Amended in Assembly April 27, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 630


Introduced by Assembly Member Linder

February 24, 2015


An act to amend Sections 1363, 3105, and 24102 of the Government Code, relating to public employment.

LEGISLATIVE COUNSEL’S DIGEST

AB 630, as amended, Linder. Public officers and employees: oath of office.

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.

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.

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

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.

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

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.

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

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.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P2    1

SECTION 1.  

Section 1363 of the Government Code is amended
2to read:

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.

13(3) Each judge of a superior court,begin insert the county clerk,end insert the clerk
14of the court, the executive officer or court administrator of the
15superior court, and the recorder shall file a copy of his or her
16official oath, signed with his or her own proper signature, in the
17office of the Secretary of State as soon as he or she has taken and
18subscribed his or her oath.

P3    1(4) The oath of all officers for any independent special district,
2as defined in Section 56044, in the office of the clerk or secretary
3of that district.

4(b) In its discretion, the board of supervisors of a county may
5require every elected or appointed officer or department head of
6that county who legally changes his or her name, delegated
7authority, or department, within 10 days from the date of the
8change, to file a new oath of office in the same manner as the
9 original filing.

10(c) Every oath of office filed pursuant to this section with the
11Secretary of State shall include the expiration date of the officer’s
12term of office, if any. In the case of an oath of office for an
13appointed officer, if there is no expiration date set forth in the oath,
14or the officer leaves office before the expiration date, the appointing
15authority shall report in writing to the Secretary of State the
16officer’s date of departure from office.

17(d) The powers of an appointed officer of a county are no longer
18granted upon the officer’s departure from office. In its discretion,
19the board of supervisors of a county may require the appointing
20authority to rescind these powers in writing by filing a revocation
21in the same manner as the oath of office was filed.

22

SEC. 2.  

Section 3105 of the Government Code is amended to
23read:

24

3105.  

(a) The oath or affirmation of any disaster service worker
25of the state shall be filed as prescribed by State Personnel Board
26rule within 30 days of the date on which it is taken and subscribed.

27(b) The oath or affirmation of any disaster service worker of
28any county shall be filed in the office of the county clerk of the
29county or in the official department personnel file of the county
30employee who is designated as a disaster service worker.

31(c) The oath or affirmation of any disaster service worker of
32any city shall be filed in the office of the city clerk of the city.

33(d) The oath or affirmation of any disaster service worker of
34any other public agency, including any district, shall be filed with
35any officer or employee of the agency that may be designated by
36the agency.

37(e) In its discretion, the board of supervisors of a county may
38require every disaster service worker of that county who legally
39changes his or her name, within 10 days from the date of the
P4    1change, to file a new oath or affirmation in the same manner as
2the original filing.

3(f) The oath or affirmation of any disaster service worker may
4be destroyed without duplication five years after the termination
5of the disaster service worker’s service or, in the case of a public
6employee, five years after the termination of the employee’s
7employment.

8

SEC. 3.  

Section 24102 of the Government Code is amended
9to read:

10

24102.  

(a) An appointee shall not act as deputy until:

11(1) A written appointment by the deputy’s principal is filed with
12the county clerk.

13(2) A copy of the appointment is filed with the county auditor,
14if the auditor has so requested.

15(3) The deputy has taken the oath of office.

16(b) In its discretion, the board of supervisors of a county may
17require every appointed deputy of that county who legally changes
18his or her name, delegated authority, or department, within 10 days
19 from the date of the change, to file a new appointment in the same
20manner as the original filing.

21 (c) A revocation of the appointment of any deputy shall be made
22and filed in the same manner as the appointment.

23(d) Five years after the date of revocation of appointment of a
24deputy, the written oath of office subscribed to by such deputy
25may be destroyed and no reproduction thereof need be made or
26preserved.

27

SEC. 4.  

No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution because
29the only costs that may be incurred by a local agency or school
30district will be incurred because this act creates a new crime or
31infraction, eliminates a crime or infraction, or changes the penalty
32for a crime or infraction, within the meaning of Section 17556 of
33the Government Code, or changes the definition of a crime within
34the meaning of Section 6 of Article XIII B of the California
35 Constitution.



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