Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 630


Introduced by Assembly Member Linder

February 24, 2015


begin deleteAn act to amend Section 25000 of the Government Code, relating to local government. end deletebegin insertAn act to amend Sections 1363, 3105, and 24102 of the Government Code, relating to public employment.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 630, as amended, Linder. begin deleteLocal government: counties: board of supervisors. end deletebegin insertPublic officers and employees: oath of office.end insert

begin insert

The California Constitution requires Members of the Legislature, and all public officers and employees, to take and subscribe a specified oath of office or affirmation. The California Constitution permits inferior officers and employees to be exempted by law from this requirement. Existing law, in the case of particular officers, requires the oath, after being administered, to be filed in designated offices.

end insert
begin insert

This bill would authorize a county board of supervisors to require a new oath or affirmation to be filed within 10 days of a legal change in name, delegated authority, or department by an officer or department head of that county. This bill would specify that the powers of an appointed officer of a county are no longer granted upon the officer’s departure from office, and would authorize a county board of supervisors to require the appointing authority to rescind these powers in writing by filing a revocation in the same manner as the oath of office was filed.

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begin insert

Existing law requires the oath or affirmation of disaster service workers to be filed in designated offices.

end insert
begin insert

This bill would authorize a county board of supervisors to require a new oath or affirmation to be filed within 10 days of a change in legal name by a disaster service worker of that county.

end insert
begin insert

Existing law requires the written appointment of a deputy of a county official to be filed as specified.

end insert
begin insert

This bill would authorize a county board of supervisors to require a new appointment to be filed within 10 days of a legal change in name, delegated authority, or department by an appointed deputy of that county.

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begin insert

Violating an oath or affirmation is a crime. Because this bill would expand the scope of an existing crime, this bill would impose a state-mandated local program

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begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law requires each county to have a board of supervisors consisting of 5 members and requires that no more than 3 members be elected at the same general election.

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This bill would make nonsubstantive changes to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1363 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
2to read:end insert

3

1363.  

(a) Unless otherwise provided, every oath of office
4certified by the officer before whom it was taken shall be filed
5within the time required as follows:

6(1) The oath of all officers whose authority is not limited to any
7particular county, in the office of the Secretary of State.

8(2) The oath of all officers elected or appointed for any county,
9and, except as provided in paragraph (4), of all officers whose
10duties are local, or whose residence in any particular county is
11prescribed by law, in the office of the county clerk of their
12respective counties.

P3    1(3) Each judge of a superior court, thebegin delete county clerk,end deletebegin insert clerk of the
2court,end insert
the executive officer or court administrator of the superior
3court, and the recorder shall file a copy of his or her official oath,
4signed with his or her own proper signature, in the office of the
5Secretary of State as soon as he or she has taken and subscribed
6his or her oath.

7(4) The oath of all officers for any independent special district,
8as defined in Section 56044, in the office of the clerk or secretary
9of that district.

begin insert

10(b) In its discretion, the board of supervisors of a county may
11require every elected or appointed officer or department head of
12that county who legally changes his or her name, delegated
13authority, or department, within 10 days from the date of the
14change, to file a new oath of office in the same manner as the
15 original filing.

end insert
begin delete

16(b)

end delete

17begin insert(c)end insert Every oath of office filed pursuant to this section with the
18Secretary of State shall include the expiration date of the officer’s
19term of office, if any. In the case of an oath of office for an
20appointed officer, if there is no expiration date set forth in the oath,
21or the officer leaves office before the expiration date, the appointing
22authority shall report in writing to the Secretary of State the
23officer’s date of departure from office.

begin insert

24(d) The powers of an appointed officer of a county are no longer
25granted upon the officer’s departure from office. In its discretion,
26the board of supervisors of a county may require the appointing
27authority to rescind these powers in writing by filing a revocation
28in the same manner as the oath of office was filed.

end insert
29begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 3105 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
30read:end insert

31

3105.  

(a) The oath or affirmation of any disaster service worker
32of the state shall be filed as prescribed by State Personnel Board
33rule within 30 days of the date on which it is taken and subscribed.

34(b) The oath or affirmation of any disaster service worker of
35any county shall be filed in the office of the county clerk of the
36county or in the official department personnel file of the county
37employee who is designated as a disaster service worker.

38(c) The oath or affirmation of any disaster service worker of
39any city shall be filed in the office of the city clerk of the city.

P4    1(d) The oath or affirmation of any disaster service worker of
2any other public agency, including any district, shall be filed with
3any officer or employee of the agency that may be designated by
4the agency.

begin insert

5(e) In its discretion, the board of supervisors of a county may
6require every disaster service worker of that county who legally
7changes his or her name, within 10 days from the date of the
8change, to file a new oath or affirmation in the same manner as
9the original filing.

end insert
begin delete

10(e)

end delete

11begin insert(f)end insert The oath or affirmation of any disaster service worker may
12be destroyed without duplication five years after the termination
13of the disaster service worker’s service or, in the case of a public
14employee, five years after the termination of the employee’s
15employment.

16begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 24102 of the end insertbegin insertGovernment Codeend insertbegin insert is amended to
17read:end insert

18

24102.  

begin insert(a)end insertbegin insertend insertAn appointee shall not act as deputy until:

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19(a)

end delete

20begin insert(1)end insert A written appointment by the deputy’s principal is filed with
21the county clerk.

begin delete

22(b)

end delete

23begin insert(2)end insert A copy of the appointment is filed with the county auditor,
24if the auditor has so requested.

begin delete

25(c)

end delete

26begin insert(3)end insert The deputy has taken the oath of office.

begin insert

27(b) In its discretion, the board of supervisors of a county may
28require every appointed deputy of that county who legally changes
29his or her name, delegated authority, or department, within 10
30days from the date of the change, to file a new appointment in the
31same manner as the original filing.

end insert
begin delete

32A

end delete

33begin insert (c)end insertbegin insertend insertbegin insertA end insertrevocation of the appointment of any deputy shall be made
34and filed in the same manner as the appointment.

begin delete

35 Five

end delete

36begin insert(d)end insertbegin insertend insertbegin insertFive end insertyears after the date of revocation of appointment of a
37deputy, the written oath of office subscribed to by such deputy
38may be destroyed and no reproduction thereof need be made or
39preserved.

P5    1begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3the only costs that may be incurred by a local agency or school
4district will be incurred because this act creates a new crime or
5infraction, eliminates a crime or infraction, or changes the penalty
6for a crime or infraction, within the meaning of Section 17556 of
7the Government Code, or changes the definition of a crime within
8the meaning of Section 6 of Article XIII B of the California
9Constitution.

end insert
begin delete10

SECTION 1.  

Section 25000 of the Government Code is
11amended to read:

12

25000.  

(a) Each county shall have a board of supervisors
13consisting of five members. Not more than three members shall
14be elected at the same general election. If the terms of office of
15more than three members of the board expire at the same time, at
16the first regular meeting after January 1st following their election
17the members elected shall classify themselves by lot that three
18members shall serve for four years, and two for two years.
19Thereafter, the term of office of each member shall be four years.

20(b) Notwithstanding any other law, the board of supervisors of
21any general law or charter county may adopt or the residents of
22the county may propose, by initiative, a proposal to limit or repeal
23a limit on the number of terms a member of the board of
24supervisors may serve on the board of supervisors. Any proposal
25to limit the number of terms a member of the board of supervisors
26may serve on the board of supervisors shall apply prospectively
27only and shall not become operative unless it is submitted to the
28electors of the county at a regularly scheduled election and a
29majority of the votes cast on the question favor the adoption of the
30proposal.

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