BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 630


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          Date of Hearing:  April 22, 2015


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                                 Maienschein, Chair


          AB  
                       630 (Linder) - As Amended  March 26, 2015


          SUBJECT:  Local government:  counties:  board of supervisors.


          SUMMARY:  Allows a county board of supervisors to require the  
          filing of a new oath of office, in specified instances.   
          Specifically, this bill:  


          1)Allows, in its discretion, the board of supervisors of a  
            county to require the following categories of employees of  
            that county, if an employee within that category has legally  
            changed 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:



             a)   Every elected or appointed officer or department head of  
               that county;



             b)    Every disaster service worker of that county; and,



             c)   Every appointed deputy of that county.









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          2)Specifies that the powers of an appointed officer of a county  
            are no longer granted upon the officer's departure from  
            office.



          3)Allows, in its discretion, the board of supervisors of a  
            county 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.  



          4)States that no reimbursement is required by the bill's  
            provisions 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 existing law, or changes the definition  
            of a crime, as specified.



          5)Deletes the term "county clerk" and replaces it with "clerk of  
            the court."
          EXISTING LAW requires, pursuant to the California Constitution,  
          Members of the Legislature, and all public officers and  
          employees, to take and subscribe a specified oath of office or  
          affirmation, and requires the oath, after being administered to  
          specified types of local officials or appointees of a county, to  
          be filed in designated officers.


          FISCAL EFFECT:  This bill is keyed fiscal and contains a  
          state-mandated local program.


          COMMENTS:  










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          1)Bill Summary.  This bill allows a county board of supervisors  
            to require a new oath or affirmation to be filed within 10  
            days of a county employee changing, his or her name, delegated  
            authority, or department, and would apply to every elected or  
            appointed county officer or department head, disaster service  
            worker, and county appointed deputy.  AB 630 also allows a  
            county board of supervisors to require an appointing authority  
            to file a revocation with the county clerk in the event of an  
            officer's departure from office, thus giving notice to the  
            county clerk when an elected or appointed officer leaves  
            office so that the records can be updated.



            This bill is sponsored by the California Association of Clerks  
            and Election Officials (CACEO).





          2)Author's Statement.  According to the author, "AB 630 attempts  
            to update and clarify existing law in regards to the filing of  
            required oaths for public office at the county level.  Under  
            current law, a loyalty oath is administered by the county  
            clerk and is retained on file as public record for that local  
            official and must be presented upon request according to the  
            California Public Records Act.



            "Current law does not require the filing of a new oath in the  
            event of a name, title, or department change.  The existing  
            process has left counties with outdated information on file  
            that is often untraceable to current staff based on movement  
            between offices or name change due to marriage, divorce, or  
            other reasons.  When members of the public question the  
            validity of their county officials and request evidence of  
            mandated oaths, county clerks either spend an unnecessary  
            amount of time tracking people down based on outdated names,  
            or in most cases, they are not able to comply with the request  
            at all.








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            "AB 630 is a transparency measure that will help counties  
            provide the public with current and accurate public record  
            information in a timely manner by expediting public record  
            searches for public and county clerk staff.  AB 630 specifies  
            that the county board of supervisors would determine whether  
            to enforce the requirement "at their discretion."  In addition  
            to authorizing the county board of supervisors to require the  
            refiling of oaths, 


            AB 630 clarifies the revocation requirements when an elected  
            or appointed officer leaves offices.  It would be up to the  
            county board of supervisors whether or not to require the  
            appointing authority to file a revocation with the county  
            clerk in the event of an officer's departure from office.   
            This will give notice to the county clerk when an elected or  
            appointed officer leaves office so that he/she can update the  
            records."





          3)New Crime.  Since violating an oath or affirmation is a crime,  
            Legislative Counsel has tagged this bill as a state-mandated  
            local program because the bill would expand the scope 
          of an existing crime.  The bill states that no reimbursement is  
            necessary because the only costs that may be incurred by a  
            local agency will be incurred because the bill creates a new  
            crime or infraction, eliminates a crime or infraction, or  
            changes the penalty for a crime or information, or changes the  
            definition of a crime, as specified.



          4)Technical Amendment.  One provision in the bill strikes the  
            term "county clerk" and replaces it with "clerk of the court."  








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             However, according to the Secretary of State's Office, some  
            counties have both a recorder and a clerk who submit  
            oath-related documentation to their office, and the deletion  
            of the term "county clerk" would inadvertently delete the  
            authority of county clerks to have the oath filing  
            requirement.



            In order to correct this issue, the term "county clerk" should  
            be inserted back into Section 1 of the bill, as follows:





            (3) Each judge of a superior court,  county clerk,  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.


          


          5)Arguments in Support.  CACEO, the sponsor, notes that they  
            "identified a shortcoming in the law that was silent on  
            whether public officials and deputies were required to submit  
            updated oaths in the event of name change, department change  
            or delegation of duties to other individuals.  The existing  
            process left the county with outdated information on file that  
            was often untraceable to current staff based on movement  
            between offices or name change due to marriage, divorce, or  
            other reasons."



          6)Arguments in Opposition.  None on file.
          REGISTERED SUPPORT / OPPOSITION:









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          Support




          California Association of Clerks and Elections Officials  
          [SPONSOR]


          Opposition


          None on file


          Analysis Prepared  
          by:              Debbie Michel/L. GOV./(916) 319-3958