Amended in Senate July 1, 2015

Amended in Assembly April 27, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 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. begin insert The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. The bill would specify that failure to comply with this requirement for a new oath or affirmation is not punishable as a crime. end insert 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. begin insert The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. The bill would specify that failure to comply with this requirement for a new oath or affirmation is not punishable as a crime. end insert

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. begin insert The bill would authorize the county to maintain a record, subject to disclosure under the California Public Records Act, of each person so required to file a new oath of office, indicating whether or not the person has complied. end 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 begin delete program end delete begin insert program. end 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.

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:

SECTION 1.  

Section 1363 of the Government Code is amended
to read:

1363.  

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

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

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

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

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

(b)  begin insert (1) end insert begin insert   end insert In its discretion, the board of supervisors of a county
may require every elected or appointed officer or department head
of that county who legally changes his or her name, delegated
authority, or department, within 10 days from the date of the
change, to file a new oath of office in the same manner as the
original filing. begin insert 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 (Chapter 3.5 (commencing with
Section 6250) of Division 7). end insert

begin insert

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

end insert

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

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

SEC. 2.  

Section 3105 of the Government Code is amended to
read:

3105.  

(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)  begin insert (1) end insert begin insert   end insert In its discretion, the board of supervisors of a county
may require every disaster service worker of that county who
legally changes his or her 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. begin insert 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 (Chapter 3.5 (commencing with
Section 6250) of Division 7). end insert

begin insert

(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.

end insert

(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.

SEC. 3.  

Section 24102 of the Government Code is amended
to read:

24102.  

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

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

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

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

(b) In its discretion, the board of supervisors of a county may
require every appointed deputy of that county who legally changes
his or her name, delegated authority, or department, within 10 days
from the date of the change, to file a new appointment in the same
manner as the original filing. begin insert 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 subdivision is a public record subject to disclosure
under the California Public Records Act (Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1). end insert

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

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

SEC. 4.  

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