional test or qualification, other than the oath prescribed by this article and tests and qualifications provided for under civil service and retirement laws, as a condition of permitting the appointee to enter upon or remain in the position of public trust.

title: 1. GENERAL

article: 4. Oath of Office


citation: GOV § 1366

text: Any officer or person who is removed or threatened with removal from any office or position of public trust may bring an action to restrain such unlawful removal or to enforce restoration by process of injunction, both prohibitory and mandatory, if the real reason for the removal or threat thereof is noncompliance with provisions requiring such additional test or qualification or the refusal to require any additional test or qualification in the appointment to a position of public trust.

title: 1. GENERAL

article: 4. Oath of Office


citation: GOV § 1367

text: No compensation nor reimbursement for expenses incurred shall be paid to any officer by any public agency unless he has taken and subscribed to the oath or affirmation required by this chapter.

history: (History: Added by Stats. 1953, Ch. 1250.)

title: 1. GENERAL

article: 4. Oath of Office


citation: GOV § 1368

text: Every person who, while taking and subscribing to the oath or affirmation required by this chapter, states as true any material matter which he or she knows to be false, is guilty of perjury, and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 124. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

title: 1. GENERAL

article: 4. Oath of Office


citation: GOV § 1369

text: Every person having taken and subscribed to the oath or affirmation required by this chapter, who while holding office, advocates or becomes a member of any party or organization, political or otherwise, that advocates the overthrow of the government of the United States by force or violence or other unlawful means, is guilty of a felony, and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.

history: (History: Amended by Stats. 2011, Ch. 15, Sec. 125. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)

title: 1. GENERAL

article: 4. Oath of Office


citation: GOV § 1450

text: Unless otherwise provided, every official bond shall be filed in the proper office within the time prescribed for filing the oath.

title: 1. GENERAL

chapter: 3. Official Bonds

article: 1. General

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 3. Official Bonds > 1. General


citation: GOV § 1451

text: The approval of every official bond shall be indorsed thereon and signed by the officer approving the bond.

title: 1. GENERAL

article: 1. General


citation: GOV § 1452

text: No officer with whom any official bond is required to be filed shall file such bond until approved.

title: 1. GENERAL

article: 1. General


citation: GOV § 1453

text: Official bonds shall be recorded in a book kept for that purpose entitled “Record of Official Bonds.”

title: 1. GENERAL

article: 1. General


citation: GOV § 1454

text: Unless otherwise provided, the official bonds of state officers prescribed by law shall be approved by either the Governor or the Director of General Services and filed and recorded in the office of the Secretary of State.

history: (History: Amended by Stats. 1965, Ch. 371.)

title: 1. GENERAL

article: 1. General


citation: GOV § 1455

text: Unless otherwise provided, all official bonds of state officers and employees not expressly prescribed by law shall be forwarded to the Department of General Services for recordation. Upon such recordation the Department of General Services shall forward the bonds to the Secretary of State where they shall be filed.

title: 1. GENERAL

article: 1. General


citation: GOV § 1457

text: Unless otherwise provided, the official bonds of officers of a county and judicial district shall be approved by the presiding judge of the superior court, recorded in the office of the county recorder, and then filed in the county clerk’s office.

history: (History: Amended by Stats. 1983, Ch. 464, Sec. 1.7.)

title: 1. GENERAL

article: 1. General


citation: GOV § 1458

text: The bonds of supervisors, treasurers, county clerks, auditors, sheriffs, tax collectors, district attorneys, recorders, assessors, surveyors, superintendents of schools, public administrators, and coroners shall be approved by the presiding judge of the superior court before the bonds can be recorded and filed.

history: (History: Amended by Stats. 1996, Ch. 872, Sec. 34. Effective January 1, 1997.)

title: 1. GENERAL

article: 1. General


citation: GOV § 1459

text: After being recorded, the official bond of the county clerk shall be filed in the office of the county treasurer.

title: 1. GENERAL

article: 1. General


citation: GOV § 1460

text: Every officer with whom official bonds are filed shall carefully keep and preserve the bonds. He shall give certified copies thereof to any person demanding copies, upon being paid the same fees as are allowed by law for certified copies of papers in other cases.

title: 1. GENERAL

article: 1. General


text: The county recorder shall record the bond and return it to the county officer with whom it is required to be filed. Such officer shall keep the bond on file for one year following the expiration of the term of the office for which the bond was issued at which time said bond may be destroyed or otherwise disposed of.

history: (History: Added by Stats. 1967, Ch. 252.)

title: 1. GENERAL

article: 1. General


citation: GOV § 1461

text: Any person appointed to fill a vacancy shall give a bond, corresponding in substance and form with the bond required of the officer originally elected or appointed, before entering upon the duties of the office.

title: 1. GENERAL

article: 1. General


citation: GOV § 1462

text: No fee shall be charged by any officer to file or record any official bond of any official of this state or any political subdivision of this state.

history: (History: Added by Stats. 1965, Ch. 1105.)

title: 1. GENERAL

article: 1. General


citation: GOV § 1463

text: For the purposes of this chapter, a government crime insurance policy or employee dishonesty insurance policy, including faithful performance, may be provided as an alternative to the official bond by any county or city, subject to approval by the presiding judge of the superior court and recording and filing as provided in Sections 1457 to 1460.1, inclusive. An insurance policy procured pursuant to this section may be used as a master bond as though it were an official bond, subject to approval of the appointing power or the legislative body as provided in Section 1481.

history: (History: Added by Stats. 2004, Ch. 273, Sec. 1. Effective January 1, 2005.)

title: 1. GENERAL

article: 1. General


citation: GOV § 1480

text:
Every officer, agent or employee not required by statute to give an official bond may be required to give an individual official bond, or other form of individual bond, in the amount to be fixed by the appointing power and such bond shall inure to the benefit of the appointing power, state, county or municipality, by whom such officer, employee, or agent is employed as well as the officer under whom the employee or agent serves.

The appointing power shall obtain the approval of the Department of General Services before requiring any state officer, employee, or agent to give an individual bond pursuant to this section, and before including the name or position or office of any such officer, employee, or agent in a master bond as provided in Section 1481.

title: 1. GENERAL

article: 2. Bonds Not Required by Statute

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 3. Official Bonds > 2. Bonds Not Required by Statute


citation: GOV § 1481

text:
(a) When deemed expedient by the appointing power, a master official bond or other form of master bond may be used which shall provide coverage on more than one officer, employee, or agent who is required by the appointing power or the board of supervisors of a chartered or general law county to give bond.

(b) Notwithstanding any other provision of law, when deemed expedient by the legislative body of a local public agency, a master official bond or other form of master bond may be used which shall provide coverage on more than one officer, employee, or agent of the local public agency, whether elected or appointed, who is required by statute, regulation, the appointing power, the governing board of a local public agency, or the board of supervisors of a chartered or general law county to give bond.

(c) A master bond under this section shall be in the form and for the term which is approved by the appointing power or the legislative body of a local public agency, and shall inure to the benefit of the appointing power, state, or local public agency by whom the officer, employee, or agent is employed as well as the officer or officers under whom the employee or agent serves. If the master bond provides coverage on a public guardian or public administrator, then that master bond shall be for the joint benefit of the guardianship or administratorship estates, and the county to which the bond is issued.

(d) “Local public agency” means any city or county, whether general law or chartered, city and county, special district, school district, municipal corporation, political subdivision, joint powers authority or agency created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, or any board, commission, or agency thereof, or other local public agency, but shall not mean the state or any agency or department of the state.

(e) “Legislative body” means the board of supervisors of a county or city, or the governing board, by whatever name called, of a local public agency.

(f) In the case of the State of California, the form and content of the bond shall be subject to the approval of the Director of General Services.

history: (History: Amended by Stats. 1998, Ch. 876, Sec. 2. Effective January 1, 1999.)

title: 1. GENERAL

article: 2. Bonds Not Required by Statute


text: For the purposes of Section 1481 the board of supervisors of a county is deemed to be the appointing power of the adult probation officer, his assistants and deputies and the adult probation officer, his assistants and deputies are deemed to be employees of the county in which they are appointed. They may be included as covered employees in any master bond used in such county.

history: (History: Added by Stats. 1959, Ch. 1288.)

title: 1. GENERAL

article: 2. Bonds Not Required by Statute


citation: GOV § 1482

text: Each such bond may contain a provision authorizing the appointing power to cancel it, if it is an individual bond, or the contract of coverage of any officer, agent or employee covered thereunder, or the entire bond, if it is a master bond.

history: (History: Repealed and added by Stats. 1947, Ch. 1441.)

title: 1. GENERAL

article: 2. Bonds Not Required by Statute


citation: GOV § 1500

text: All official bonds shall be made payable to the State of California in such penalty and with such conditions as required by this article, or the law creating or regulating the duties of the office.

history: (History: Enacted by Stats. 1943, Ch. 134.)

title: 1. GENERAL

article: 3. Form and Conditions

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 3. Official Bonds > 3. Form and Conditions


citation: GOV § 1501

text: The condition of an official bond shall be that the principal will well, truly, and faithfully perform all official duties then required of him by law, and also all such additional duties as may be imposed on him by any existing law of the State or law enacted subsequently to the execution of the bond.

title: 1. GENERAL

article: 3. Form and Conditions


citation: GOV § 1504

text:
Every official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties therein for:

(a) Any and all breaches of the conditions thereof committed during the time such officer continues to discharge any of the duties of or hold the office, and whether such breaches are committed or suffered by the principal officer, his deputy, or clerk except that no officer of a county, city, or city and county, whose sole compensation by virtue of his office is a fixed salary established by the Legislature, the local governing body, or the board of supervisors, shall be personally liable for the negligent act or omission of any deputy or employee serving under him and performing the duties of his office, where the appointment or qualification of such deputy or employee is required to be and has been approved by the local governing body or the board of supervisors, or by the civil service commission, unless the officer failed to exercise due care in the selection appointment or supervision of such deputy or employee, or negligently failed to suspend or secure the discharge of such deputy or employee after knowledge or notice of his inefficiency or incompetency, and except that no state officer shall be personally liable for the negligent act or omission of any deputy or employee serving under him and performing the duties of his office, where the appointment or qualification of such deputy or employee is required to be and has been approved by the State Personnel Board, unless such officer failed to exercise due care in the selection, appointment, or supervision of such deputy or employee, or negligently failed to suspend or secure the discharge of such deputy or employee after knowledge or notice of his inefficiency or incompetency.

Nothing in this section shall be interpreted as placing any liability upon the principal officer for the act of a deputy or employee unless such liability is otherwise imposed upon the principal officer by law, nor shall this section be construed or interpreted as releasing or relieving any such county, city, or city and county of any liability for the negligent act or omission of any such deputy or employee otherwise imposed by law.

(b) The faithful discharge of all duties which may be required of such officer by any law enacted subsequently to the execution of the bond.

history: (History: Amended by Stats. 1957, Ch. 1642.)

title: 1. GENERAL

article: 3. Form and Conditions


citation: GOV § 1505

text: Whenever, except in criminal prosecutions, any special penalty, forfeiture, or liability is imposed on any officer of a county or judicial district for nonperformance or malperformance of official duties, the liability therefor attaches to the official bond of the officer, and to the principal and sureties thereon.

history: (History: Amended by Stats. 1951, Ch. 1553.)

title: 1. GENERAL

article: 3. Form and Conditions


citation: GOV § 1530

text: The officer whose duty it is to approve official bonds required of officers of a county or judicial district not named in Section 1458 shall not accept or approve any such bond unless the affidavit of each of the personal sureties on the bond contains a statement that the surety is a resident, and either an owner of real property or householder, within the county or within an adjoining county.

history: (History: Amended by Stats. 1982, Ch. 517, Sec. 241.)

title: 1. GENERAL

article: 4. Qualifications of Sureties

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 3. Official Bonds > 4. Qualifications of Sureties


citation: GOV § 1531

text: The sureties on the bonds of all officers of a county or judicial district named in Section 1458 shall first be approved by the presiding judge of the superior court as is provided for the approval of the bond of their principals, before their principals’ bonds may be recorded and filed.

history: (History: Amended by Stats. 1983, Ch. 464, Sec. 3.)

title: 1. GENERAL

article: 4. Qualifications of Sureties


citation: GOV § 1532

text: A member of the board of supervisors shall not be accepted as surety upon the official bond of any officer of a county or judicial district of his county. The sheriff, county clerk, tax collector, treasurer, recorder, auditor, assessor, or district attorney of the same county shall not become sureties upon official bonds for each other.

title: 1. GENERAL

article: 4. Qualifications of Sureties


citation: GOV § 1650

text: This article does not apply to notaries public.

title: 1. GENERAL

article: 8. Payment of Premiums

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 3. Official Bonds > 8. Payment of Premiums


citation: GOV § 1651

text:
The premium or charge for bonds given by surety companies for the officers, herein named, and for their deputies, clerks, assistants or subordinate officers shall be paid as follows:

(a) State officers, by the State.

(b) County officers, by the county.

(c) Officers of a judicial district, by the county in which the district is situated.

(d) School districts or other special district officers, by the school district or other special district, respectively.

(e) City officers, by the city.

title: 1. GENERAL

article: 8. Payment of Premiums


citation: GOV § 1652

text: No premium or charge paid by the state, a county, city, or district shall exceed one-half of 1 percent per annum on the amount of the bond, but a minimum premium or charge of twenty-five dollars ($25) per annum may be imposed.

history: (History: Amended by Stats. 1972, Ch. 1384.)

title: 1. GENERAL

article: 8. Payment of Premiums


citation: GOV § 1653

text: The payment of premiums for all bonds of deputies, clerks, assistants or subordinate officers of county officers shall not be a county charge unless the amount fixed for such bond has been approved by the board of supervisors.

history: (History: Amended by Stats. 1951, Ch. 879.)

title: 1. GENERAL

article: 8. Payment of Premiums


citation: GOV § 1750

text:
Resignations shall be in writing, and made as follows:

(a) By the Governor and Lieutenant Governor, to the Legislature, if it is in session; and if not, then to the Secretary of State.

(b) By all officers commissioned by the Governor, to the Governor.

(c) By Senators and Members of the Assembly, to the presiding officers of their respective houses, who shall immediately transmit the resignation to the Governor.

(d) By all officers of a county or special district other than an air pollution control district which includes territory in more than one county or a school district, not commissioned by the Governor, to the clerk of the board of supervisors of their respective counties, unless by the terms of the act under which a district is formed appointment to vacancies is made by other than the board of supervisors, in which case the resignation shall be submitted to the appointing body.

(e) By officers of a superior court, to the presiding judge.

(f) By officers of a municipal corporation, to the clerk of the legislative body of their corporation.

(g) By all other appointed officers, to the body or officer that appointed them.

history: (History: Amended by Stats. 2012, Ch. 470, Sec. 24. (AB 1529) Effective January 1, 2013.)

title: 1. GENERAL

chapter: 4. Resignations and Vacancies

article: 1. Resignations

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 4. Resignations and Vacancies > 1. Resignations


text: The Speaker of the Assembly and the Chairman of the Senate Rules Committee shall immediately inform the Governor in writing whenever a resignation has been made to them, pursuant to subparagraph (f) of Section 1750 of this chapter, from any board or commission having members appointed by the Speaker of the Assembly, the President pro Tempore of the Senate, or the Senate Rules Committee and whenever an appointment has been made by them to any board or commission having members appointed by the Speaker of the Assembly, the President pro Tempore of the Senate, or the Senate Rules Committee.

history: (History: Added by Stats. 1974, Ch. 1453.)

title: 1. GENERAL

article: 1. Resignations


citation: GOV § 1751

text: In all cases not otherwise provided for in this article or elsewhere, a resignation is made by filing the resignation in the office of the Secretary of State.

title: 1. GENERAL

article: 1. Resignations


citation: GOV § 1752

text:
(a) Except as provided in subdivision (b), no person elected or appointed to the governing body of any city, county, or district having an elected governing body, shall be appointed to fill any vacancy on that governing body during the term for which he or she was elected or appointed.

(b) With respect to a general law city, if a vacancy in the elected office of mayor occurs, the council may fill that vacancy by appointing a member of the council to the office of mayor. Any person appointed to fill the vacancy shall hold the office of mayor for the unexpired term of the former mayor. Any vacancy created in the membership of a city council as the result of an appointment of a member to the office of mayor shall be filled in accordance with Section 36512.

history: (History: Amended by Stats. 2003, Ch. 296, Sec. 3. Effective January 1, 2004.)

title: 1. GENERAL

article: 1. Resignations


citation: GOV § 1770

text:
An office becomes vacant on the happening of any of the following events before the expiration of the term:

(a) The death of the incumbent.

(b) An adjudication pursuant to a quo warranto proceeding declaring that the incumbent is physically or mentally incapacitated due to disease, illness, or accident, and that there is reasonable cause to believe that the incumbent will not be able to perform the duties of his or her office for the remainder of his or her term. This subdivision shall not apply to offices created by the California Constitution nor to federal or state legislators.

(c) (1) His or her resignation, except as provided in paragraph (2).

(2) In the case of the office of city council member, upon the delivery of a letter of resignation by the resigning council member to the city clerk. The letter of resignation may specify a date on which the resignation will become effective.

(d) His or her removal from office.

(e) His or her ceasing to be an inhabitant of the state, or if the office be local and one for which local residence is required by law, of the district, county, or city for which the officer was chosen or appointed, or within which the duties of his or her office are required to be discharged.

(f) His or her absence from the state without the permission required by law beyond the period allowed by law.

(g) His or her ceasing to discharge the duties of his or her office for the period of three consecutive months, except when prevented by sickness, or when absent from the state with the permission required by law.

(h) His or her conviction of a felony or of any offense involving a violation of his or her official duties. An officer shall be deemed to have been convicted under this subdivision when trial court judgment is entered. For purposes of this subdivision, “trial court judgment” means a judgment by the trial court either sentencing the officer or otherwise upholding and implementing the plea, verdict, or finding.

(i) His or her refusal or neglect to file his or her required oath or bond within the time prescribed.

(j) The decision of a competent tribunal declaring void his or her election or appointment.

(k) The making of an order vacating his or her office or declaring the office vacant when the officer fails to furnish an additional or supplemental bond.

(l) His or her commitment to a hospital or sanitarium by a court of competent jurisdiction as a drug addict, dipsomaniac, inebriate, or stimulant addict; but in that event the office shall not be deemed vacant until the order of commitment has become final.

(m) (1) The incumbent is listed in the Excluded Parties List System and all of the following subparagraphs apply:

(A) The office is one that the incumbent holds ex officio, by virtue of holding another office, or as an appointee.

(B) The appointed or ex officio office is on the governing board of a local agency that is, or may reasonably be expected to be, a participant or principal in a covered transaction, pursuant to federal law.

(C) A federal agency head or designee has not granted the incumbent an exception, in writing, permitting the incumbent to participate in a particular covered transaction in which the local agency is, or may reasonably be expected to be, a participant or principal.

(2) For purposes of this subdivision, the following terms have the following meanings:

(A) “Excluded Parties List System” means the list maintained and disseminated by the federal General Services Administration containing names of, and other information about, persons who are debarred, suspended, disqualified, or otherwise excluded from participating in a covered transaction, pursuant to federal law.

(B) “Local agency” includes, but is not limited to, a county, whether general law or chartered, city, whether general law or chartered, city and county, school district, municipal corporation, district, political subdivision, or any board, commission, or agency of one of these entities.

(C) “Federal law” includes, but is not limited to, federal regulations adopted pursuant to Section 2455 of Public Law 103-355 (108 Stat. 3327), Executive Order No. 11738, Executive Order No. 12549, and Executive Order No. 12689.

(3) This subdivision shall not apply to an elective office.

history: (History: Amended by Stats. 2014, Ch. 725, Sec. 1. (AB 1795) Effective January 1, 2015.)

title: 1. GENERAL

article: 2. Vacancies

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 4. Resignations and Vacancies > 2. Vacancies


text: The disqualification from holding office upon conviction, as provided in Section 1021, or the forfeiture of office upon conviction, as provided in subdivision (h) of Section 1770 and Section 3000, is neither stayed by the initiation of an appeal from the conviction, nor set aside by the successful prosecuting of an appeal from the conviction by the person suffering the conviction.

history: (History: Added by Stats. 1988, Ch. 283, Sec. 2.)

title: 1. GENERAL

article: 2. Vacancies


text:
Upon the entry of a plea of guilty, the entry of a plea of nolo contendere, or the rendering of a verdict of a guilty either by a jury or by the court sitting without a jury of a public offense, the conviction of which would invoke the provisions of Section 1021, subdivision (h) of Section 1770, or Section 3000, the person found guilty shall not assume the office for which the person is otherwise qualified or shall be suspended immediately from the office the person then holds. During the time of inability to assume an office or of suspension from office, the person shall not be entitled to receive the emoluments of the office, including, but not limited to, the exercise of the powers of the office, the rights to be seated in the office, and the compensation, including benefits, prescribed for the office.

In the event the trial court sets aside or otherwise nullifies the plea or verdict before the trial court judgment is entered, the inability to assume office or the suspension from holding office shall be lifted, and the person suspended from office shall be restored to office with its emoluments, including those that would have otherwise accrued during the suspension, excluding, however, interest on any monetary payment.

history: (History: Added by Stats. 1988, Ch. 283, Sec. 3.)

title: 1. GENERAL

article: 2. Vacancies


citation: GOV § 1771

text:
(a) When an officer is removed, declared insane, or convicted of a felony or offense involving a violation of his or her official duty, or when his or her election or appointment is declared void, the body or person before whom the proceedings are had shall give notice thereof to the officer or body empowered to fill the vacancy.

(b) When an office becomes vacant pursuant to subdivision (m) of Section 1770, the local agency on which the vacancy occurs shall give notice of that vacancy to the officer or body authorized to fill the vacancy.

history: (History: Amended by Stats. 2011, Ch. 543, Sec. 3. (AB 309) Effective January 1, 2012.)

title: 1. GENERAL

article: 2. Vacancies


citation: GOV § 1772

text: When any office becomes vacant and no mode is provided by law for filling the vacancy, the Governor shall fill the vacancy by granting a commission, to expire at the end of the next session of the Legislature or at the next election by the people.

title: 1. GENERAL

article: 2. Vacancies


citation: GOV § 1773

text:
When a vacancy occurs in the office of Representative to Congress, or in either house of the Legislature, the Governor shall within 14 calendar days after the occurrence of the vacancy issue a writ of election to fill the vacancy; provided, that when such vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governor’s discretion; and provided, further, that when a vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no special election shall be held.

The Governor shall issue the election proclamation under his hand and the Great Seal of the state, and transmit copies to the board of supervisors of the counties in which the election is to be held.

history: (History: Amended by Stats. 1976, Ch. 1155.)

title: 1. GENERAL

article: 2. Vacancies


text: In addition to any other applicable provision of law, a vacancy occurs in the office of Representative in Congress in the event of his or her disappearance, as defined in subdivision (c) of Section 10731 of the Elections Code.

history: (History: Added by Stats. 2002, Ch. 658, Sec. 5. Effective January 1, 2003.)

title: 1. GENERAL

article: 2. Vacancies


citation: GOV § 1774

text:
(a) When an office, the appointment to which is vested in the Governor and Senate, either becomes vacant or the term of the incumbent thereof expires, the Governor may appoint a person to the office or reappoint the incumbent after the expiration of the term. Until Senate confirmation of the person appointed or reappointed, that person serves at the pleasure of the Governor. If the term of office of an incumbent subject to this section expires, the Governor shall have 60 days after the expiration date to reappoint the incumbent. If the incumbent is not reappointed within the 60-day period, the office shall be deemed to be vacant as of the first day following the end of the 60-day period.

(b) With respect to the appointment or reappointment by the Governor of a person to an office subject to confirmation by the Senate, the Governor shall submit the name of the person appointed, or the name of the incumbent reappointed, and the effective date of the appointment or reappointment to the Senate or, if the Senate is in recess or has adjourned, to the Secretary of the Senate, within 60 days after the person first began performing the duties of the office, or, as to the reappointment of an incumbent, within 90 days after the expiration date of the term. If the Governor does not provide the required notification within 60 days after the person first began performing the duties of the office, or, as to the reappointment of an incumbent to an office after the expiration date of the term, within 90 days after the expiration of the term, the office shall be deemed to be vacant as of the first day immediately following the end of the applicable period.

(c) If the Senate either refuses to confirm, or fails to confirm within 365 days after the day the person first began performing the duties of the office, or, with respect to an incumbent whose appointment to that office previously had been confirmed by the Senate and who is reappointed to that office, within 365 days after the expiration date of the term, the following shall apply:

(1) If the Senate refuses to confirm, the person may continue to serve in that office until 60 days have elapsed since the refusal to confirm or until 365 days have elapsed since the person first began performing the duties of the office, whichever occurs first, or with respect to an incumbent whose appointment to that office previously had been confirmed by the Senate and who is reappointed to that office, until 60 days have elapsed since refusal or until 365 days after the expiration date of the prior term, and the office for which the appointment was made shall be deemed to be vacant as of the first day immediately following the end of the applicable period.

(2) If the Senate fails to confirm within the applicable 365-day period, the person may not continue to serve in that office, and the office for which the appointment was made shall be deemed to be vacant as of the first day immediately following the end of the 365-day period.

history: (History: Amended by Stats. 1982, Ch. 801, Sec. 1.)

title: 1. GENERAL

article: 2. Vacancies


text: Notwithstanding any other provision of law, whenever the appointment by the Governor of a person to a public office is subject to confirmation by the Senate, and the Senate confirms the appointment within the applicable period described in Section 1774, and the term of office is at the pleasure of the Governor, such confirmation shall be deemed the last act necessary for appointment and the Governor shall not be required to issue another commission to complete the act of appointment.

history: (History: Added by Stats. 1978, Ch. 195.)

title: 1. GENERAL

article: 2. Vacancies


text:
(a) For any person whose term of office expires prior to Senate confirmation and who is reappointed to that office, the time served prior to, as well as subsequent to, the expiration date of the prior term shall be counted for purposes of Section 1774.

(b) For any person who resigns an office prior to Senate confirmation and who is reappointed to that office at any time within 365 days of the resignation, the time served prior to, as well as subsequent to, the resignation shall be counted for purposes of Section 1774.

(c) The subsequent appointment of a person to an office 365 days or more after the date the person last served in that office shall be considered a new appointment, and not a reappointment, for purposes of Section 1774.

history: (History: Added by Stats. 1982, Ch. 801, Sec. 2.)

title: 1. GENERAL

article: 2. Vacancies


text: With respect to any body or entity having more than one member, including, but not limited to, a board, commission, or committee, “office” includes every position on the body or entity, regardless of qualifications, expiration date of the term, or duties and responsibilities of the position.

history: (History: Added by Stats. 1982, Ch. 801, Sec. 3.)

title: 1. GENERAL

article: 2. Vacancies


text: Notwithstanding any other provisions of law, no person holding an office which is deemed to be vacant pursuant to Section 1774 may, after the time the office has been deemed to be vacant pursuant to those provisions, continue to discharge the duties of the office, and no warrant shall be drawn by the Controller for the payment of any salary or expenses of that person attributable to the discharge of the duties of the office after that time. In addition, the Governor shall not reappoint the person to the same office for a period of 365 days after the time the office has been deemed to be vacant.

history: (History: Amended by Stats. 1982, Ch. 801, Sec. 4.)

title: 1. GENERAL

article: 2. Vacancies