Today's Law As Amended


Bill PDF |Add To My Favorites | print page

AB-630 Public officers and employees: oath of office.(2015-2016)



As Amends the Law Today


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 that person’s  his or her  official oath, signed with that person’s  his or her  own proper signature, in the office of the Secretary of State as soon as that person  he or she  has taken and subscribed the  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) In addition to filing pursuant to subdivision (a), a health officer appointed pursuant to Section 101000 or 101460 of the Health and Safety Code shall file their oath in the office of the Secretary of State.
(c) (b)  (1) 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 their  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. 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 (Chapter 3.5  (commencing with Section 7920.000)). 6250) of Division 7). 
(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.
(d) (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.
(e) (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) (1) In its discretion, the board of supervisors of a county may require every disaster service worker of that county who legally changes their  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. 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 (Chapter 3.5  (commencing with Section 7920.000)). 6250) of Division 7). 
(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.

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 their  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. 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 (Division 10 (Chapter 3.5  (commencing with Section 7920.000) of  6250) of Division 7 of  Title 1).
 (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 the 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.