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AB-1090 County officers: sheriffs.(2023-2024)



Current Version: 04/13/23 - Amended Assembly

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AB1090:v97#DOCUMENT

Amended  IN  Assembly  April 13, 2023
Amended  IN  Assembly  April 04, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1090

Introduced by Assembly Member Jones-Sawyer

February 15, 2023

An act to add Section 25303.8 to the Government Code, relating to county officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 1090, as amended, Jones-Sawyer. County officers: sheriffs.
Existing law requires the Legislature to provide for an elected county sheriff and provides for the duties of the sheriff. Existing law requires the board of supervisors to supervise all county officers, except as provided.
Existing law provides for the removal of public officers for willful or corrupt misconduct in office. Existing law provides that an accusation in writing against any officer of a district, county, or city for willful or corrupt misconduct in office may be presented by the grand jury of the county for, or in, which the officer accused is elected or appointed. Existing law requires that the court pronounce judgment that the officer be removed from office upon a conviction and at the time appointed by the court.
This bill would authorize the board of supervisors to remove a sheriff from office for cause, as defined, by a 4/5 vote, after the sheriff is served with a written statement of the alleged grounds for removal and the sheriff is provided a reasonable opportunity to be heard regarding an explanation or defense at a removal proceeding. The bill would authorize the board of supervisors to establish procedures for a removal proceeding. The bill would require that these provisions not be applied in a manner that interferes with the constitutional functions of a sheriff.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 25303.8 is added to the Government Code, to read:

25303.8.
 (a) For purposes of this section, “for cause” means all of the following:
(1) Violation of a law related to the performance of a sheriff’s duties.
(2) Flagrant or repeated neglect of a sheriff’s duties.
(3) Misappropriation of public funds or properties committed by a sheriff or their direct reports in the course and scope of their duties.
(4) Willful falsification of a relevant official statement or document committed by a sheriff in the course and scope of their duties.
(5) Obstruction of an investigation into the conduct of a sheriff or a sheriff’s department by a governmental agency, office, or commission with jurisdiction to conduct an investigation.

(a)

(b) The board of supervisors may remove a sheriff from office for cause, by a four-fifths vote, after both of the following have occurred:
(1) The sheriff is served with a written statement of the alleged grounds for removal.
(2) The sheriff is provided a reasonable opportunity to be heard regarding an explanation or defense at a removal proceeding.

(b)

(c) The board of supervisors may establish procedures for a removal proceeding held pursuant to this section.

(c)

(d) This section shall not be applied in a manner that interferes with the constitutional functions of a sheriff.