reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 1 - General › Section 1461.

1461. Any person appointed to fill a vacancy shall give a bond, corresponding in substance and form with the bond required of the officer originally elected or appointed, before entering upon the duties of the office.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 1 - General › Section 1462.

1462. No fee shall be charged by any officer to file or record any official bond of any official of this state or any political subdivision of this state.
(Added by Stats. 1965, Ch. 1105.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 1 - General › Section 1463.

1463. For the purposes of this chapter, a government crime insurance policy or employee dishonesty insurance policy, including faithful performance, may be provided as an alternative to the official bond by any county or city, subject to approval by the presiding judge of the superior court and recording and filing as provided in Sections 1457 to 1460.1, inclusive. An insurance policy procured pursuant to this section may be used as a master bond as though it were an official bond, subject to approval of the appointing power or the legislative body as provided in Section 1481.
(Added by Stats. 2004, Ch. 273, Sec. 1. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 2 - Bonds Not Required by Statute › Section 1480.

1480. Every officer, agent or employee not required by statute to give an official bond may be required to give an individual official bond, or other form of individual bond, in the amount to be fixed by the appointing power and such bond shall inure to the benefit of the appointing power, state, county or municipality, by whom such officer, employee, or agent is employed as well as the officer under whom the employee or agent serves.
The appointing power shall obtain the approval of the Department of General Services before requiring any state officer, employee, or agent to give an individual bond pursuant to this section, and before including the name or position or office of any such officer, employee, or agent in a master bond as provided in Section 1481.
(Amended by Stats. 1965, Ch. 371.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 2 - Bonds Not Required by Statute › Section 1481.

1481. (a) When deemed expedient by the appointing power, a master official bond or other form of master bond may be used which shall provide coverage on more than one officer, employee, or agent who is required by the appointing power or the board of supervisors of a chartered or general law county to give bond.
(b) Notwithstanding any other provision of law, when deemed expedient by the legislative body of a local public agency, a master official bond or other form of master bond may be used which shall provide coverage on more than one officer, employee, or agent of the local public agency, whether elected or appointed, who is required by statute, regulation, the appointing power, the governing board of a local public agency, or the board of supervisors of a chartered or general law county to give bond.
(c) A master bond under this section shall be in the form and for the term which is approved by the appointing power or the legislative body of a local public agency, and shall inure to the benefit of the appointing power, state, or local public agency by whom the officer, employee, or agent is employed as well as the officer or officers under whom the employee or agent serves. If the master bond provides coverage on a public guardian or public administrator, then that master bond shall be for the joint benefit of the guardianship or administratorship estates, and the county to which the bond is issued.
(d) “Local public agency” means any city or county, whether general law or chartered, city and county, special district, school district, municipal corporation, political subdivision, joint powers authority or agency created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1, or any board, commission, or agency thereof, or other local public agency, but shall not mean the state or any agency or department of the state.
(e) “Legislative body” means the board of supervisors of a county or city, or the governing board, by whatever name called, of a local public agency.
(f) In the case of the State of California, the form and content of the bond shall be subject to the approval of the Director of General Services.
(Amended by Stats. 1998, Ch. 876, Sec. 2. Effective January 1, 1999.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 2 - Bonds Not Required by Statute › Section 1481.1.

1481.1. For the purposes of Section 1481 the board of supervisors of a county is deemed to be the appointing power of the adult probation officer, his assistants and deputies and the adult probation officer, his assistants and deputies are deemed to be employees of the county in which they are appointed. They may be included as covered employees in any master bond used in such county.
(Added by Stats. 1959, Ch. 1288.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 2 - Bonds Not Required by Statute › Section 1482.

1482. Each such bond may contain a provision authorizing the appointing power to cancel it, if it is an individual bond, or the contract of coverage of any officer, agent or employee covered thereunder, or the entire bond, if it is a master bond.
(Repealed and added by Stats. 1947, Ch. 1441.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 3 - Form and Conditions › Section 1500.

1500. All official bonds shall be made payable to the State of California in such penalty and with such conditions as required by this article, or the law creating or regulating the duties of the office.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 3 - Form and Conditions › Section 1501.

1501. The condition of an official bond shall be that the principal will well, truly, and faithfully perform all official duties then required of him by law, and also all such additional duties as may be imposed on him by any existing law of the State or law enacted subsequently to the execution of the bond.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 3 - Form and Conditions › Section 1504.

1504. Every official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties therein for:
(a) Any and all breaches of the conditions thereof committed during the time such officer continues to discharge any of the duties of or hold the office, and whether such breaches are committed or suffered by the principal officer, his deputy, or clerk except that no officer of a county, city, or city and county, whose sole compensation by virtue of his office is a fixed salary established by the Legislature, the local governing body, or the board of supervisors, shall be personally liable for the negligent act or omission of any deputy or employee serving under him and performing the duties of his office, where the appointment or qualification of such deputy or employee is required to be and has been approved by the local governing body or the board of supervisors, or by the civil service commission, unless the officer failed to exercise due care in the selection appointment or supervision of such deputy or employee, or negligently failed to suspend or secure the discharge of such deputy or employee after knowledge or notice of his inefficiency or incompetency, and except that no state officer shall be personally liable for the negligent act or omission of any deputy or employee serving under him and performing the duties of his office, where the appointment or qualification of such deputy or employee is required to be and has been approved by the State Personnel Board, unless such officer failed to exercise due care in the selection, appointment, or supervision of such deputy or employee, or negligently failed to suspend or secure the discharge of such deputy or employee after knowledge or notice of his inefficiency or incompetency.
Nothing in this section shall be interpreted as placing any liability upon the principal officer for the act of a deputy or employee unless such liability is otherwise imposed upon the principal officer by law, nor shall this section be construed or interpreted as releasing or relieving any such county, city, or city and county of any liability for the negligent act or omission of any such deputy or employee otherwise imposed by law.
(b) The faithful discharge of all duties which may be required of such officer by any law enacted subsequently to the execution of the bond.
(Amended by Stats. 1957, Ch. 1642.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 3 - Form and Conditions › Section 1505.

1505. Whenever, except in criminal prosecutions, any special penalty, forfeiture, or liability is imposed on any officer of a county or judicial district for nonperformance or malperformance of official duties, the liability therefor attaches to the official bond of the officer, and to the principal and sureties thereon.
(Amended by Stats. 1951, Ch. 1553.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 4 - Qualifications of Sureties › Section 1530.

1530. The officer whose duty it is to approve official bonds required of officers of a county or judicial district not named in Section 1458 shall not accept or approve any such bond unless the affidavit of each of the personal sureties on the bond contains a statement that the surety is a resident, and either an owner of real property or householder, within the county or within an adjoining county.
(Amended by Stats. 1982, Ch. 517, Sec. 241.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 4 - Qualifications of Sureties › Section 1531.

1531. The sureties on the bonds of all officers of a county or judicial district named in Section 1458 shall first be approved by the presiding judge of the superior court as is provided for the approval of the bond of their principals, before their principals’ bonds may be recorded and filed.
(Amended by Stats. 1983, Ch. 464, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 4 - Qualifications of Sureties › Section 1532.

1532. A member of the board of supervisors shall not be accepted as surety upon the official bond of any officer of a county or judicial district of his county. The sheriff, county clerk, tax collector, treasurer, recorder, auditor, assessor, or district attorney of the same county shall not become sureties upon official bonds for each other.
(Amended by Stats. 1951, Ch. 1553.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 8 - Payment of Premiums › Section 1651.

1651. The premium or charge for bonds given by surety companies for the officers, herein named, and for their deputies, clerks, assistants or subordinate officers shall be paid as follows:
(a) State officers, by the State.
(b) County officers, by the county.
(c) Officers of a judicial district, by the county in which the district is situated.
(d) School districts or other special district officers, by the school district or other special district, respectively.
(e) City officers, by the city.
(Amended by Stats. 1951, Ch. 1553.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 8 - Payment of Premiums › Section 1652.

1652. No premium or charge paid by the state, a county, city, or district shall exceed one-half of 1 percent per annum on the amount of the bond, but a minimum premium or charge of twenty-five dollars ($25) per annum may be imposed.
(Amended by Stats. 1972, Ch. 1384.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 3 - Official Bonds › ARTICLE 8 - Payment of Premiums › Section 1653.

1653. The payment of premiums for all bonds of deputies, clerks, assistants or subordinate officers of county officers shall not be a county charge unless the amount fixed for such bond has been approved by the board of supervisors.
(Amended by Stats. 1951, Ch. 879.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 1 - Resignations › Section 1750.

1750. Resignations shall be in writing, and made as follows:
(a) By the Governor and Lieutenant Governor, to the Legislature, if it is in session; and if not, then to the Secretary of State.
(b) By all officers commissioned by the Governor, to the Governor.
(c) By Senators and Members of the Assembly, to the presiding officers of their respective houses, who shall immediately transmit the resignation to the Governor.
(d) By all officers of a county or special district other than an air pollution control district which includes territory in more than one county or a school district, not commissioned by the Governor, to the clerk of the board of supervisors of their respective counties, unless by the terms of the act under which a district is formed appointment to vacancies is made by other than the board of supervisors, in which case the resignation shall be submitted to the appointing body.
(e) By officers of a superior court, to the presiding judge.
(f) By officers of a municipal corporation, to the clerk of the legislative body of their corporation.
(g) By all other appointed officers, to the body or officer that appointed them.
(Amended by Stats. 2012, Ch. 470, Sec. 24. (AB 1529) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 1 - Resignations › Section 1750.5.

1750.5. The Speaker of the Assembly and the Chairman of the Senate Rules Committee shall immediately inform the Governor in writing whenever a resignation has been made to them, pursuant to subparagraph (f) of Section 1750 of this chapter, from any board or commission having members appointed by the Speaker of the Assembly, the President pro Tempore of the Senate, or the Senate Rules Committee and whenever an appointment has been made by them to any board or commission having members appointed by the Speaker of the Assembly, the President pro Tempore of the Senate, or the Senate Rules Committee.
(Added by Stats. 1974, Ch. 1453.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 1 - Resignations › Section 1751.

1751. In all cases not otherwise provided for in this article or elsewhere, a resignation is made by filing the resignation in the office of the Secretary of State.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 1 - Resignations › Section 1752.

1752. (a) Except as provided in subdivision (b), no person elected or appointed to the governing body of any city, county, or district having an elected governing body, shall be appointed to fill any vacancy on that governing body during the term for which he or she was elected or appointed.
(b) With respect to a general law city, if a vacancy in the elected office of mayor occurs, the council may fill that vacancy by appointing a member of the council to the office of mayor. Any person appointed to fill the vacancy shall hold the office of mayor for the unexpired term of the former mayor. Any vacancy created in the membership of a city council as the result of an appointment of a member to the office of mayor shall be filled in accordance with Section 36512.
(Amended by Stats. 2003, Ch. 296, Sec. 3. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1770.1.

1770.1. The disqualification from holding office upon conviction, as provided in Section 1021, or the forfeiture of office upon conviction, as provided in subdivision (h) of Section 1770 and Section 3000, is neither stayed by the initiation of an appeal from the conviction, nor set aside by the successful prosecuting of an appeal from the conviction by the person suffering the conviction.
(Added by Stats. 1988, Ch. 283, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1770.2.

1770.2. Upon the entry of a plea of guilty, the entry of a plea of nolo contendere, or the rendering of a verdict of a guilty either by a jury or by the court sitting without a jury of a public offense, the conviction of which would invoke the provisions of Section 1021, subdivision (h) of Section 1770, or Section 3000, the person found guilty shall not assume the office for which the person is otherwise qualified or shall be suspended immediately from the office the person then holds. During the time of inability to assume an office or of suspension from office, the person shall not be entitled to receive the emoluments of the office, including, but not limited to, the exercise of the powers of the office, the rights to be seated in the office, and the compensation, including benefits, prescribed for the office.
In the event the trial court sets aside or otherwise nullifies the plea or verdict before the trial court judgment is entered, the inability to assume office or the suspension from holding office shall be lifted, and the person suspended from office shall be restored to office with its emoluments, including those that would have otherwise accrued during the suspension, excluding, however, interest on any monetary payment.
(Added by Stats. 1988, Ch. 283, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1771.

1771. (a) When an officer is removed, declared insane, or convicted of a felony or offense involving a violation of his or her official duty, or when his or her election or appointment is declared void, the body or person before whom the proceedings are had shall give notice thereof to the officer or body empowered to fill the vacancy.
(b) When an office becomes vacant pursuant to subdivision (m) of Section 1770, the local agency on which the vacancy occurs shall give notice of that vacancy to the officer or body authorized to fill the vacancy.
(Amended by Stats. 2011, Ch. 543, Sec. 3. (AB 309) Effective January 1, 2012.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1772.

1772. When any office becomes vacant and no mode is provided by law for filling the vacancy, the Governor shall fill the vacancy by granting a commission, to expire at the end of the next session of the Legislature or at the next election by the people.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1773.

1773. When a vacancy occurs in the office of Representative to Congress, or in either house of the Legislature, the Governor shall within 14 calendar days after the occurrence of the vacancy issue a writ of election to fill the vacancy; provided, that when such vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governor’s discretion; and provided, further, that when a vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no special election shall be held.
The Governor shall issue the election proclamation under his hand and the Great Seal of the state, and transmit copies to the board of supervisors of the counties in which the election is to be held.
(Amended by Stats. 1976, Ch. 1155.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1773.5.

1773.5. In addition to any other applicable provision of law, a vacancy occurs in the office of Representative in Congress in the event of his or her disappearance, as defined in subdivision (c) of Section 10731 of the Elections Code.
(Added by Stats. 2002, Ch. 658, Sec. 5. Effective January 1, 2003.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1774.1.

1774.1. Notwithstanding any other provision of law, whenever the appointment by the Governor of a person to a public office is subject to confirmation by the Senate, and the Senate confirms the appointment within the applicable period described in Section 1774, and the term of office is at the pleasure of the Governor, such confirmation shall be deemed the last act necessary for appointment and the Governor shall not be required to issue another commission to complete the act of appointment.
(Added by Stats. 1978, Ch. 195.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1774.2.

1774.2. (a) For any person whose term of office expires prior to Senate confirmation and who is reappointed to that office, the time served prior to, as well as subsequent to, the expiration date of the prior term shall be counted for purposes of Section 1774.
(b) For any person who resigns an office prior to Senate confirmation and who is reappointed to that office at any time within 365 days of the resignation, the time served prior to, as well as subsequent to, the resignation shall be counted for purposes of Section 1774.
(c) The subsequent appointment of a person to an office 365 days or more after the date the person last served in that office shall be considered a new appointment, and not a reappointment, for purposes of Section 1774.
(Added by Stats. 1982, Ch. 801, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1774.3.

1774.3. With respect to any body or entity having more than one member, including, but not limited to, a board, commission, or committee, “office” includes every position on the body or entity, regardless of qualifications, expiration date of the term, or duties and responsibilities of the position.
(Added by Stats. 1982, Ch. 801, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1774.5.

1774.5. Notwithstanding any other provisions of law, no person holding an office which is deemed to be vacant pursuant to Section 1774 may, after the time the office has been deemed to be vacant pursuant to those provisions, continue to discharge the duties of the office, and no warrant shall be drawn by the Controller for the payment of any salary or expenses of that person attributable to the discharge of the duties of the office after that time. In addition, the Governor shall not reappoint the person to the same office for a period of 365 days after the time the office has been deemed to be vacant.
(Amended by Stats. 1982, Ch. 801, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1774.7.

1774.7. (a) Sections 1774, 1774.2, 1774.3, and 1774.5 shall apply to any person appointed, or reappointed, prior to, or on or after, January 1, 1981, except as follows:
(1) With respect to any person appointed prior to January 1, 1981, the 365-day period specified in Section 1774 shall not commence to run until January 1, 1981.
(2) With respect to the term of office of an incumbent which expires during the period from the first Monday after January 1 of the year a newly elected Governor takes office for the first time, until January 31 of that year, inclusive, the 60-day period specified in subdivision (a) of Section 1774 and the 90-day period specified in subdivision (b) of Section 1774 shall not commence to run until February 1 of that year.
(b) It is the intent of the Legislature that Sections 1774, 1774.2, 1774.3, and 1774.5 shall prevail over any contrary special or general provision of this code, any other code, or any uncodified statute of this state. These sections shall be construed as superseded by another statute only if that statute specifically provides that these sections shall not apply and expressly refers to the numbers of the sections superseded.
(Amended by Stats. 1986, Ch. 477, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1775.

1775. Whenever there is a vacancy in the office of the Superintendent of Public Instruction, the Lieutenant Governor, Secretary of State, Controller, Treasurer, or Attorney General, or on the State Board of Equalization, the Governor shall nominate a person to fill the vacancy who shall take office upon confirmation by a majority of the membership of the Senate and a majority of the membership of the Assembly and who shall hold office for the balance of the unexpired term. In the event the nominee is neither confirmed nor refused confirmation by both the Senate and the Assembly within 90 days of the submission of the nomination, the nominee shall take office as if he or she had been confirmed by a majority of the Senate and Assembly; provided, that if such 90-day period ends during a recess of the Legislature, the period shall be extended until the sixth day following the day on which the Legislature reconvenes.
After a vacancy has occurred in an office specified in this section and prior to the time such vacancy is filled as provided in this section, the chief deputy to the above constitutional officers shall discharge the duties of the office.
(Amended by Stats. 1977, Ch. 96.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1776.

1776. Except as otherwise provided in the Constitution, when a person is appointed by the Governor, or by the Governor by and with the advice and consent of the Senate, either to fill a vacancy in any office or to fill an office when the appointment is not made until after the expiration of the preceding term, the appointee holds office only for the balance of the unexpired term as provided by the law creating the office.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1777.

1777. After filing his official oath and bond, any person elected or appointed to fill a vacancy possesses all the rights and powers and is subject to all the liabilities, duties, and obligations of the officer whose vacancy he fills.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1778.

1778. A vacancy in any appointive office on the governing board of a special district shall be filled by appointment by the board of supervisors of the county in which the larger portion of the district is located unless, by the terms of the act under which the district is formed, another method of appointment is expressly provided.
(Amended by Stats. 1974, Ch. 1271.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1779.

1779. A vacancy on any appointed governing board of a special district shall be filled by the appointing authority within 90 days immediately subsequent to its occurrence. If no action is taken for a period of 90 days immediately subsequent to a vacancy on such a board, the board of supervisors of the county in which the larger portion of the district is located shall have authority to fill the vacancy by appointment.
(Amended by Stats. 1973, Ch. 934.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1781.

1781. The provisions of Section 1780 shall not apply to a school district, a district organized pursuant to Division 6 (commencing with Section 11501) of the Public Utilities Code, or a district subject to the provisions of Chapter 5 (commencing with Section 22825) of Part 5 of Division 11 of the Water Code.
(Added by Stats. 1975, Ch. 1059.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 4 - Resignations and Vacancies › ARTICLE 2 - Vacancies › Section 1782.

1782. Notwithstanding any other provision of the law, whenever a vacancy occurs on a state board or commission, or a seat on a board or commission is abolished by statute, the board or commission shall notify the appropriate appointing authority of this occurrence and the appropriate appointing authority shall notify the person occupying the vacated or abolished seat that the person may no longer serve on the board or commission. Except as provided in Section 1774, the person occupying the vacated or abolished seat on the board or commission shall continue to serve until notified by the appropriate appointing authority.
(Added by Stats. 1981, Ch. 438, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 5 - Obtaining Possession of Office › Section 1850.

1850. Every officer is entitled to the possession of all books and papers pertaining to his office, or in the custody of a former incumbent by virtue of his office.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 5 - Obtaining Possession of Office › Section 1851.

1851. If any person, including a former incumbent, refuses or neglects to deliver to the actual incumbent any such books or papers, the actual incumbent may petition any court of record sitting in the county where the person so refusing or neglecting resides, or any judge of the superior court residing therein.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 5 - Obtaining Possession of Office › Section 1852.

1852. After notice to the adverse party, the court or judge shall proceed in a summary way to hear the allegations and proof of the parties, and to order any such books or papers to be delivered to the petitioner.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 5 - Obtaining Possession of Office › Section 1853.

1853. The execution of the order and the delivery of the books and papers may be enforced by:
(a) Attachment as for a witness.
(b) At the request of the petitioner, by a warrant directed to the sheriff of the county commanding him to search for those books and papers, and to take and deliver them to the petitioner.
(Amended by Stats. 1996, Ch. 872, Sec. 36. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 5 - Obtaining Possession of Office › Section 1854.

1854. Every person who wilfully and knowingly intrudes himself into any public office to which he has not been elected or appointed, and every person who, having been an executive, administrative or ministerial officer, wilfully exercises any of the functions of his office after his term has expired, and a successor has been elected or appointed and has qualified, is guilty of a misdemeanor.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 5 - Obtaining Possession of Office › Section 1855.

1855. Every officer whose office is abolished by law, or who, after the expiration of the time for which he may be appointed or elected, or after he has resigned or been legally removed from office, willfully and unlawfully
(a) Mutilates, destroys, or takes away the records, papers, documents, or other writings appertaining or belonging to his office, or
(b) Withholds or detains from his successor, or other person entitled thereto, the records, papers, documents, or other writings appertaining or belonging to his office, or any money or property in his custody as such officer,
is punishable by imprisonment in the state prison.
(Amended by Stats. 1976, Ch. 1139.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 1 - General › Section 3000.

3000. An officer forfeits his office upon conviction of designated crimes as specified in the Constitution and laws of the State.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 1 - General › Section 3001.

3001. Any State, county, or city officer who is intoxicated while in discharge of the duties of his office, or by reason of intoxication is disqualified for the discharge of, or neglects his duties, is guilty of a misdemeanor. On conviction of such misdemeanor he forfeits his office, and the vacancy occasioned thereby shall be filled in the same manner as if the officer had filed his resignation in the proper office.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 1 - General › Section 3002.

3002. Whenever the Governor is authorized to appoint a person to an office with the advice and consent of, or subject to confirmation by, the Senate, and no fixed term has been provided by law for such office, the Governor may at any time, without cause and without hearing, remove the incumbent from said office and fill the vacancy occasioned by such removal in the same manner as if the officer had filed his resignation in the proper office.
(Added by Stats. 1955, Ch. 1881.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 1 - General › Section 3003.

3003. (a) An elected officer of the state or a city, county, city and county, or district in this state forfeits his or her office upon the conviction of a crime pursuant to the federal Stolen Valor Act of 2013 (18 U.S.C. Sec. 704) or the California Stolen Valor Act (as specified in Section 532b of the Penal Code), that involves a fraudulent claim, made with the intent to obtain money, property, or other tangible benefit, that the person is a veteran or a member of the Armed Forces of the United States, as prescribed in those acts.
(b) For purposes of this section, the following terms shall have the following meanings:
(1) “District” means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries.
(2) “Tangible benefit” means financial remuneration, an effect on the outcome of a criminal or civil court proceeding, or any benefit relating to service in the military that is provided by a federal, state, or local governmental entity.
(Amended by Stats. 2017, Ch. 576, Sec. 1. (AB 153) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3020.

3020. State officers elected on a statewide basis, members of the State Board of Equalization, and judges of state courts are subject to impeachment for misconduct in office.
(Amended by Stats. 1968, Ch. 312.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3020.5.

3020.5. The Senate when sitting as the court of impeachment is a court of record. The officers of the Senate are the officers of the court.
(Added by Stats. 1953, Ch. 206.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3021.

3021. All impeachments shall be by resolution adopted, originated in, and conducted by managers elected by the Assembly.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3022.

3022. The managers shall prepare articles of impeachment, present them at the bar of the Senate, and prosecute them. The trial shall be before the Senate, sitting as a court of impeachment.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3023.

3023. When an officer is impeached by the Assembly for a misdemeanor in office, the articles of impeachment shall be delivered to the President of the Senate.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3025.

3025. Not less than 10 days before the day fixed for the hearing, the President of the Senate shall have served on the defendant a copy of the articles of impeachment, with a notice to appear and answer the same at the time and place appointed.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3026.

3026. The service shall be made upon the defendant personally. If upon diligent inquiry he can not be found within the State, upon proof of that fact the Senate may order publication to be made, in such manner as it deems proper, of a notice requiring him to appear at a specified time and place and answer the articles of impeachment.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3027.

3027. If the defendant does not appear, upon proof of service or publication the Senate may, of its own motion or for cause shown, assign another day for hearing the impeachment, or may proceed to trial and judgment in the absence of the defendant.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3028.

3028. When the defendant appears, he may object in writing to the sufficiency of the articles of impeachment, or he may answer the articles by an oral plea of not guilty.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3029.

3029. If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the Senate who heard the argument, the defendant shall be ordered forthwith to answer the articles of impeachment. If he then pleads guilty, or refuses to plead, the Senate shall render judgment of conviction against him.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3030.

3030. If the defendant pleads not guilty, the Senate shall try the impeachment at the time it appoints. The plea shall be entered upon the Senate Journal, and puts in issue every material allegation of the articles of impeachment.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3031.

3031. At the time and place appointed, and before the Senate acts on the impeachment, the secretary shall administer to the President of the Senate, and the President of the Senate to each of the members of the Senate present, an oath truly and impartially to hear, try, and determine the impeachment. No member of the Senate can act or vote upon the impeachment, or upon any question arising thereon, without having taken such oath.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3032.

3032. The defendant can not be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes. If two-thirds of the members elected do not concur in a conviction, he shall be acquitted.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3033.

3033. After conviction and at the time appointed by the Senate, it shall pronounce judgment, in the form of a resolution entered upon the Senate Journal.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3034.

3034. On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the Senate.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3035.

3035. The judgment may be that the defendant be suspended, or that he be removed from office and disqualified to hold any office of honor, trust, or profit under the State.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3036.

3036. If judgment of suspension is given, during the continuance of the judgment the defendant is disqualified from receiving the salary, fees, or emoluments of the office.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3037.

3037. Whenever articles of impeachment against any officer subject to impeachment are presented to the Senate, the officer is temporarily suspended from his office and can not act in his official capacity until he is acquitted.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3038.

3038. Upon temporary suspension of any officer other than the Governor, his office shall at once be temporarily filled by an appointment made by the Governor, with the advice and consent of the Senate. The office shall be filled by the appointee until the acquittal of the party impeached or, in case of his removal, until the vacancy is filled at the next election.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3039.

3039. If the Lieutenant Governor is impeached, notice of the impeachment shall be immediately given to the Senate by the Assembly in order that another president may be chosen.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 2 - Impeachment › Section 3040.

3040. If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not barred thereby.
(Enacted by Stats. 1943, Ch. 134.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 3 - Removal Other Than by Impeachment › Section 3060.

3060. An accusation in writing against any officer of a district, county, or city, including any member of the governing board or personnel commission of a school district or any humane officer, 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. The grand jury presenting the accusation may also be the additional grand jury impaneled pursuant to Section 904.4, 904.6, or 904.8 of the Penal Code. An accusation may not be presented without the concurrence of at least 12 grand jurors, or at least 8 grand jurors in a county in which the required number of members of the grand jury is 11, or at least 14 grand jurors in a county in which the required number of members of the grand jury is 23.
(Amended by Stats. 2012, Ch. 134, Sec. 1. (SB 1357) Effective January 1, 2013.)
2023 California Code › Government Code - GOV › TITLE 1 - GENERAL › DIVISION 4 - PUBLIC OFFICERS AND EMPLOYEES › CHAPTER 7 - Removal from Office › ARTICLE 3 - Removal Other Than by Impeachment › Section 3061.

3061. The accusation shall state the offense charged in ordinary and concise language, and without repetition.
(Enacted by Stats. 1943, Ch. 134.)