text:
(a) Sections 1774, 1774.2, 1774.3, and 1774.5 shall apply to any person appointed, or reappointed, prior to, or on or after, January 1, 1981, except as follows:

(1) With respect to any person appointed prior to January 1, 1981, the 365-day period specified in Section 1774 shall not commence to run until January 1, 1981.

(2) With respect to the term of office of an incumbent which expires during the period from the first Monday after January 1 of the year a newly elected Governor takes office for the first time, until January 31 of that year, inclusive, the 60-day period specified in subdivision (a) of Section 1774 and the 90-day period specified in subdivision (b) of Section 1774 shall not commence to run until February 1 of that year.

(b) It is the intent of the Legislature that Sections 1774, 1774.2, 1774.3, and 1774.5 shall prevail over any contrary special or general provision of this code, any other code, or any uncodified statute of this state. These sections shall be construed as superseded by another statute only if that statute specifically provides that these sections shall not apply and expressly refers to the numbers of the sections superseded.

history: (History: Amended by Stats. 1986, Ch. 477, Sec. 1.)

title: 1. GENERAL

article: 2. Vacancies


kind: section

code: GOV

citation: GOV § 1775

text:
Whenever there is a vacancy in the office of the Superintendent of Public Instruction, the Lieutenant Governor, Secretary of State, Controller, Treasurer, or Attorney General, or on the State Board of Equalization, the Governor shall nominate a person to fill the vacancy who shall take office upon confirmation by a majority of the membership of the Senate and a majority of the membership of the Assembly and who shall hold office for the balance of the unexpired term. In the event the nominee is neither confirmed nor refused confirmation by both the Senate and the Assembly within 90 days of the submission of the nomination, the nominee shall take office as if he or she had been confirmed by a majority of the Senate and Assembly; provided, that if such 90-day period ends during a recess of the Legislature, the period shall be extended until the sixth day following the day on which the Legislature reconvenes.

After a vacancy has occurred in an office specified in this section and prior to the time such vacancy is filled as provided in this section, the chief deputy to the above constitutional officers shall discharge the duties of the office.

history: (History: Amended by Stats. 1977, Ch. 96.)

division: 4. PUBLIC OFFICERS AND EMPLOYEES

title: 1. GENERAL

chapter: 4. Resignations and Vacancies

article: 2. Vacancies

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


citation: GOV § 1776

text: Except as otherwise provided in the Constitution, when a person is appointed by the Governor, or by the Governor by and with the advice and consent of the Senate, either to fill a vacancy in any office or to fill an office when the appointment is not made until after the expiration of the preceding term, the appointee holds office only for the balance of the unexpired term as provided by the law creating the office.

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

title: 1. GENERAL

article: 2. Vacancies


citation: GOV § 1777

text: After filing his official oath and bond, any person elected or appointed to fill a vacancy possesses all the rights and powers and is subject to all the liabilities, duties, and obligations of the officer whose vacancy he fills.

title: 1. GENERAL

article: 2. Vacancies


citation: GOV § 1778

text: A vacancy in any appointive office on the governing board of a special district shall be filled by appointment by the board of supervisors of the county in which the larger portion of the district is located unless, by the terms of the act under which the district is formed, another method of appointment is expressly provided.

history: (History: Amended by Stats. 1974, Ch. 1271.)

title: 1. GENERAL

article: 2. Vacancies


citation: GOV § 1779

text: A vacancy on any appointed governing board of a special district shall be filled by the appointing authority within 90 days immediately subsequent to its occurrence. If no action is taken for a period of 90 days immediately subsequent to a vacancy on such a board, the board of supervisors of the county in which the larger portion of the district is located shall have authority to fill the vacancy by appointment.

history: (History: Amended by Stats. 1973, Ch. 934.)

title: 1. GENERAL

article: 2. Vacancies


citation: GOV § 1780

text:
(a) Notwithstanding any other provision of law, a vacancy in any elective office on the governing board of a special district, other than those specified in Section 1781, shall be filled pursuant to this section.

(b) The district shall notify the county elections official of the vacancy no later than 15 days after either the date on which the district board is notified of the vacancy or the effective date of the vacancy, whichever is later.

(c) The remaining members of the district board may fill the vacancy either by appointment pursuant to subdivision (d) or by calling an election pursuant to subdivision (e).

(d) (1) The remaining members of the district board shall make the appointment pursuant to this subdivision within 60 days after either the date on which the district board is notified of the vacancy or the effective date of the vacancy, whichever is later. The district shall post a notice of the vacancy in three or more conspicuous places in the district at least 15 days before the district board makes the appointment. The district shall notify the county elections official of the appointment no later than 15 days after the appointment.

(2) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general district election, the person appointed to fill the vacancy shall hold office until the next general district election that is scheduled 130 or more days after the date the district board is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.

(3) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general district election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall fill the balance of the unexpired term of office.

(e) (1) In lieu of making an appointment the remaining members of the board may within 60 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, call an election to fill the vacancy.

(2) The election called pursuant to this subdivision shall be held on the next established election date provided in Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is 130 or more days after the date the district board calls the election.

(f) (1) If the vacancy is not filled by the district board by appointment, or if the district board has not called for an election within 60 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, then the city council of the city in which the district is wholly located, or if the district is not wholly located within a city, the board of supervisors of the county representing the larger portion of the district area in which the election to fill the vacancy will be held, may appoint a person to fill the vacancy within 90 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, or the city council or board of supervisors may order the district to call an election to fill the vacancy.

(2) The election called pursuant to this subdivision shall be held on the next established election date provided in Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is 130 or more days after the date the city council or board of supervisors calls the election.

(g) (1) If within 90 days of the date the district board is notified of the vacancy or the effective date of the vacancy, whichever is later, the remaining members of the district board or the appropriate board of supervisors or city council have not filled the vacancy and no election has been called for, then the district board shall call an election to fill the vacancy.

(2) The election called pursuant to this subdivision shall be held on the next established election date provided in Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is 130 or more days after the date the district board calls the election.

(h) (1) Notwithstanding any other provision of this section, if the number of remaining members of the district board falls below a quorum, then at the request of the district secretary or a remaining member of the district board, the appropriate board of supervisors or the city council shall promptly appoint a person to fill the vacancy, or may call an election to fill the vacancy.

(2) The board of supervisors or the city council shall only fill enough vacancies by appointment or by election to provide the district board with a quorum.

(3) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general district election, the person appointed to fill the vacancy shall hold the office until the next general district election that is scheduled 130 or more days after the date the district board is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.

(4) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general district election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall fill the balance of the unexpired term of office.

(5) The election called pursuant to this subdivision shall be held on the next established election date provided in Chapter 1 (commencing with Section 1000) of Division 1 of the Elections Code that is held 130 or more days after the date the city council or board of supervisors calls the election.

history: (History: Amended by Stats. 2007, Ch. 343, Sec. 4. Effective January 1, 2008.)

title: 1. GENERAL

article: 2. Vacancies


citation: GOV § 1781

text: The provisions of Section 1780 shall not apply to a school district, a district organized pursuant to Division 6 (commencing with Section 11501) of the Public Utilities Code, or a district subject to the provisions of Chapter 5 (commencing with Section 22825) of Part 5 of Division 11 of the Water Code.

history: (History: Added by Stats. 1975, Ch. 1059.)

title: 1. GENERAL

article: 2. Vacancies


citation: GOV § 1782

text: Notwithstanding any other provision of the law, whenever a vacancy occurs on a state board or commission, or a seat on a board or commission is abolished by statute, the board or commission shall notify the appropriate appointing authority of this occurrence and the appropriate appointing authority shall notify the person occupying the vacated or abolished seat that the person may no longer serve on the board or commission. Except as provided in Section 1774, the person occupying the vacated or abolished seat on the board or commission shall continue to serve until notified by the appropriate appointing authority.

history: (History: Added by Stats. 1981, Ch. 438, Sec. 1.)

title: 1. GENERAL

article: 2. Vacancies


citation: GOV § 1850

text: Every officer is entitled to the possession of all books and papers pertaining to his office, or in the custody of a former incumbent by virtue of his office.

title: 1. GENERAL

chapter: 5. Obtaining Possession of Office

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 5. Obtaining Possession of Office


citation: GOV § 1851

text: If any person, including a former incumbent, refuses or neglects to deliver to the actual incumbent any such books or papers, the actual incumbent may petition any court of record sitting in the county where the person so refusing or neglecting resides, or any judge of the superior court residing therein.

title: 1. GENERAL


citation: GOV § 1852

text: After notice to the adverse party, the court or judge shall proceed in a summary way to hear the allegations and proof of the parties, and to order any such books or papers to be delivered to the petitioner.

title: 1. GENERAL


citation: GOV § 1853

text:
The execution of the order and the delivery of the books and papers may be enforced by:

(a) Attachment as for a witness.

(b) At the request of the petitioner, by a warrant directed to the sheriff of the county commanding him to search for those books and papers, and to take and deliver them to the petitioner.

history: (History: Amended by Stats. 1996, Ch. 872, Sec. 36. Effective January 1, 1997.)

title: 1. GENERAL


citation: GOV § 1854

text: Every person who wilfully and knowingly intrudes himself into any public office to which he has not been elected or appointed, and every person who, having been an executive, administrative or ministerial officer, wilfully exercises any of the functions of his office after his term has expired, and a successor has been elected or appointed and has qualified, is guilty of a misdemeanor.

title: 1. GENERAL


citation: GOV § 1855

text: Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, willfully and unlawfully(a) Mutilates, destroys, or takes away the records, papers, documents, or other writings appertaining or belonging to his office, or(b) Withholds or detains from his successor, or other person entitled thereto, the records, papers, documents, or other writings appertaining or belonging to his office, or any money or property in his custody as such officer,is punishable by imprisonment in the state prison.

history: (History: Amended by Stats. 1976, Ch. 1139.)

title: 1. GENERAL


citation: GOV § 3000

text: An officer forfeits his office upon conviction of designated crimes as specified in the Constitution and laws of the State.

title: 1. GENERAL

chapter: 7. Removal from Office

article: 1. General

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 7. Removal from Office > 1. General


citation: GOV § 3001

text: Any State, county, or city officer who is intoxicated while in discharge of the duties of his office, or by reason of intoxication is disqualified for the discharge of, or neglects his duties, is guilty of a misdemeanor. On conviction of such misdemeanor he forfeits his office, and the vacancy occasioned thereby shall be filled in the same manner as if the officer had filed his resignation in the proper office.

title: 1. GENERAL

article: 1. General


citation: GOV § 3002

text: Whenever the Governor is authorized to appoint a person to an office with the advice and consent of, or subject to confirmation by, the Senate, and no fixed term has been provided by law for such office, the Governor may at any time, without cause and without hearing, remove the incumbent from said office and fill the vacancy occasioned by such removal in the same manner as if the officer had filed his resignation in the proper office.

history: (History: Added by Stats. 1955, Ch. 1881.)

title: 1. GENERAL

article: 1. General


citation: GOV § 3003

text:
(a) An elected officer of the state or a city, county, city and county, or district in this state forfeits his or her office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2013 (18 U.S.C. Sec. 704) or the California Stolen Valor Act (as specified in Section 532b of the Penal Code), that involves a fraudulent claim, made with the intent to obtain money, property, or other tangible benefit, that the person is a veteran or a member of the Armed Forces of the United States, as prescribed in those acts.

(b) For purposes of this section, the following terms shall have the following meanings:

(1) “District” means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries.

(2) “Tangible benefit” means financial remuneration, an effect on the outcome of a criminal or civil court proceeding, or any benefit relating to service in the military that is provided by a federal, state, or local governmental entity.

history: (History: Amended by Stats. 2017, Ch. 576, Sec. 1. (AB 153) Effective January 1, 2018.)

title: 1. GENERAL

article: 1. General


citation: GOV § 3020

text: State officers elected on a statewide basis, members of the State Board of Equalization, and judges of state courts are subject to impeachment for misconduct in office.

history: (History: Amended by Stats. 1968, Ch. 312.)

title: 1. GENERAL

article: 2. Impeachment

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 7. Removal from Office > 2. Impeachment


text: The Senate when sitting as the court of impeachment is a court of record. The officers of the Senate are the officers of the court.

history: (History: Added by Stats. 1953, Ch. 206.)

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3021

text: All impeachments shall be by resolution adopted, originated in, and conducted by managers elected by the Assembly.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3022

text: The managers shall prepare articles of impeachment, present them at the bar of the Senate, and prosecute them. The trial shall be before the Senate, sitting as a court of impeachment.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3023

text: When an officer is impeached by the Assembly for a misdemeanor in office, the articles of impeachment shall be delivered to the President of the Senate.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3024

text: The Senate shall assign a day for the hearing of the impeachment and inform the Assembly thereof.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3025

text: Not less than 10 days before the day fixed for the hearing, the President of the Senate shall have served on the defendant a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3026

text: The service shall be made upon the defendant personally. If upon diligent inquiry he can not be found within the State, upon proof of that fact the Senate may order publication to be made, in such manner as it deems proper, of a notice requiring him to appear at a specified time and place and answer the articles of impeachment.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3027

text: If the defendant does not appear, upon proof of service or publication the Senate may, of its own motion or for cause shown, assign another day for hearing the impeachment, or may proceed to trial and judgment in the absence of the defendant.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3028

text: When the defendant appears, he may object in writing to the sufficiency of the articles of impeachment, or he may answer the articles by an oral plea of not guilty.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3029

text: If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the Senate who heard the argument, the defendant shall be ordered forthwith to answer the articles of impeachment. If he then pleads guilty, or refuses to plead, the Senate shall render judgment of conviction against him.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3030

text: If the defendant pleads not guilty, the Senate shall try the impeachment at the time it appoints. The plea shall be entered upon the Senate Journal, and puts in issue every material allegation of the articles of impeachment.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3031

text: At the time and place appointed, and before the Senate acts on the impeachment, the secretary shall administer to the President of the Senate, and the President of the Senate to each of the members of the Senate present, an oath truly and impartially to hear, try, and determine the impeachment. No member of the Senate can act or vote upon the impeachment, or upon any question arising thereon, without having taken such oath.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3032

text: The defendant can not be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes. If two-thirds of the members elected do not concur in a conviction, he shall be acquitted.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3033

text: After conviction and at the time appointed by the Senate, it shall pronounce judgment, in the form of a resolution entered upon the Senate Journal.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3034

text: On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the Senate.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3035

text: The judgment may be that the defendant be suspended, or that he be removed from office and disqualified to hold any office of honor, trust, or profit under the State.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3036

text: If judgment of suspension is given, during the continuance of the judgment the defendant is disqualified from receiving the salary, fees, or emoluments of the office.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3037

text: Whenever articles of impeachment against any officer subject to impeachment are presented to the Senate, the officer is temporarily suspended from his office and can not act in his official capacity until he is acquitted.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3038

text: Upon temporary suspension of any officer other than the Governor, his office shall at once be temporarily filled by an appointment made by the Governor, with the advice and consent of the Senate. The office shall be filled by the appointee until the acquittal of the party impeached or, in case of his removal, until the vacancy is filled at the next election.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3039

text: If the Lieutenant Governor is impeached, notice of the impeachment shall be immediately given to the Senate by the Assembly in order that another president may be chosen.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3040

text: If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not barred thereby.

title: 1. GENERAL

article: 2. Impeachment


citation: GOV § 3060

text: An accusation in writing against any officer of a district, county, or city, including any member of the governing board or personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for, or in, which the officer accused is elected or appointed. The grand jury presenting the accusation may also be the additional grand jury impaneled pursuant to Section 904.4, 904.6, or 904.8 of the Penal Code. An accusation may not be presented without the concurrence of at least 12 grand jurors, or at least 8 grand jurors in a county in which the required number of members of the grand jury is 11, or at least 14 grand jurors in a county in which the required number of members of the grand jury is 23.

history: (History: Amended by Stats. 2012, Ch. 134, Sec. 1. (SB 1357) Effective January 1, 2013.)

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 7. Removal from Office > 3. Removal Other Than by Impeachment


citation: GOV § 3061

text: The accusation shall state the offense charged in ordinary and concise language, and without repetition.

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3062

text: The accusation shall be delivered by the foreman of the grand jury to the district attorney of the county, unless he is the officer accused.

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3063

text: The district attorney shall have a copy of the accusation served upon the defendant, and by notice in writing shall require the accused to appear before the superior court of the county, at a time stated in the notice, and answer the accusation. Appearance shall not be required in less than 10 days from the service of the notice. After service, the original accusation shall be filed with the clerk of the court.

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3064

text: The defendant shall appear at the time stated in the notice and answer the accusation, unless for some sufficient cause the court assigns another day for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence.

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3065

text: The defendant may answer the accusation either by objecting to its sufficiency or any article therein, or by denying the truth of the accusation.

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3066

text: If he objects to the legal sufficiency of the accusation, the objection shall be in writing. The objection need not be in any specific form. It is sufficient if it presents intelligibly the grounds of the objection.

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3067

text: If he denies the truth of the accusation, the denial may be oral and without oath. The denial shall be entered upon the minutes.

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3068

text: If an objection to the sufficiency of the accusation is not sustained, the defendant shall answer thereto forthwith.

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3069

text: If the defendant pleads guilty, or refuses to answer the accusation, the court shall render judgment of conviction against him. If he denies the matters charged, the court shall immediately, or at such time as it appoints, try the accusation.

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3070

text: The trial shall be by a jury, and conducted in all respects in the same manner as the trial of an indictment.

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3071

text: The district attorney and the defendant are each entitled to such process as is necessary to enforce the attendance of witnesses as upon a trial of an indictment.

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3072

text: Upon a conviction and at the time appointed by the court it shall pronounce judgment that the defendant be removed from office. To warrant a removal, the judgment shall be entered upon the minutes, and the causes of removal shall be assigned therein.

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3073

text: The same proceedings may be had on like grounds for the removal of a district attorney, except that the accusation shall be delivered by the foreman of the grand jury to the clerk, and by him to a judge of the superior court of the county. The judge shall appoint a person to act as prosecuting officer in the matter, or place the accusation in the hands of the district attorney of an adjoining county, and require him to conduct the proceedings.

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3074

text: Any officer subject to removal pursuant to this article may be removed from office for willful or corrupt misconduct in office occurring at any time within the six years immediately preceding the presentation of an accusation by the grand jury.

history: (History: Added by Stats. 1971, Ch. 702.)

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3075

text: In a proceeding under this article, appeal is to the court of appeal.

history: (History: Added by Stats. 1998, Ch. 931, Sec. 178. Effective September 28, 1998.)

title: 1. GENERAL

article: 3. Removal Other Than by Impeachment


citation: GOV § 3100

text: It is hereby declared that the protection of the health and safety and preservation of the lives and property of the people of the state from the effects of natural, manmade, or war-caused emergencies which result in conditions of disaster or in extreme peril to life, property, and resources is of paramount state importance requiring the responsible efforts of public and private agencies and individual citizens. In furtherance of the exercise of the police power of the state in protection of its citizens and resources, all public employees are hereby declared to be disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law.

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

title: 1. GENERAL

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees


citation: GOV § 3101

text: For the purpose of this chapter the term “disaster service worker” includes all public employees and all volunteers in any disaster council or emergency organization accredited by the Office of Emergency Services. The term “public employees” includes all persons employed by the state or any county, city, city and county, state agency, or public district, excluding a person who is legally employed but who is not a citizen or national of the United States.

history: (History: Amended by Stats. 2021, Ch. 296, Sec. 29. (AB 1096) Effective January 1, 2022.)

title: 1. GENERAL

chapter: 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees


citation: GOV § 3102

text:
(a) All disaster service workers shall, before they enter upon the duties of their employment, take and subscribe to the oath or affirmation required by this chapter.

(b) In the case of intermittent, temporary, emergency or successive employments, then in the discretion of the employing agency, an oath taken and subscribed as required by this chapter shall be effective for the purposes of this chapter for all successive periods of employment which commence within one calendar year from the date of that subscription.

(c) Notwithstanding subdivision (b), the oath taken and subscribed by a person who is a member of an emergency organization sanctioned by a state agency or an accredited disaster council, whose members are duly enrolled or registered with the Office of Emergency Services, or any accredited disaster council of any political subdivision, shall be effective for the period the person remains a member with that organization.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 105. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

title: 1. GENERAL


citation: GOV § 3103

text: The oath or affirmation required by this chapter is the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.

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

title: 1. GENERAL


citation: GOV § 3104

text:
The oath or affirmation may be taken before any officer authorized to administer oaths. The oath or affirmation of any disaster service worker may be taken before his appointing power or before any person authorized in writing by his appointing power.

No fee shall be charged by any person before whom the oath or affirmation is taken and subscribed.

title: 1. GENERAL


citation: GOV § 3105

text:
(a) The oath or affirmation of any disaster service worker of the state shall be filed as prescribed by State Personnel Board rule within 30 days of the date on which it is taken and subscribed.

(b) The oath or affirmation of any disaster service worker of any county shall be filed in the office of the county clerk of the county or in the official department personnel file of the county employee who is designated as a disaster service worker.

(c) The oath or affirmation of any disaster service worker of any city shall be filed in the office of the city clerk of the city.

(d) The oath or affirmation of any disaster service worker of any other public agency, including any district, shall be filed with any officer or employee of the agency that may be designated by the agency.

(e) (1) In its discretion, the board of supervisors of a county may require every disaster service worker of that county who legally changes their name, within 10 days from the date of the change, to file a new oath or affirmation 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 3108 and 3109, failure of a disaster service worker to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime.

(f) The oath or affirmation of any disaster service worker may be destroyed without duplication five years after the termination of the disaster service worker’s service or, in the case of a public employee, five years after the termination of the employee’s employment.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 137. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

title: 1. GENERAL


citation: GOV § 3106

text: Compliance with this chapter shall, as to state employees, be deemed full compliance with Chapter 4, Part 1, Division 5, Title 2 of this code, requiring taking of oaths by state employees.

history: (History: Added by Stats. 1950, 3rd Ex. Sess., Ch. 7.)

title: 1. GENERAL


citation: GOV § 3107

text:
No compensation nor reimbursement for expenses incurred shall be paid to any disaster service worker by any public agency unless such disaster service worker has taken and subscribed to the oath or affirmation required by this chapter. It shall be the duty of the person certifying to public payrolls to ascertain and certify that such disaster service worker has taken such oath or affirmation. Whenever there is more than one officer certifying to public payrolls the governing body of a city or county or school district may designate and make it the duty of a certain officer or officers to ascertain and certify that such disaster service worker has taken such oath or affirmation. The governing body of a city or county or school district may designate and make it the duty of a local disaster service officer to ascertain and certify that each volunteer disaster service worker has taken such oath or affirmation.

Nothing in this chapter, however, shall prevent the correction of any technical error or deficiency in an oath taken pursuant to this chapter; provided, such correction is made before the disaster service worker is actually paid or reimbursed.

title: 1. GENERAL


citation: GOV § 3108

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. 126. (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


citation: GOV § 3109

text: Every person having taken and subscribed to the oath or affirmation required by this chapter, who, while in the employ of, or service with, the state or any county, city, city and county, state agency, public district, or disaster council or emergency organization 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. 127. (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


citation: GOV § 3110

text: This chapter shall be known and may be cited as the California State Government Volunteers Act.

history: (History: Added by Stats. 1978, Ch. 1195.)

title: 1. GENERAL

chapter: 8.5. Volunteers

article: 1. General

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 8.5. Volunteers > 1. General


citation: GOV § 3111

text:
As used in this chapter:

(a) “Volunteer” means any person who, of his own free will, provides goods or services, without any financial gain, to any state agency, as defined in Section 11000;

(b) “Administrative volunteer” means any person serving voluntarily on boards, commissions or other similar bodies with California state government; and

(c) “Direct service volunteer” means any person involved in specific volunteer service that includes one to one relationships or assistance to recipients of government services.

title: 1. GENERAL

article: 1. General


citation: GOV § 3112

text:
The Legislature finds and declares that:

(a) Since the spirit of volunteerism has long animated generations of Americans to give of their time and abilities to help others, the state would be wise to make use of volunteers in state service wherever practically possible.

(b) The spirit of citizen initiative and self-reliance that has prevailed throughout the United States for over the past two centuries needs to be recognized and fostered whenever possible in meeting the basic human needs in the state.

(c) In every community or neighborhood there are individuals who, by their personality, concern, experience, commitment, and training, can serve as citizen action leaders.

(d) There presently exists sufficient resources to assist citizen action efforts. There are an infinite number of skilled, experienced community groups, and volunteer organizations available to help mobilize citizen initiatives. Such groups include business and fraternal organizations, churches, women’s organizations, voluntary action centers, schools and other community organizations in both the public and private sectors.

(e) Legal and market disincentives and impediments need to be eliminated in order to establish an optimum environment for citizen initiative and volunteer action.

(f) There is a need for a clearinghouse, to provide information concerning resources and alternatives to foster self-reliance and citizen action.

(g) It is not the intent of the Legislature that volunteers replace or supplant public employees, where such employees are providing services deemed necessary for the government to perform, but that they add new dimensions to providing of governmental services.

title: 1. GENERAL

article: 1. General


citation: GOV § 3118

text: All volunteers shall comply with applicable department and other state policy and regulations. It shall be the responsibility of the state department in which a volunteer participates to insure this compliance.

title: 1. GENERAL

article: 3. Volunteers

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 8.5. Volunteers > 3. Volunteers


citation: GOV § 3119

text:
Each state department or division is hereby authorized to utilize the services of volunteers. Each state department or division utilizing the services of volunteers shall:

(a) Provide sufficient staff for the effective management and development of volunteer programs.

(b) Develop written rules governing job descriptions, recruitments, screening, training, responsibility, utilization, supervision, and insurance of volunteers.

(c) Take such actions as are necessary to insure that volunteers understand their duties and responsibilities.

title: 1. GENERAL

article: 3. Volunteers


text: The provisions of this article shall not apply to the Department of Aging’s use of volunteers, pursuant to the provisions of Titles III (42 U.S.C. 3021 and following), V (42 U.S.C. 3041 and following), and VII (42 U.S.C. 3045 and following) of the Older Americans Act.

title: 1. GENERAL

article: 3. Volunteers


text: Notwithstanding Section 3118, any state or local agency that chooses to utilize volunteers shall implement a policy whereby no person aged 60 years or older may be excluded from volunteer service if the person is physically, mentally, and professionally capable of performing the services involved. A person shall be deemed professionally capable if he or she can demonstrate reasonable proficiency or relevant certification and performs his or her professional duties in accordance with laws, regulations, or technical standards governing his or her area of volunteer responsibility.

history: (History: Added by Stats. 1998, Ch. 188, Sec. 1. Effective January 1, 1999.)

title: 1. GENERAL

article: 4. Senior Volunteers

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 8.5. Volunteers > 4. Senior Volunteers


citation: GOV § 3120

text: As used herein “local agency” means a county, city and county, city, school district, office of county superintendent of schools, or other special district.

history: (History: Amended by Stats. 1969, Ch. 938.)

title: 1. GENERAL

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 9. Travel Insurance of Officers and Employees


citation: GOV § 3121

text: Any local agency may, subject to rules and regulations promulgated by the legislative body thereof, insure its officers, directors, deputies, assistants, employees and agents for injury or death incurred while traveling on the business of the agency and the cost of such insurance shall be a proper charge against the local agency. Proceeds of such a policy shall be payable to a beneficiary named by the person insured or, if none is named, to his estate.

history: (History: Amended by Stats. 1973, Ch. 454.)

title: 1. GENERAL

chapter: 9. Travel Insurance of Officers and Employees


citation: GOV § 3122

text: The travel insurance authorized by this chapter shall be in addition to any compensation secured under Division 4 (commencing with Section 3201) of the Labor Code and inuring to the benefit of the officer, deputy, assistant, employee or agent, or his or her beneficiary or heir.

history: (History: Amended by Stats. 1982, Ch. 454, Sec. 36.)

title: 1. GENERAL


citation: GOV § 3123

text: The office of county superintendent of schools may carry a master policy for travel insurance on behalf of the school districts of the county.

history: (History: Amended by Stats. 1982, Ch. 454, Sec. 37.)

title: 1. GENERAL


citation: GOV § 3125

text:
For the purposes of this chapter:

(a) “Autonomous transit vehicle technology” means technology that has the capability to drive a vehicle without the active physical control by a human operator.

(b) “Plan to acquire or deploy” includes any public notification that initiates acquisition or deployment of autonomous transit vehicle technology.

(c) “Procurement process” means the issuance of a request for proposals, a solicitation of proposals, or a request for quotations.

(d) “Public transit employer” means any local governmental agency, including any city, county, city and county, special district, transit district, or joint powers authority, that provides public transit services within the state.

(e) “Public transit services” means the provision of passenger transportation services by the public transit employer to the general public, including paratransit service.

history: (History: Added by Stats. 2023, Ch. 419, Sec. 1. (AB 96) Effective January 1, 2024.)

title: 1. GENERAL

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 9.1. Public Transit Employer Obligations


citation: GOV § 3126

text:
(a) At least 10 months before beginning a procurement process to acquire or deploy any autonomous transit vehicle technology for public transit services that would eliminate job functions or jobs of the workforce, a public transit employer shall notify, in writing, the exclusive employee representative of the workforce affected by the autonomous transit vehicle technology of its determination to begin that procurement process.

(b) Nothing in this section shall supersede the exclusive employee representative’s right to disclosure of information by the public transit employer pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000)).

title: 1. GENERAL

chapter: 9.1. Public Transit Employer Obligations


citation: GOV § 3127

text:
(a) Upon a written request by the exclusive employee representative, the public transit employer and exclusive employee representative shall commence collective bargaining within 30 days of the exclusive employee representative receiving the notification required by subdivision (a) of Section 3126 or within 10 days of the public transit employer receiving the written request, whichever occurs later.

(b) The exclusive employee representative and the public transit employer shall only bargain over the following subjects, or related mandatory subjects of bargaining:

(1) Developing the new autonomous transit vehicle technology.

(2) Implementing the new autonomous transit vehicle technology.

(3) Creating a transition plan for affected workers.

(4) Creating plans to train and prepare the affected workforce to fill new positions created by a new autonomous transit vehicle technology.

title: 1. GENERAL


citation: GOV § 3128

text: This chapter shall not be construed as creating any labor requirements that are less protective of employees than any labor requirements created pursuant to statute or a collective bargaining agreement.

title: 1. GENERAL


citation: GOV § 3129

text: The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

title: 1. GENERAL


citation: GOV § 3130

text: The Public Employment Relations Board shall have jurisdiction to process unfair practice charges alleging violations of this chapter, but only as to transit district employers where the board has jurisdiction to process unfair practice charges. Should an employee organization file an unfair practice charge with the board under this chapter, the powers and duties of the board described in Section 3541.3 shall apply, as appropriate, to this chapter, and the regulations of the board shall apply to this chapter. The board shall perform its duties under this section consistent with its regulations and may make additional regulations. The board may also adopt, amend, or repeal all rules and regulations necessary to carry out this chapter as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption, amendment, or repeal of regulations pursuant to this section is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1.

title: 1. GENERAL


citation: GOV § 3140

text:
The Legislature finds as follows:

(a) Public employers, including the state and the University of California, are among the largest employers in the state, offering medical and other health care benefits to hundreds of thousands of employees and their family members. Employers typically contribute all or part of the premium cost for employees and their dependent family members; employees may also contribute part of their pay to cover the premium cost.

(b) Many of California’s large employers, including the state, counties, municipalities, and the University of California, operate hospitals, medical clinics, and other health care delivery systems. To protect public health, staff at these medical facilities should have uninterrupted access to health care services.

(c) Employers have previously threatened to or actually suspended their health care insurance contributions for striking employees, which upends workers’ and their family members’ access to health services.

(d) Even a temporary lapse of health insurance coverage can have ripple effects on working families, their surrounding communities, and public health.

(e) Working people and their family members who are denied access to their doctors, prescriptions, and necessary treatment during a strike may go without care, enroll in a publicly financed safety net plan, or seek uncompensated care, typically from public health care providers.

(f) The COVID-19 pandemic has strained California’s public health safety net programs, and future federal funding for the Medi-Cal program is in jeopardy.

(g) It is a matter of statewide concern that access to health and other medical care continue and that employers not suspend coverage or their contributions towards premiums for workers or their dependent family members during a strike.

(h) It is also a matter of statewide concern that the temporary loss of coverage during a strike harms not only the striking worker, but also harms dependent family members and the surrounding community, and further strains the already stretched public social safety net on which so many people depend.

(i) Therefore, it is the intent of the Legislature to prohibit the activities referenced in this chapter.

history: (History: Added by Stats. 2021, Ch. 740, Sec. 1. (AB 237) Effective January 1, 2022.)

title: 1. GENERAL

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 9.4. Public Employee Health Protection Act


citation: GOV § 3141

text:
For the purposes of this chapter, the following definitions apply:

(a) “Authorized strike” means a strike sanctioned by the central labor council or the membership of an employee organization that represents the striking employees, or one that is engaged in by unrepresented employees.

(b) “Covered employer” includes any public employer, including, but not limited to, those identified in subdivision (c) of Section 3552, that offers health care or other medical coverage for nonoccupational injuries or illness to its employees.

(c) “Dependent” means a person who receives health care or other medical coverage based on their relationship to an employee of a covered employer, such as an employee’s spouse, domestic partner, child, or other family member.

(d) “Health care or other medical coverage” includes medical, behavioral health, dental, vision, disability, accidental death and dismemberment, life, and supplemental health insurance benefits provided through any governmental plan, as defined in 29 U.S.C. Sec. 1002(32).

title: 1. GENERAL

chapter: 9.4. Public Employee Health Protection Act


citation: GOV § 3142

text:
(a) It shall be an unfair practice for a covered employer to do any of the following:

(1) Fail or refuse to maintain and pay for continued health care or other medical coverage for an enrolled employee or their enrolled dependents, for the duration of the enrolled employee’s participation in an authorized strike, at the level and under the conditions that coverage would have been provided if the employee had continued to work in their position for the duration of the strike.

(2) Fail to collect and remit the employee’s contributions, if any, to this coverage.

(3) Maintain any policy purporting to authorize any action prohibited by this section or otherwise threaten an employee’s or their dependents’ continued access to health and other medical care during or as a result of the employee’s participation in a strike.

(b) Any health or other medical care premiums, contributions, or out-of-pocket expenses actually paid by the employee or their dependents as a result of the employer’s violation of this section, or because the employer failed to ensure continued coverage during a strike, shall be restored along with any other equitable adjustments necessary and proper under the circumstances to ensure that the employee and their dependents are made whole.

(c) The Public Employment Relations Board shall have jurisdiction over any violation of this chapter as an unfair practice. The powers and duties of the board described in Section 3541.3 of the Government Code shall apply, as appropriate, to this chapter.

(d) This chapter shall be construed liberally to effectuate its purposes, to protect employees’ access to health care during a labor dispute and to preserve state resources, to the fullest extent not preempted by federal law.

(e) The provisions of this chapter apply in addition to any other protections provided to employees under any memorandum of understanding or under any state or local law.

(f) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(g) This chapter is declaratory of, and clarifies, existing law by making some of the prohibitions and applicable remedies available under current law explicit in statute. This chapter does not limit any retaliation or discrimination protections workers may have under the law.

title: 1. GENERAL


citation: GOV § 3201

text: The Legislature finds that political activities of public employees are of significant statewide concern. The provisions of this chapter shall supersede all provisions on this subject in the general law of this state or any city, county, or city and county charter except as provided in Section 3207.

history: (History: Repealed and added by Stats. 1976, Ch. 1422.)

title: 1. GENERAL

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 9.5. Political Activities of Public Employees


citation: GOV § 3202

text:
This chapter applies to all officers and employees of a state or local agency.

(a) “Local agency” means a county, city, city and county, political subdivision, district other than a school district, or municipal corporation. Officers and employees of a given local agency include officers and employees of any other local agency whose principal duties consist of providing services to the given local agency.

(b) “State agency” means every state office, department, division, bureau, board, commission, superior court, court of appeal, the Supreme Court, the California State University, the University of California, and the Legislature.

history: (History: Amended by Stats. 1983, Ch. 143, Sec. 175.)

title: 1. GENERAL

chapter: 9.5. Political Activities of Public Employees


citation: GOV § 3203

text: Except as otherwise provided in this chapter, or as necessary to meet requirements of federal law as it pertains to a particular employee or employees, no restriction shall be placed on the political activities of any officer or employee of a state or local agency.

title: 1. GENERAL


citation: GOV § 3204

text: No one who holds, or who is seeking election or appointment to, any office or employment in a state or local agency shall, directly or indirectly, use, promise, threaten or attempt to use, any office, authority, or influence, whether then possessed or merely anticipated, to confer upon or secure for any individual person, or to aid or obstruct any individual person in securing, or to prevent any individual person from securing, any position, nomination, confirmation, promotion, or change in compensation or position, within the state or local agency, upon consideration or condition that the vote or political influence or action of such person or another shall be given or used in behalf of, or withheld from, any candidate, officer, or party, or upon any other corrupt condition or consideration. This prohibition shall apply to urging or discouraging the individual employee’s action.

title: 1. GENERAL


citation: GOV § 3205

text:
(a) An officer or employee of a local agency shall not, directly or indirectly, solicit a political contribution from an officer or employee of that agency, or from a person on an employment list of that agency, with knowledge that the person from whom the contribution is solicited is an officer or employee of that agency.

(b) A candidate for elective office of a local agency shall not, directly or indirectly, solicit a political contribution from an officer or employee of that agency, or from a person on an employment list of that agency, with knowledge that the person from whom the contribution is solicited is an officer or employee of that agency.

(c) This section shall not prohibit an officer or employee of a local agency, or a candidate for elective office in a local agency, from requesting political contributions from officers or employees of that agency if the solicitation is part of a solicitation made to a significant segment of the public which may include officers or employees of that local agency.

(d) Violation of this section is punishable as a misdemeanor. The district attorney shall have all authority to prosecute under this section.

(e) For purposes of this section, the term “contribution” shall have the same meaning as defined in Section 82015.

history: (History: Repealed and added by Stats. 1995, Ch. 653, Sec. 2. Effective January 1, 1996.)

title: 1. GENERAL


text: No one who holds, or who is seeking election or appointment to, any office shall, directly or indirectly, offer or arrange for any increase in compensation or salary for an employee of a state or local agency in exchange for, or a promise of, a contribution or loan to any committee controlled directly or indirectly by the person who holds, or who is seeking election or appointment to, an office. A violation of this section is punishable by imprisonment in a county jail for a period not exceeding one year, a fine not exceeding five thousand dollars ($5,000), or by both that imprisonment and fine.

history: (History: Added by Stats. 1997, Ch. 206, Sec. 1. Effective January 1, 1998.)

title: 1. GENERAL


citation: GOV § 3206

text: No officer or employee of a local agency shall participate in political activities of any kind while in uniform.

title: 1. GENERAL


citation: GOV § 3207

text:
Any city, county, or city and county charter or, in the absence of a charter provision, the governing body of any local agency and any agency not subject to Section 19251 by establishing rules and regulations, may prohibit or otherwise restrict the following:

(a) Officers and employees engaging in political activity during working hours.

(b) Political activities on the premises of the local agency.

history: (History: Added by Stats. 1976, Ch. 1422.)

title: 1. GENERAL


citation: GOV § 3208

text: Except as provided in Section 19990, the limitations set forth in this chapter shall be the only restrictions on the political activities of state employees.

history: (History: Amended by Stats. 1983, Ch. 142, Sec. 25.)

title: 1. GENERAL


citation: GOV § 3209

text: Nothing in this chapter prevents an officer or employee of a state or local agency from soliciting or receiving political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of officers or employees of such state or local agency, except that a state or local agency may prohibit or limit such activities by its employees during their working hours and may prohibit or limit entry into governmental offices for such purposes during working hours.

title: 1. GENERAL


citation: GOV § 3250

text: This chapter shall be known, and may be cited, as the Firefighters Procedural Bill of Rights Act.

history: (History: Added by Stats. 2007, Ch. 591, Sec. 2. Effective January 1, 2008.)

title: 1. GENERAL

chapter: 9.6. Firefighters

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 9.6. Firefighters


citation: GOV § 3251

text:
For purposes of this chapter, the following definitions apply:

(a) (1) “Firefighter” means any firefighter employed by a public agency, including, but not limited to, any firefighter who is a paramedic or emergency medical technician, irrespective of rank. “Firefighter” also means an employee of the Department of Forestry and Fire Protection holding a temporary appointment to a firefighter position and employed as a seasonal firefighter.

(2) Notwithstanding paragraph (1), “firefighter” does not include an inmate of a state or local correctional agency who performs firefighting or related duties or persons who are subject to Chapter 9.7 (commencing with Section 3300).

(3) Except as provided in paragraph (4), this chapter does not apply to any employee who has not successfully completed the probationary period established by the employee’s employer as a condition of employment.

(4) Notwithstanding paragraph (3), this chapter shall apply to an employee of the Department of Forestry and Fire Protection holding a temporary appointment to a firefighter position who has commenced employment in a second consecutive fire season with the department even though the person holding this position does not serve a probationary period.

(b) “Public agency” has the meaning given that term by Section 53101.

(c) “Punitive action” means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.

history: (History: Amended by Stats. 2021, Ch. 722, Sec. 1. (SB 206) Effective January 1, 2022.)

title: 1. GENERAL


citation: GOV § 3252

text:
(a) Except as otherwise provided in Chapter 9.5 (commencing with Section 3201), or whenever on duty or in uniform, no firefighter shall be prohibited from engaging, or be coerced or required to engage, in political activity.

(b) A firefighter shall not be prohibited from seeking election to, or serving as a member of, the governing board of a school district, or any local agency where the firefighter is not employed, including, but not limited to, any city, county, city and county, or special district, or political subdivision thereof.

title: 1. GENERAL


citation: GOV § 3253

text:
When any firefighter is under investigation and subjected to interrogation by his or her commanding officer, or any other member designated by the employing department or licensing or certifying agency, that could lead to punitive action, the interrogation shall be conducted under the following conditions:

(a) The interrogation shall be conducted at a reasonable hour, at a time when the firefighter is on duty, unless an imminent threat to the safety of the public requires otherwise. If the interrogation does occur during off-duty time of the firefighter being interrogated, the firefighter shall be compensated for any off-duty time in accordance with regular department procedures. The firefighter’s compensation shall not be reduced as a result of any work missed while being interrogated.

(b) The firefighter under investigation shall be informed, prior to the interrogation, of the rank, name, and command of the officer or other person in charge of the interrogation, the interrogating officer, and all other persons to be present during the interrogation. All questions directed to the firefighter under interrogation shall be asked by and through no more than two interrogators at one time.

(c) The firefighter under investigation shall be informed of the nature of the investigation prior to any interrogation.

(d) The interrogating session shall be for a reasonable period taking into consideration the gravity and complexity of the issue being investigated. The person under interrogation shall be allowed reasonable breaks to attend to his or her own personal physical necessities.

(e) (1) The firefighter under interrogation shall not be subjected to offensive language or threatened with punitive action. A promise of reward shall not be made as an inducement to answering any question. The employer shall provide to, and obtain from, an employee a formal grant of immunity from criminal prosecution, in writing, before the employee may be compelled to respond to incriminating questions in an interrogation. Subject to that grant of immunity, a firefighter refusing to respond to questions or submit to interrogations shall be informed that the failure to answer questions directly related to the investigation or interrogation may result in punitive action.

(2) The employer shall not cause the firefighter under interrogation to be subjected to visits by the press or news media without his or her express written consent free of duress, and the firefighter’s photograph, home address, telephone number, or other contact information shall not be given to the press or news media without his or her express written consent.

(f) A statement made during interrogation by a firefighter under duress, coercion, or threat of punitive action shall not be admissible in any subsequent judicial proceeding, subject to the following qualifications:

(1) This subdivision shall not limit the use of statements otherwise made by a firefighter when the employing fire department is seeking civil service sanctions against any firefighter, including disciplinary action brought under Section 19572.

(2) This subdivision shall not prevent the admissibility of statements otherwise made by the firefighter under interrogation in any civil action, including administrative actions, brought by that firefighter, or that firefighter’s exclusive representative, arising out of a disciplinary action.

(g) The complete interrogation of a firefighter may be recorded. If a recording is made of the interrogation, the firefighter shall have access to the recording if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The firefighter shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those portions that are otherwise required by law to be kept confidential. Notes or reports that are deemed to be confidential shall not be entered in the firefighter’s personnel file. The firefighter being interrogated shall have the right to bring his or her own recording device and record any and all aspects of the interrogation.

(h) If, prior to or during the interrogation of a firefighter, it is contemplated that he or she may be charged with a criminal offense, he or she shall be immediately informed of his or her constitutional rights.

(i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that may result in punitive action against any firefighter, that firefighter, at his or her request, shall have the right to be represented by a representative of his or her choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, or be subject to any punitive action for refusing to disclose, any information received from the firefighter under investigation for noncriminal matters.

This section shall not be construed to apply to counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other firefighter.

(j) A firefighter shall not be loaned or temporarily reassigned to a location or duty assignment if a firefighter in his or her department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances.

title: 1. GENERAL


citation: GOV § 3254

text:
(a) A firefighter shall not be subjected to punitive action, or denied promotion, or be threatened with that treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure.

(b) Punitive action or denial of promotion on grounds other than merit shall not be undertaken by any employing department or licensing or certifying agency against any firefighter who has successfully completed the probationary period without providing the firefighter with an opportunity for administrative appeal.

(c) A fire chief shall not be removed by a public agency or appointing authority without providing that person with written notice, the reason or reasons for removal, and an opportunity for administrative appeal.

For purposes of this subdivision, the removal of a fire chief by a public agency or appointing authority, for the purpose of implementing the goals or policies, or both, of the public agency or appointing authority, or for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, shall be sufficient to constitute “reason or reasons.”

Nothing in this subdivision shall be construed to create a property interest, if one does not otherwise exist by rule or law, in the job of fire chief.

(d) Punitive action or denial of promotion on grounds other than merit shall not be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of discovery by the employing fire department or licensing or certifying agency. This one-year limitation period shall apply only if the discovery of the act, omission, or other misconduct occurred on or after January 1, 2008. If the employing department or licensing or certifying agency determines that discipline may be taken, it shall complete its investigation and notify the firefighter of its proposed disciplinary action within that year, except in any of the following circumstances:

(1) If the firefighter voluntarily waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.

(2) If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period.

(3) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.

(4) If the investigation involves an employee who is incapacitated or otherwise unavailable.

(5) If the investigation involves a matter in civil litigation where the firefighter is named as a party defendant, the one-year time period shall be tolled while that civil action is pending.

(6) If the investigation involves a matter in criminal litigation in which the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant’s criminal investigation and prosecution.

(7) If the investigation involves an allegation of workers’ compensation fraud on the part of the firefighter.

(8) If an investigation involves an employee of the Department of Forestry and Fire Protection holding a temporary appointment to a firefighter position, as described in paragraph (4) of subdivision (a) of Section 3251, the one-year limitation period prescribed by this subdivision shall be tolled during any period that the employee is not employed by the department until the date the employee is rehired for a subsequent fire season.

(e) If a predisciplinary response or grievance procedure is required or utilized, the time for that response or procedure shall not be governed or limited by this chapter.

(f) If, after investigation and any predisciplinary response or procedure, the employing department or licensing or certifying agency decides to impose discipline, that agency shall notify the firefighter in writing of its decision to impose discipline within 30 days of its decision, but not less than 48 hours prior to imposing the discipline.

(g) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a firefighter if both of the following circumstances exist:

(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation.

(2) One of the following conditions exists:

(A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency.

(B) The evidence resulted from the firefighter’s predisciplinary response or procedure.

history: (History: Amended by Stats. 2021, Ch. 722, Sec. 2. (SB 206) Effective January 1, 2022.)

title: 1. GENERAL


text:
(a) An administrative appeal instituted by a firefighter under this chapter shall be conducted in conformance with rules and procedures adopted by the employing department or licensing or certifying agency that are in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2.

(b) Notwithstanding subdivision (a), if the employing department is subject to a memorandum of understanding that provides for binding arbitration of administrative appeals, the arbitrator or arbitration panel shall serve as the hearing officer in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 and, notwithstanding any other provision, that hearing officer’s decision shall be binding. However, a memorandum of understanding negotiated with an employing agency shall not control the process for administrative appeals instituted with licensing or certifying agencies. Any administrative appeal instituted with licensing or certifying agencies shall adhere to the requirements prescribed in subdivision (a).

history: (History: Amended by Stats. 2011, Ch. 296, Sec. 113. (AB 1023) Effective January 1, 2012.)

title: 1. GENERAL


text:
(a) (1) An employee of the Department of Forestry and Fire Protection holding a temporary appointment to a firefighter position, as described in paragraph (4) of subdivision (a) of Section 3251, shall not be terminated for cause without a right to appeal the termination to the State Personnel Board subject to the board’s rules.

(2) The State Personnel Board shall hold a formal evidentiary hearing concerning an appeal under this section, following the same procedure as in state civil service proceedings. The employee shall have the burden of proof to show that the termination was not supported by a preponderance of the evidence or was implemented in bad faith.

(3) If the State Personnel Board finds that cause for termination was not supported by a preponderance of the evidence or that the termination was made in bad faith, the employee shall be entitled to a decision from the board that the termination was without fault. The employee shall also be entitled to reinstatement to the employee’s position within seven days of the board’s decision, if the fire season during which the employee was working has not ended. If the fire season during which the employee was working has ended as of the date of the decision, the employee shall have the right to reemployment to a new temporary appointment for the next fire season, provided the employee meets minimum qualifications for the position and temporary appointments are made. The employee shall not be entitled to back pay.

(b) Nothing in this section shall be construed to create a property interest in any temporary appointment to a firefighter position or to a permanent position within the state.

history: (History: Added by Stats. 2021, Ch. 722, Sec. 3. (SB 206) Effective January 1, 2022.)

title: 1. GENERAL


citation: GOV § 3255

text: A firefighter shall not have any comment adverse to his or her interest entered in his or her personnel file, or any other file used for any personnel purposes by his or her employer, without the firefighter having first read and signed the instrument containing the adverse comment indicating he or she is aware of the comment. However, the entry may be made if after reading the instrument the firefighter refuses to sign it. That fact shall be noted on that document, and signed or initialed by the firefighter.

title: 1. GENERAL


citation: GOV § 3256

text: A firefighter shall have 30 days within which to file a written response to any adverse comment entered in his or her personnel file. The written response shall be attached to, and shall accompany, the adverse comment.

title: 1. GENERAL


text:
(a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a firefighter, during usual business hours, with no loss of compensation to the firefighter, permit that firefighter to inspect personnel files that are used or have been used to determine that firefighter’s qualifications for employment, promotion, additional compensation, or termination or other disciplinary action.

(b) Each employer shall keep each firefighter’s personnel file or a true and correct copy thereof, and shall make the file or copy thereof available within a reasonable period of time after a request therefor by the firefighter.

(c) If, after examination of the firefighter’s personnel file, the firefighter believes that any portion of the material is mistakenly or unlawfully placed in the file, the firefighter may request, in writing, that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision shall include a statement by the firefighter describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions. A statement submitted pursuant to this subdivision shall become part of the personnel file of the firefighter.

(d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the employer shall either grant the firefighter’s request or notify the officer of the decision to refuse to grant the request. If the employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons for refusing the request, and that written statement shall become part of the personnel file of the firefighter.

title: 1. GENERAL


citation: GOV § 3257

text:
(a) A firefighter shall not be compelled to submit to a lie detector test against his or her will.

(1) Disciplinary action or other recrimination shall not be taken against a firefighter refusing to submit to a lie detector test.

(2) No comment shall be entered anywhere in the investigator’s notes or anywhere else that the firefighter refused to take, or did not take, a lie detector test.

(3) Testimony or evidence to the effect that the firefighter refused to take, or was subjected to, a lie detector test shall not be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative.

(b) For the purpose of this section, “lie detector” means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual.

title: 1. GENERAL


citation: GOV § 3258

text: A firefighter shall not be required or requested for purposes of job assignment or other personnel action to disclose any item of his or her property, income, assets, source of income, debts, or personal or domestic expenditures, including those of any member of his or her family or household, unless that information is otherwise required to be furnished under state law or obtained pursuant to court order.

title: 1. GENERAL


citation: GOV § 3259

text: A firefighter shall not have his or her locker or other space for storage that may be assigned to him or her searched except in his or her presence, or with his or her consent, or unless a valid search warrant has been obtained or unless he or she has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing department or licensing or certifying agency.

title: 1. GENERAL


citation: GOV § 3260

text:
(a) It shall be unlawful for any employing department or licensing or certifying agency to deny or refuse to any firefighter the rights and protections guaranteed by this chapter.

(b) The superior court shall have initial jurisdiction over any proceeding brought by any firefighter against any employing department or licensing or certifying agency for alleged violations of this chapter.

(c) (1) If the superior court finds that the employing department or licensing or certifying agency has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order or preliminary or permanent injunction prohibiting the employing department or licensing or certifying agency from taking any punitive action against the firefighter.

(2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been brought pursuant to this chapter, the court may order sanctions against the party filing the action, the party’s attorney, or both, pursuant to Sections 128.6 and 128.7 of the Code of Civil Procedure. Those sanctions may include, but not be limited to, reasonable expenses, including attorney’s fees, incurred by a fire department as the court deems appropriate. Nothing in this paragraph is intended to subject actions or filings under this section to rules or standards that are different from those applicable to other civil actions or filings subject to Section 128.6 or 128.7 of the Code of Civil Procedure.

(d) In addition to the extraordinary relief afforded by this chapter, upon a finding by a superior court that a fire department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the firefighter, the fire department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the firefighter whose right or protection was denied and for reasonable attorney’s fees as may be determined by the court. If the court so finds, and there is sufficient evidence to establish actual damages suffered by the firefighter whose right or protection was denied, the fire department shall also be liable for the amount of the actual damages. Notwithstanding these provisions, a fire department may not be required to indemnify a contractor for the contractor’s liability pursuant to this subdivision if there is, within the contract between the fire department and the contractor, a “hold harmless” or similar provision that protects the fire department from liability for the actions of the contractor. An individual shall not be liable for any act for which a fire department is liable under this section.

title: 1. GENERAL


citation: GOV § 3261

text: Nothing in this chapter shall in any way be construed to limit the ability of any employing department, licensing or certifying agency, or any firefighter to fulfill mutual aid agreements with other jurisdictions or agencies, and this chapter shall not be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where that activity is deemed necessary or desirable by the jurisdictions or agencies involved.

title: 1. GENERAL


citation: GOV § 3262

text: The rights and protections described in this chapter shall only apply to a firefighter during events and circumstances involving the performance of his or her official duties.

title: 1. GENERAL


citation: GOV § 3300

text: This chapter is known and may be cited as the Public Safety Officers Procedural Bill of Rights Act.

history: (History: Added by Stats. 1976, Ch. 465.)

title: 1. GENERAL

chapter: 9.7. Public Safety Officers

path: 1. GENERAL > 4. PUBLIC OFFICERS AND EMPLOYEES > 9.7. Public Safety Officers


citation: GOV § 3301

text:
For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code.

The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California.

history: (History: Amended by Stats. 1990, Ch. 675, Sec. 1.)

title: 1. GENERAL


citation: GOV § 3302

text:
(a) Except as otherwise provided by law, or whenever on duty or in uniform, no public safety officer shall be prohibited from engaging, or be coerced or required to engage, in political activity.

(b) No public safety officer shall be prohibited from seeking election to, or serving as a member of, the governing board of a school district.

history: (History: Amended by Stats. 1978, Ch. 1173.)

title: 1. GENERAL


citation: GOV § 3303

text:
When any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing public safety department, that could lead to punitive action, the interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.

(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the public safety officer is on duty, or during the normal waking hours for the public safety officer, unless the seriousness of the investigation requires otherwise. If the interrogation does occur during off-duty time of the public safety officer being interrogated, the public safety officer shall be compensated for any off-duty time in accordance with regular department procedures, and the public safety officer shall not be released from employment for any work missed.

(b) The public safety officer under investigation shall be informed prior to the interrogation of the rank, name, and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. All questions directed to the public safety officer under interrogation shall be asked by and through no more than two interrogators at one time.

(c) The public safety officer under investigation shall be informed of the nature of the investigation prior to any interrogation.

(d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to his or her own personal physical necessities.

(e) The public safety officer under interrogation shall not be subjected to offensive language or threatened with punitive action, except that an officer refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any question. The employer shall not cause the public safety officer under interrogation to be subjected to visits by the press or news media without his or her express consent nor shall his or her home address or photograph be given to the press or news media without his or her express consent.

(f) No statement made during interrogation by a public safety officer under duress, coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to the following qualifications:

(1) This subdivision shall not limit the use of statements made by a public safety officer when the employing public safety department is seeking civil sanctions against any public safety officer, including disciplinary action brought under Section 19572.

(2) This subdivision shall not prevent the admissibility of statements made by the public safety officer under interrogation in any civil action, including administrative actions, brought by that public safety officer, or that officer’s exclusive representative, arising out of a disciplinary action.

(3) This subdivision shall not prevent statements made by a public safety officer under interrogation from being used to impeach the testimony of that officer after an in camera review to determine whether the statements serve to impeach the testimony of the officer.

(4) This subdivision shall not otherwise prevent the admissibility of statements made by a public safety officer under interrogation if that officer subsequently is deceased.

(g) The complete interrogation of a public safety officer may be recorded. If a tape recording is made of the interrogation, the public safety officer shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The public safety officer shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports that are deemed to be confidential may be entered in the officer’s personnel file. The public safety officer being interrogated shall have the right to bring his or her own recording device and record any and all aspects of the interrogation.

(h) If prior to or during the interrogation of a public safety officer it is deemed that he or she may be charged with a criminal offense, he or she shall be immediately informed of his or her constitutional rights.

(i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that are likely to result in punitive action against any public safety officer, that officer, at his or her request, shall have the right to be represented by a representative of his or her choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the officer under investigation for noncriminal matters.

This section shall not apply to any interrogation of a public safety officer in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other public safety officer, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities.

(j) No public safety officer shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of his or her department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances.

history: (History: Amended by Stats. 1994, Ch. 1259, Sec. 1. Effective January 1, 1995.)

title: 1. GENERAL


citation: GOV § 3304

text:
(a) No public safety officer shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure.

Nothing in this section shall preclude a head of an agency from ordering a public safety officer to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge him or her with insubordination.

(b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency against any public safety officer who has successfully completed the probationary period that may be required by his or her employing agency without providing the public safety officer with an opportunity for administrative appeal.

(c) No chief of police may be removed by a public agency, or appointing authority, without providing the chief of police with written notice and the reason or reasons therefor and an opportunity for administrative appeal.

For purposes of this subdivision, the removal of a chief of police by a public agency or appointing authority, for the purpose of implementing the goals or policies, or both, of the public agency or appointing authority, for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, shall be sufficient to constitute “reason or reasons.”

Nothing in this subdivision shall be construed to create a property interest, where one does not exist by rule or law, in the job of Chief of Police.

(d) (1) Except as provided in this subdivision and subdivision (g), no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. This one-year limitation period shall apply only if the act, omission, or other misconduct occurred on or after January 1, 1998. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the public safety officer of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided in paragraph (2). The public agency shall not be required to impose the discipline within that one-year period.

(2) (A) If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period.

(B) If the public safety officer waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver.

(C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies.

(D) If the investigation involves more than one employee and requires a reasonable extension.

(E) If the investigation involves an employee who is incapacitated or otherwise unavailable.

(F) If the investigation involves a matter in civil litigation where the public safety officer is named as a party defendant, the one-year time period shall be tolled while that civil action is pending.

(G) If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant’s criminal investigation and prosecution.

(H) If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer.

(e) Where a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter.

(f) If, after investigation and any predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the public safety officer in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the public safety officer is unavailable for discipline.

(g) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a public safety officer if both of the following circumstances exist:

(1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation.

(2) One of the following conditions exist:

(A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency.

(B) The evidence resulted from the public safety officer’s predisciplinary response or procedure.

(h) For those members listed in subdivision (a) of Section 830.2 of the Penal Code, the 30-day time period provided for in subdivision (f) shall not commence with the service of a preliminary notice of adverse action, should the public agency elect to provide the public safety officer with such a notice.

history: (History: Amended by Stats. 2009, Ch. 494, Sec. 1. (AB 955) Effective January 1, 2010.)

title: 1. GENERAL


text: An administrative appeal instituted by a public safety officer under this chapter shall be conducted in conformance with rules and procedures adopted by the local public agency.

history: (History: Added by Stats. 1998, Ch. 263, Sec. 1. Effective January 1, 1999.)

title: 1. GENERAL