AB 630: Public officers and employees: oath of office.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-30
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. 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. This bill would specify that the powers of an appointed officer of a county are no longer granted upon the officers 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. 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.
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. 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.
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.
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. 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. This bill would specify that the powers of an appointed officer of a county are no longer granted upon the officers 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. 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.
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. 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.
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.
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. 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. This bill would specify that the powers of an appointed officer of a county are no longer granted upon the officers 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. 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.
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. 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.
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 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.
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 officers 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.
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 officers 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.
Existing law requires each county to have a board of supervisors consisting of 5 members and requires that no more than 3 members be elected at the same general election.
This bill would make nonsubstantive changes to these provisions.
Existing law requires each county to have a board of supervisors consisting of 5 members and requires that no more than 3 members be elected at the same general election.
This bill would make nonsubstantive changes to these provisions.
(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)(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 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 (Chapter 3.5 (commencing with Section 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.
(c)Every oath of office filed pursuant to this section with the Secretary of State shall include the expiration date of the officers 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 officers date of departure from office.
(d)The powers of an appointed officer of a county are no longer granted upon the officers 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 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 (Chapter 3.5 (commencing with Section 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 workers service or, in the case of a public employee, five years after the termination of the employees 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 deputys 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. 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).
(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 XIIIB 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 XIIIB of the California Constitution.
(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)(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 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 (Chapter 3.5 (commencing with Section 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.
(c)Every oath of office filed pursuant to this section with the Secretary of State shall include the expiration date of the officers 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 officers date of departure from office.
(d)The powers of an appointed officer of a county are no longer granted upon the officers 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 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 (Chapter 3.5 (commencing with Section 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 workers service or, in the case of a public employee, five years after the termination of the employees 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 deputys 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. 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).
(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 XIIIB 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 XIIIB of the California Constitution.
(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)(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 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 (Chapter 3.5 (commencing with Section 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.
(c)Every oath of office filed pursuant to this section with the Secretary of State shall include the expiration date of the officers 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 officers date of departure from office.
(d)The powers of an appointed officer of a county are no longer granted upon the officers 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 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 (Chapter 3.5 (commencing with Section 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 workers service or, in the case of a public employee, five years after the termination of the employees 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 deputys 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. 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).
(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 XIIIB 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 XIIIB of the California Constitution.
(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)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.
(c)Every oath of office filed pursuant to this section with the Secretary of State shall include the expiration date of the officers 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 officers date of departure from office.
(d)The powers of an appointed officer of a county are no longer granted upon the officers 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)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.
(f)The oath or affirmation of any disaster service worker may be destroyed without duplication five years after the termination of the disaster service workers service or, in the case of a public employee, five years after the termination of the employees 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 deputys 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.
(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 XIIIB 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 XIIIB of the California Constitution.
(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, 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)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.
(b)
(c)Every oath of office filed pursuant to this section with the Secretary of State shall include the expiration date of the officers 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 officers date of departure from office.
(d)The powers of an appointed officer of a county are no longer granted upon the officers 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)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.
(e)
(f)The oath or affirmation of any disaster service worker may be destroyed without duplication five years after the termination of the disaster service workers service or, in the case of a public employee, five years after the termination of the employees employment.
SEC. 3.Section 24102 of the Government Code is amended to read:24102.(a)An appointee shall not act as deputy until:
(a)
(1)A written appointment by the deputys principal is filed with the county clerk.
(b)
(2)A copy of the appointment is filed with the county auditor, if the auditor has so requested.
(c)
(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.
A
(c)A revocation of the appointment of any deputy shall be made and filed in the same manner as the appointment.
Five
(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 XIIIB 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 XIIIB of the California Constitution.
SECTION 1.Section 25000 of the Government Code is amended to read:25000.(a)Each county shall have a board of supervisors consisting of five members. Not more than three members shall be elected at the same general election. If the terms of office of more than three members of the board expire at the same time, at the first regular meeting after January 1st following their election the members elected shall classify themselves by lot that three members shall serve for four years, and two for two years. Thereafter, the term of office of each member shall be four years.
(b)Notwithstanding any other law, the board of supervisors of any general law or charter county may adopt or the residents of the county may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the board of supervisors may serve on the board of supervisors. Any proposal to limit the number of terms a member of the board of supervisors may serve on the board of supervisors shall apply prospectively only and shall not become operative unless it is submitted to the electors of the county at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal.
(a)Each county shall have a board of supervisors consisting of five members. Not more than three members shall be elected at the same general election. If the terms of office of more than three members of the board expire at the same time, at the first regular meeting after January 1st following their election the members so elected shall so classify themselves by lot that three members shall serve for four years, and two for two years. Thereafter, the term of office of each member shall be four years.
(b)Notwithstanding any other provision of law, the board of supervisors of any general law or charter county may adopt or the residents of the county may propose, by initiative, a proposal to limit or repeal a limit on the number of terms a member of the board of supervisors may serve on the board of supervisors. Any proposal to limit the number of terms a member of the board of supervisors may serve on the board of supervisors shall apply prospectively only and shall not become operative unless it is submitted to the electors of the county at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal.
|
Date
|
Status
|
|---|---|
| May 28, 2015 | Referred to Com. on GOV. & F. |
| Sep 30, 2015 | Chaptered by Secretary of State - Chapter 365, Statutes of 2015. |
| Sep 30, 2015 | Approved by the Governor. |
| Sep 1, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 24, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2553.). |
| Aug 24, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 20, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2117.). |
| Aug 20, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Aug 20, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 22 pursuant to Assembly Rule 77. |
| Aug 18, 2015 | Read second time. Ordered to Consent Calendar. |
| Aug 17, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar. |
| Jul 8, 2015 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 8). Re-referred to Com. on APPR. |
| Jul 1, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F. |
| Jun 24, 2015 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Feb 24, 2015 | Read first time. To print. |
| May 14, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1448.) |
| May 14, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 14, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 7, 2015 | Read second time. Ordered to Consent Calendar. |
| May 6, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 6). |
| Apr 28, 2015 | Re-referred to Com. on APPR. |
| Apr 27, 2015 | Read second time and amended. |
| Apr 23, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 22). |
| Apr 6, 2015 | Re-referred to Com. on L. GOV. |
| Mar 26, 2015 | Referred to Com. on L. GOV. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended. |
| Feb 25, 2015 | From printer. May be heard in committee March 27. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 24, 2015 | AB 630 LINDER Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 20, 2015 | Consent Calendar 2nd AB630 Linder | Senate Floor |
Passed |
|
| Jul 8, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Governance and Finance |
Passed |
|
| May 14, 2015 | AB 630 LINDER Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 6, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 22, 2015 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Local Government |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association of Clerks and Elections Officials | ** Support | Aug 24, 2015 |
| California Association of Clerks and Elections Officials [SPONSOR] | ** Support | Aug 24, 2015 |
AB 630
Page 2
CONCURRENCE IN SENATE AMENDMENTS
AB 630
(Linder)
As Amended July 1, 2015
Majority vote
ASSEMBLY: |
78-0 |
(May 14, 2015) |
SENATE: |
38-0 |
(August 20, 2015) |
Original Committee Reference: L. GOV.
SUMMARY:
Allows a county board of supervisors to require the filing of a new oath of office.
The Senate amendments:
Allow a county to maintain a record of each person required to file a new oath of office indicating whether or not the person has complied with the requirements, pursuant to this bill's provisions.
Clarify that any record maintained pursuant to this bill's provisions is a public record subject to disclosure under the California Public Records Act.
Clarify that failure of an elected or appointed officer or department head, or a disaster service worker, to file a new oath of office pursuant to this bill's provisions shall not be punishable as a crime.
FISCAL EFFECT:
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
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. This bill 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 additionally allows a county to maintain a record of each person required to file a new oath of office, and to indicate whether the person has complied, and clarifies that any record maintained in this manner is a public record that is subject to disclosure under the California Public Records Act. Failure to file a new oath of office pursuant to the bill's provisions shall not be punishable as a crime.
This bill is sponsored by the California Association of Clerks and Election Officials (CACEO).
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."
Arguments in Support. CACEO, the sponsor, notes that "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."
Arguments in Opposition. None on file.
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958 FN: 0001345
AB 630
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
CONSENT
Bill No: AB 630
Amended: 7/1/15 in Senate
SENATE GOVERNANCE & FIN. COMMITTEE: 7-0, 7/8/15
AYES: Hertzberg, Nguyen, Beall, Hernandez, Lara, Moorlach, Pavley
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 78-0, 5/14/15 (Consent) - See last page for vote
SUBJECT: Public officers and employees: oath of office
DIGEST: This bill authorizes a county board of supervisors to require the filing of a new oath of office in specified instances.
Existing law:
Requires members of the Legislature and all other public officers and employees of the legislative, executive, and judicial branches to take an oath (or affirmation) to protect and defend the Constitutions of the United States and of the State of California, and to faithfully discharge the duties upon which they are about to enter.
Makes violating an oath or affirmation a crime.
Requires these oaths to be kept on file at the clerk’s office, and this information is subject to the California Public Records Act.
Does not require a county officer to take a new oath in the event that the officer changes his or her name, title, department, or delegated authority.
This bill:
Authorizes 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:
Every elected or appointed officer or department head of that county;
Every disaster service worker of that county; and,
Every appointed deputy of that county.
Allows a county to maintain a record of each person required to file a new oath of office, indicating whether or not the person has complied. This bill specifies that those records are subject to disclosure under the California Public Records Act.
Specifies that the powers of an appointed officer of a county are no longer granted upon the officer’s departure from office, and authorizes 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.
Makes additional changes to current law, specifically by adding “clerk of the court” to the categories of county officers required to file a copy of his or her official oath, signed with his or her own proper signature, with the Secretary of State as soon as he or she has taken and subscribed his or her oath.
Provides that the failure to file a new oath of office required by a board of supervisors pursuant to this bill’s provisions is not punishable as a crime.
Background
State law requires members of the Legislature and all other public officers and employees of the legislative, executive, and judicial branches to take an oath (or affirmation). County clerks are responsible for keeping records documenting oaths taken by most county officers. State law requires these oaths to be kept on file at the clerk’s office, and this information is subject to the California Public Records Act.
However, current law does not require a county officer to take a new oath in the event that the officer changes his or her name, title, department, or delegated authority. In such cases, counties are sometimes left with outdated information on file as to who occupies what public office—a situation which can impede counties’ responses to public requests for information. Similarly, if a county officer’s delegated authority changes, state law does not explicitly require his or her old authority to be rescinded.
County clerks and election officials propose changing state law to allow county boards of supervisors to require a new oath be filed for county officers, department heads, disaster service workers, and appointed deputies who change their names, delegated authority, or department while in public office. Furthermore, clerks and election officials suggest amending current law to clarify that an appointed county officer’s powers are rescinded when he or she leaves office.
Comments
Purpose of the bill. Current law does not require a county officer to file a new oath in the event of a name, title, or department change. This situation leaves counties with outdated information on file that is often untraceable to current staff due to movement between offices, name changes due to marriage, divorce, or other reasons. When members of the public 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, are not able to comply with the request at all. 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. State law already requires a notary public who legally changes his or her name change to submit an application to the Secretary of State to amend their commission and file a new oath with the Secretary of State. This practice makes sense from a policy perspective, since it is in the public interest that public records accurately reflect the legal names, titles, and duties of individuals performing public functions. AB 630 would further this purpose by enabling counties to compel their officers, disaster workers, and deputies to update their oaths in a similar manner to notaries public in the event of a change of name, title, department, or delegated authority.
Not a crime. State law makes it a crime, punishable by imprisonment for up to four years, to knowingly make a false statement of material fact while taking an oath of office, or to take an oath of office and subsequently advocate for the violent overthrow of the United States government. To avoid exposing some county officers, deputies, and disaster service workers to criminal liability for failing to update their oaths. The July 1 amendments to this bill clarify that no one can be subject to prosecution under AB 630 for failure to update his or her oath due to a legal change in name, delegated authority, or department.
Mandate. Because AB 630 would result in more people taking an oath of office—the violation of which is a crime—the Legislative Counsel’s Office says that this bill expands the scope of an existing crime and therefore imposes a state-mandated local program. But the bill disclaims the state's responsibility for reimbursing counties for compliance with AB 630. This disclaimer is consistent with the California Constitution, which provides that the state does not have to reimburse local governments for the costs of new crimes (Article XIIIB, 6[a] [2]).
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
California Association of Clerks and Elections Officials
OPPOSITION: (Verified 8/19/15)
ASSEMBLY FLOOR: 78-0, 5/14/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Linder, Medina
Prepared by: Toren Lewis / GOV. & F. / (916) 651-4119
8/19/15 20:50:06
AB 630 (Linder) 7/1/15 Page 3 of 3
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
Bill No: |
AB 630 |
Hearing Date: |
7/8/15 |
Author: |
Linder |
Tax Levy: |
No |
Version: |
7/1/15 |
Fiscal: |
Yes |
Consultant: |
Lewis |
||
Counties' oaths of office
Allows a county board of supervisors to require the filing of a new oath of office in specified instances.
Background and Existing Law
State law requires members of the Legislature and all other public officers and employees of the legislative, executive, and judicial branches to take an oath (or affirmation) to protect and defend the Constitutions of the United States and of the State of California, and to faithfully discharge the duties upon which they are about to enter. Violating an oath or affirmation is a crime.
County clerks are responsible for keeping records documenting oaths taken by most county officers. State law requires these oaths to be kept on file at the clerk’s office, and this information is subject to the California Public Records Act. However, current law does not require a county officer to take a new oath in the event that the officer changes his or her name, title, department, or delegated authority. In such cases, counties are sometimes left with outdated information on file as to who occupies what public office—a situation which can impede counties’ responses to public requests for information. Similarly, if a county officer’s delegated authority changes, state law does not explicitly require his or her old authority to be rescinded.
County clerks and election officials propose changing state law to allow county boards of supervisors to require a new oath be filed for county officers, department heads, disaster service workers, and appointed deputies who change their names, delegated authority, or department while in public office. Furthermore, clerks and election officials suggest amending current law to clarify that an appointed county officer’s powers are rescinded when he or she leaves office.
Proposed Law
Assembly Bill 630 authorizes 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:
Every elected or appointed officer or department head of that county;
Every disaster service worker of that county; and,
Every appointed deputy of that county.
AB 630 allows a county to maintain a record of each person required to file a new oath of office, indicating whether or not the person has complied. The bill specifies that those records are subject to disclosure under the California Public Records Act.
AB 630 specifies 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.
The bill makes additional changes to current law, specifically by adding “clerk of the court” to the categories of county officers required to file a copy of his or her official oath, signed with his or her own proper signature, with the Secretary of State as soon as he or she has taken and subscribed his or her oath.
AB 630 also provides that the failure to file a new oath of office required by a board of supervisors pursuant to this bill’s provisions is not punishable as a crime.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. Current law does not require a county officer to file a new oath in the event of a name, title, or department change. This situation leaves counties with outdated information on file that is often untraceable to current staff due to movement between offices, name changes due to marriage, divorce, or other reasons. When members of the public 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, are not able to comply with the request at all. 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. State law already requires a notary public who legally changes his or her name change to submit an application to the Secretary of State to amend their commission and file a new oath with the Secretary of State. This practice makes sense from a policy perspective, since it is in the public interest that public records accurately reflect the legal names, titles, and duties of individuals performing public functions. AB 630 would further this purpose by enabling counties to compel their officers, disaster workers, and deputies to update their oaths in a similar manner to notaries public in the event of a change of name, title, department, or delegated authority.
2. Not a crime. State law makes it a crime, punishable by imprisonment for up to four years, to knowingly make a false statement of material fact while taking an oath of office, or to take an oath of office and subsequently advocate for the violent overthrow of the United States government. To avoid exposing some county officers, deputies, and disaster service workers to criminal liability for failing to update their oaths. The July 1 amendments to this bill clarify that no one can be subject to prosecution under AB 630 for failure to update his or her oath due to a legal change in name, delegated authority, or department.
3. Mandate. Because AB 630 would result in more people taking an oath of office—the violation of which is a crime—the Legislative Counsel’s Office says that this bill expands the scope of an existing crime and therefore imposes a state-mandated local program. But the bill disclaims the state's responsibility for reimbursing counties for compliance with AB 630. This disclaimer is consistent with the California Constitution, which provides that the state does not have to reimburse local governments for the costs of new crimes (Article XIIIB, 6[a] [2]).
Assembly Actions
Assembly Local Government 9-0
Assembly Appropriations 17-0
Assembly Floor 78-0
Support and Opposition (6/18/15)
Support: California Association of Clerks and Elections Officials.
Opposition: Unknown.
-- END --
AB 630 (Linder) 4/27/15 Page 3 of 3
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator Robert M. Hertzberg, Chair
2015 - 2016 Regular
Bill No: |
AB 630 |
Hearing Date: |
6/24/15 |
Author: |
Linder |
Tax Levy: |
No |
Version: |
4/27/15 |
Fiscal: |
Yes |
Consultant: |
Lewis |
||
Counties' oaths of office
Allows a county board of supervisors to require the filing of a new oath of office in specified instances.
Background and Existing Law
State law requires members of the Legislature and all other public officers and employees of the legislative, executive, and judicial branches to take an oath (or affirmation) to protect and defend the Constitutions of the United States and of the State of California, and to faithfully discharge the duties upon which they are about to enter. Violating an oath or affirmation is a crime.
County clerks are responsible for keeping records documenting oaths taken by most county officers. State law requires these oaths to be kept on file at the clerk’s office, and this information is subject to the California Public Records Act. However, current law does not require a county officer to take a new oath in the event that the officer changes his or her name, title, department, or delegated authority. In such cases, counties are sometimes left with outdated information on file as to who occupies what public office—a situation which can impede counties’ responses to public requests for information. Similarly, if a county officer’s delegated authority changes, state law does not explicitly require his or her old authority to be rescinded.
County clerks and election officials propose changing state law to allow county boards of supervisors to require a new oath be filed for county officers, department heads, disaster service workers, and appointed deputies who change their names, delegated authority, or department while in public office. Furthermore, clerks and election officials suggest amending current law to clarify that an appointed county officer’s powers are rescinded when he or she leaves office.
Proposed Law
Assembly Bill 630 authorizes 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:
Every elected or appointed officer or department head of that county;
Every disaster service worker of that county; and,
Every appointed deputy of that county.
AB 630 specifies 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.
The bill makes additional changes to current law, specifically by adding “clerk of the court” to the categories of county officers required to file a copy of his or her official oath, signed with his or her own proper signature, with the Secretary of State as soon as he or she has taken and subscribed his or her oath.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. Current law does not require county officers to file a new oath in the event of a name, title, or department change. This situation leaves 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. 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. State law already requires a notary public who legally changes his or her name change to submit an application to the Secretary of State to amend their commission and file a new oath with the Secretary of State. This practice makes sense from a policy perspective, since it is in the public interest that public records accurately reflect the legal names, titles, and duties of individuals performing public functions. AB 630 would further this purpose by enabling counties to compel their officers, disaster workers, and deputies to update their oaths in a similar manner to notaries public in the event of a change of name, title, department, or delegated authority.
2. Mandate. Violating an oath or affirmation is a crime. Because AB 630 would expand the scope of an existing crime, the Legislative Counsel’s Office says that this bill would impose a state-mandated local program. But the bill disclaims the state's responsibility for reimbursing counties for compliance with AB 630. This disclaimer is consistent with the California Constitution, which provides that the state does not have to reimburse local governments for the costs of new crimes (Article XIIIB, 6[a] [2]).
Assembly Actions
Assembly Local Government 9-0
Assembly Appropriations 17-0
Assembly Floor 78-0
Support and Opposition
(6/18/15)
Support: California Association of Clerks and Elections Officials.
Opposition: Unknown.
-- END --
AB 630
Page 1
Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 630
(Linder) – As Amended April 27, 2015
Policy Committee: |
Local Government |
Vote: |
9 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill authorizes, but does not require, 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. This bill also specifies that the powers of an appointed officer of a county are no longer granted upon the officer's departure from office, and allows the 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.
FISCAL EFFECT:
Non-reimbursable costs to counties, likely minor, for administering new oaths and updating administrative records.
COMMENTS:
Purpose and Background. 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, are not able to comply with the request at all."
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
AB 630
Page 3
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:
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:
Every elected or appointed officer or department head of that county;
Every disaster service worker of that county; and,
Every appointed deputy of that county.
Specifies that the powers of an appointed officer of a county are no longer granted upon the officer's departure from office.
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.
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.
Deletes the term "county clerk" and replaces it with "clerk of the court."
EXISTING LAW r
equires, 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:
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).
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.
"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."
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.
Technical Amendment. One provision in the bill strikes the term "county clerk" and replaces it with "clerk of the court." 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.
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."
Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Clerks and Elections Officials [SPONSOR]
Opposition
None on file
Analysis Prepared by:
Debbie Michel/L. GOV./(916) 319-3958
Bill Author
Bill Co-Author(s):