Government Code — Part 43 | GOV — United States — California law | Esheria

Government Code

Part 43 of 107 · provisions 8,401–8,600

This act is named the Government Code.

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This section defines key terms used in the CalSavers retirement savings title. This section creates the CalSavers Retirement Savings Board and sets rules for how the board, program administrator, and staff must operate. This section creates the CalSavers Retirement Savings Trust, assigns the board to administer it, requires the board to split trust money into a program fund and an administrative fund, and gives the Treasurer and the board investment-related powers. It also caps administrative fund spending at 1% of the total program fund after six years from implementation and exempts certain securities from specified Corporations Code sections. The CalSavers Retirement Savings Program must include one or more payroll deduction IRA arrangements, as determined by the board. The board has broad authority over the trust, including contracts, investments, staff, insurance, cooperation, and rulemaking.

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Provisions of Government Code

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  1. 30051.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.5. Local Public Safety Fund [30051 - 30056] ( Chapter 6.5 added by Stats. 1993, Ch. 73, Sec. 2. )

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    The Local Public Safety Fund is created, the Controller may use certain moneys for loans to the General Fund, and the interest rate is set by the Pooled Money Investment Board.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.5. Local Public Safety Fund [30051 - 30056] ( Chapter 6.5 added by Stats. 1993, Ch. 73, Sec. 2. ) ## 30051. (a) The Local Public Safety Fund is hereby created in the State Treasury. The fund shall consist of the Interim Public Safety Account to receive all revenues deposited therein pursuant to former paragraph (8) of, and the Public Safety Account to receive all those revenues deposited therein pursuant to former paragraph (9) of, subdivision (a) of Section 7102 of the Revenue and Taxation Code. Moneys in the fund may only be appropriated for the purposes specified in Section 30052. (b) Notwithstanding any other law, the Controller may use the moneys in the Public Safety Account in the Local Public Safety Fund for loans to the General Fund as provided in Sections 16310 and 16381. However, interest shall be paid on all moneys loaned to the General Fund from the Public Safety Account in the Local Public Safety Fund. Interest payable shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which loaned. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the Public Safety Account in the Local Public Safety Fund was created. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 14. Effective February 20, 2009.)
  2. 30052.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.5. Local Public Safety Fund [30051 - 30056] ( Chapter 6.5 added by Stats. 1993, Ch. 73, Sec. 2. )

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    The Local Public Safety Fund accounts are continuously appropriated to the Controller for allocation to qualified counties, based on each county’s share of taxable sales, and only for public safety services. Qualified county boards must send their resolution to the Controller.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.5. Local Public Safety Fund [30051 - 30056] ( Chapter 6.5 added by Stats. 1993, Ch. 73, Sec. 2. ) ## 30052. (a) Notwithstanding Section 13340, the two accounts in the Local Public Safety Fund created in Section 30051 are hereby continuously appropriated, without regard to fiscal years, to the Controller for allocation to each qualified county in proportion to its share of the total taxable sales in all qualified counties during the most recent calendar year for which sales have been reported by the State Board of Equalization. The amounts so allocated shall be available only for public safety services, and shall be allocated in each qualified county in the manner and amount determined pursuant to Section 30054. (b) For purposes of this chapter: (1) “Public safety services” includes, but is not limited to, sheriffs, police, fire protection, county district attorneys, county corrections, and ocean lifeguards. “Public safety services” does not include courts. (2) “Qualified county” means: (A) With respect to the Interim Public Safety Account, any county in which the board of supervisors, on or before August 1, 1993, adopts a resolution that does both of the following: (i) Requests an allocation of revenue from the Local Public Safety Fund. (ii) Ratifies the statewide imposition of an additional 1/2 percent rate of sales and use tax pursuant to Senate Constitutional Amendment 1 on the November 2, 1993, special election ballot. (B) With respect to the Public Safety Account, any county in which the board of supervisors has adopted a resolution as described in subparagraph (A) or in which the tax levied pursuant to Section 35 of Article XIII of the California Constitution is approved by a majority of the county’s voters voting on the issue at the November 2, 1993, special election. (c) The board of supervisors of a qualified county shall send a copy of the resolution adopted pursuant to subdivision (b) to the Controller. (Amended by Stats. 1993, Ch. 905, Sec. 4. Effective October 8, 1993.)
  3. 30053.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.5. Local Public Safety Fund [30051 - 30056] ( Chapter 6.5 added by Stats. 1993, Ch. 73, Sec. 2. )

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    The Controller must allocate monthly fund amounts to each qualified county, and the county auditor must later allocate those county amounts to the county and its cities, subject to the stated monthly deadlines.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.5. Local Public Safety Fund [30051 - 30056] ( Chapter 6.5 added by Stats. 1993, Ch. 73, Sec. 2. ) ## 30053. (a) On or before the 27th day of each month, the Controller shall allocate to each qualified county the amounts deposited and remaining unexpended and unresolved in the Local Public Safety Fund on the 15th day of each month as provided in Section 30052. (b) Commencing with the 1996–97 fiscal year, on or before the 20th day of each month, the county auditor shall, as provided in Section 30055, allocate to the county and to each city within the county those amounts allocated to the county in the previous month pursuant to subdivision (a). (Amended by Stats. 1996, Ch. 876, Sec. 1. Effective January 1, 1997.)
  4. 30054.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.5. Local Public Safety Fund [30051 - 30056] ( Chapter 6.5 added by Stats. 1993, Ch. 73, Sec. 2. )

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    Counties must create a Public Safety Augmentation Fund, and the auditor must calculate and apply allocation factors for distributing the fund to qualifying cities, with any unallocated money going to the county.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.5. Local Public Safety Fund [30051 - 30056] ( Chapter 6.5 added by Stats. 1993, Ch. 73, Sec. 2. ) ## 30054. (a) For the 1993–94, 1994–95, and 1995–96 fiscal years only, the amounts allocated pursuant to Sections 30052 and 30053 shall be available only for public safety services, and shall be allocated in each qualified county to local agencies as provided in subdivision (b). (b) (1) Each county shall create a Public Safety Augmentation Fund that shall consist of all revenues received by the county as a result of the allocations pursuant to Sections 30052 and 30053. (2) Except as provided in paragraph (3) or (4), for each of the 1993–94, 1994–95, and 1995–96 fiscal years only, the augmentation fund described in paragraph (1) shall be allocated among the cities in the county that provide public safety services as follows: (A) The auditor shall determine an allocation factor for each city within the county, the numerator of which shall be the amount of revenue shifted from that city to the Educational Revenue Augmentation Fund pursuant to Section 97.3 of the Revenue and Taxation Code for the 1993–94 fiscal year, less the amount of vehicle license fee revenues allocated to the city pursuant to Section 11005.4 of the Revenue and Taxation Code for the 1993–94 fiscal year, and the denominator of which shall be the amount of revenue shifted from all cities in the county and from the county to the Educational Revenue Augmentation Fund pursuant to Section 97.3 of the Revenue and Taxation Code for the 1993–94 fiscal year, less the amount of vehicle license fee revenues allocated to the county and all cities in the county pursuant to Section 11005.4 of the Revenue and Taxation Code for the 1993–94 fiscal year. (B) The auditor shall multiply the amount in the augmentation fund by the allocation factor determined in subparagraph (A) for each city. (C) The allocation factor to be used for each city for the 1993–94 fiscal year may not result in an allocation that exceeds 50 percent of the difference between the following amounts: (i) The amount by which the city’s allocation of property tax revenues was reduced pursuant to Section 97.3 of the Revenue and Taxation Code for the 1993–94 fiscal year. (ii) The amount of vehicle license fee revenues allocated to the city pursuant to Section 11005.4 of the Revenue and Taxation Code for the 1993–94 fiscal year. (D) The allocation factor determined pursuant to this paragraph for the 1993–94 fiscal year shall also be applied in each fiscal year thereafter. (3) Notwithstanding paragraph (2), for each of the 1993–94, 1994–95, and 1995–96 fiscal years only, the amount in the augmentation fund established pursuant to paragraph (1) of each county described in subparagraph (C) shall be allocated to the cities in the county that provide public safety services as follows: (A) The auditor shall determine an allocation factor for each city within the county, the numerator of which shall be the amount of the revenue shifted from that city to the Educational Revenue Augmentation Fund pursuant to Section 97.3 of the Revenue and Taxation Code for the 1993–94 fiscal year, and the denominator of which shall be the amount of revenue shifted from all cities in the county to the Educational Revenue Augmentation Fund pursuant to Section 97.3 of the Revenue and Taxation Code for the 1993–94 fiscal year. (B) The auditor shall multiply 5 percent of the amount in the augmentation fund established pursuant to paragraph (1) by the allocation factor determined for each city in subparagraph (A). The amount so computed for each city shall be allocated to that city. (C) This paragraph applies only to the Counties of Fresno, Kings, Merced, San Bernardino, San Diego, San Joaquin, Solano, and Yolo. (D) This paragraph shall apply to a particular county described in subparagraph (C) only if the total amount allocated under this paragraph to all of the cities therein that provide public safety services is less than the amount that would otherwise be allocated to all of those cities pursuant to paragraph (2). (4) Notwithstanding paragraph (2), for each of the 1993–94, 1994–95, and 1995–96 fiscal years only, the amount in the augmentation fund established pursuant to paragraph (1) for the County of Alameda shall be allocated to the cities in the County of Alameda that provide public safety services as follows: (A) The auditor shall determine an allocation factor for each city within the county, the numerator of which shall be the amount of the revenue shifted from that city to the Educational Revenue Augmentation Fund pursuant to Section 97.3 of the Revenue and Taxation Code for the 1993–94 fiscal year, and the denominator of which shall be the amount of revenue shifted from all cities in the County of Alameda to the Educational Revenue Augmentation Fund pursuant to Section 97.3 of the Revenue and Taxation Code for the 1993–94 fiscal year. (B) The auditor shall multiply 6.1 percent of the amount in the augmentation fund established pursuant to paragraph (1) by the allocation factor determined for each city in subparagraph (A). The amount so computed for each city shall be allocated to that city. (5) All moneys in the Public Safety Augmentation Fund not allocated to any city within the county pursuant to paragraph (2), (3), or (4) shall be allocated to the county. (Amended by Stats. 1997, Ch. 17, Sec. 53. Effective January 1, 1998.)
  5. 30055.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.5. Local Public Safety Fund [30051 - 30056] ( Chapter 6.5 added by Stats. 1993, Ch. 73, Sec. 2. )

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    Each county must create a Public Safety Augmentation Fund, and the fund money must be used only for public safety services.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.5. Local Public Safety Fund [30051 - 30056] ( Chapter 6.5 added by Stats. 1993, Ch. 73, Sec. 2. ) ## 30055. For the 1996–97 fiscal year and each fiscal year thereafter, each county shall establish a Public Safety Augmentation Fund in the county treasury to receive those revenues allocated to the county pursuant to Sections 30052 and 30053. Amounts deposited in this fund shall be expended exclusively to fund public safety services, and for that purpose shall be allocated among the county and the cities in the county that provide public safety services, as follows: (a) In allocating revenues from the Public Safety Augmentation Fund to cities, the auditor shall, except as otherwise provided in subdivision (b), (c), (d), or (e), comply with all of the following: (1) For the 1997–98 fiscal year and each fiscal year thereafter, the auditor shall allocate to each city from the county’s Public Safety Augmentation Fund the same percentage of the total amount of moneys deposited in that fund that was allocated to that city for the 1995–96 fiscal year. (2) (A) In accordance with the payment schedule set forth in subparagraph (B), the auditor shall, commencing with September 1997, allocate to each city that city’s reconciliation amount if, and only if, the reconciliation amount is a positive number. For purposes of this subparagraph, a city’s reconciliation amount means the difference between the following amounts: (i) The amount that would have been allocated to that city from the county’s Public Safety Augmentation Fund for the 1996–97 fiscal year, if moneys had been so allocated to that city using the same percentage of the total amount of money deposited in that fund that was allocated to that city for the 1995–96 fiscal year. (ii) The amount that was in fact allocated from the county’s Public Safety Augmentation Fund to that city for the 1996–97 fiscal year. (B) The auditor shall allocate each city’s reconciliation amount to that city in 36 equal and consecutive monthly installments, commencing on September 1, 1997. Each of these installments shall be paid at the same time as the regular monthly allocation made to that city pursuant to this section, and no interest shall be paid on any of these installments. However, if directed by the board of supervisors, the county auditor may expedite payment of the installments. (b) Notwithstanding subdivision (a), the amount in the augmentation fund established pursuant to this section in each county described in paragraph (3) shall be allocated to the cities in that county that provide public safety services, as follows: (1) The auditor shall determine an allocation factor for each city within the county, the numerator of which shall be the amount of the revenue shifted from that city to the Educational Revenue Augmentation Fund pursuant to Section 97.3 of the Revenue and Taxation Code for the 1993–94 fiscal year, and the denominator of which shall be the amount of revenue shifted from all cities in the county to the Educational Revenue Augmentation Fund pursuant to Section 97.3 of the Revenue and Taxation Code for the 1993–94 fiscal year. (2) The auditor shall multiply 5 percent of the amount in the augmentation fund established pursuant to this section by the allocation factor determined for each city in paragraph (1). The amount so computed for each city shall be allocated to that city. (3) This subdivision applies only to the Counties of Fresno, Kings, Merced, San Bernardino, San Joaquin, Solano, and Yolo. (4) This subdivision shall apply to a particular county described in paragraph (3) only if the total amount allocated under this paragraph to all of the cities therein that provide public safety services is less than the amount that would otherwise be allocated to all of those cities pursuant to subdivision (a). (c) Notwithstanding subdivision (a), the amount in the augmentation fund established pursuant to this section for the County of Alameda shall be allocated to the cities in the County of Alameda that provide public safety services as follows: (1) The auditor shall determine an allocation factor for each city within the county, the numerator of which shall be the amount of the revenue shifted from that city to the Educational Revenue Augmentation Fund pursuant to Section 97.3 of the Revenue and Taxation Code for the 1993–94 fiscal year, and the denominator of which shall be the amount of revenue shifted from all cities in the County of Alameda to the Educational Revenue Augmentation Fund pursuant to Section 97.3 of the Revenue and Taxation Code for the 1993–94 fiscal year. (2) The auditor shall multiply 6.1 percent of the amount in the augmentation fund established pursuant to this section by the allocation factor determined for each city in paragraph (1). The amount so computed for each city shall be allocated to that city. (d) Notwithstanding subdivision (a), for the 1997–98 fiscal year and each fiscal year thereafter, the auditor in the County of San Diego shall allocate to each eligible city in the county that provides public safety services, from the county’s Public Safety Augmentation Fund created pursuant to paragraph (1), an amount obtained by multiplying the amount in the Public Safety Augmentation Fund by the allocation factor listed below for each city: Carlsbad ........................ 0.3582694 Chula Vista ........................ 0.3126700 Coronado ........................ 0.1205707 Del Mar ........................ 0.0266781 El Cajon ........................ 0.1479797 Escondido ........................ 0.2874369 Imperial Beach ........................ 0.0543447 La Mesa ........................ 0.1035164 Lemon Grove ........................ 0.0151415 National City ........................ 0.0569347 Oceanside ........................ 0.6955004 San Diego ........................ 3.1831131 San Marcos ........................ 0.0585130 Vista ........................ 0.2269571 (e) Notwithstanding subdivision (a), the amount in the Public Safety Augmentation Fund established pursuant to this section for the County of Los Angeles shall be allocated to each eligible city in the county that provides public safety services as follows: (1) For the 1997–98 and each fiscal year thereafter, the auditor shall allocate to eligible cities within the county the same percentage share of the augmentation fund that each eligible city received from amounts deposited into the augmentation fund for the 1995–96 fiscal year. (2) For the 1996–97 fiscal year, the auditor shall allocate to eligible cities within the county the amount that would have been allocated to each of those cities had subdivision (a), as it read on January 1, 1997, been applied to amounts deposited into the augmentation fund for the 1995–96 fiscal year. (3) Any amount calculated for a city pursuant to paragraph (2) that differs from the amount allocated to a city in the 1995–96 fiscal year shall be known as the “reconciliation amount.” (4) Any positive reconciliation amount calculated for a city pursuant to paragraph (3) shall be allocated to the appropriate city according to the following schedule: (A) For the 1996–97 fiscal year, 50 percent of the reconciliation amount shall be paid within 31 days of the effective date of the act adding this subdivision. (B) For the 1997–98 fiscal year, 25 percent of the reconciliation amount shall be paid, on a monthly basis, in 12 equal installments, with the first payment due July 20, 1997. However, any installment that is due prior to the effective date of the act adding this subdivision is due within 31 days of the effective date of the act adding this subdivision if that effective date is after July 20, 1997. (C) For the 1998–99 fiscal year, 25 percent of the reconciliation amount shall be paid in full by September 30, 1998. (5) The amount due a city in the fiscal year identified in paragraph (4) shall be offset by the positive growth calculated as follows: (A) For the 1996–97 fiscal year, positive growth is the difference between a city’s share of funds allocated in the 1995–96 fiscal year and the amount calculated as if paragraph (1) had been in effect for the 1996–97 fiscal year. If positive growth for the 1996–97 fiscal year cannot be calculated at the time the allocation is made to a city pursuant to subparagraph (A) of paragraph (4), the positive growth for the 1996–97 fiscal year will be treated as an additional offset against payments to that city required pursuant to subparagraph (B) of paragraph (4). (B) For the 1997–98 fiscal year, positive growth is the difference between a city’s share of funds that would have been allocated in the 1996–97 fiscal year, had the allocation requirement of paragraph (1) been in effect for the 1996–97 fiscal year, and the amount calculated pursuant to paragraph (1) for the 1997–98 fiscal year. (C) For the 1998–99 fiscal year, positive growth is the difference between a city’s share of funds allocated in the 1997–98 fiscal year, excluding the reconciliation amount for that year, and the amount calculated pursuant to paragraph (1) for the 1998–99 fiscal year. (6) Reconciliation amounts due in the 1998–99 fiscal year that are paid later than September 30, 1998, shall be subject to interest at the rate of 7 percent calculated from July 1, 1997. (f) All moneys in the Public Safety Augmentation Fund not allocated to any city within the county pursuant to subdivision (a), (b), (c), (d), or (e) shall be allocated to the county. (g) The amendments made to subdivision (a) by the act adding this subdivision shall be applicable for the 1997–98 fiscal year and each fiscal year thereafter. (Amended by Stats. 1997, Ch. 217, Sec. 1.5. Effective August 4, 1997.)
  6. 30056.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.5. Local Public Safety Fund [30051 - 30056] ( Chapter 6.5 added by Stats. 1993, Ch. 73, Sec. 2. )

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    If a county, city and county, or city spends less than its base amount on combined public safety services, its Public Safety Augmentation Fund allocation is reduced. Officials must give the county auditor requested information, and the auditor may audit that information.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.5. Local Public Safety Fund [30051 - 30056] ( Chapter 6.5 added by Stats. 1993, Ch. 73, Sec. 2. ) ## 30056. (a) Notwithstanding any other provision of this chapter, commencing with the 1994–95 fiscal year, except as provided in subdivision (c), any county, city and county, or city, including any charter city, that funds all combined public safety services within its respective jurisdiction from existing local financial resources, in an amount for the fiscal year that is less than the base amount for that local agency, shall have its total fiscal year allocations from the Public Safety Augmentation Fund reduced by the difference between those amounts. Any amount not allocated to a county as a result of this paragraph shall be allocated to cities in that county in proportion to the total fiscal year allocations otherwise received by those cities pursuant to Section 30054, and any amount not allocated to a city or cities as a result of this paragraph shall be allocated to the county. For purposes of applying this subdivision, the amount of funding within a local jurisdiction for combined public safety services for each fiscal year shall be determined in accordance with the budget adopted by that jurisdiction for that fiscal year. For any city that is subject to a final arbitration decision, that is rendered on or before December 31, 1994, pursuant to binding labor arbitration as required by that city’s charter as approved by the voters on November 4, 1980, the amount of funding for combined public safety services for the 1994–95 fiscal year shall be determined in accordance with any amended budget adopted by that city for the 1994–95 fiscal year. (b) For the purposes of this section: (1) “Local financial resources” means local general fund appropriations for operational expenses and allocations from the Public Safety Augmentation Fund, but shall not include any of the following amounts: (A) Grant funds received by a county, city and county, or city, including any charter city, from any source. (B) Revenues received by a county or city and county for the child support-related activities of the district attorney performed pursuant to Part D Subchapter 4 of the Social Security Act (42 U.S.C. 301 et seq.). (C) Asset forfeiture revenues received by a county, city and county, or city, including any charter city. (D) Revenues appropriated by a county, city and county, or city, including any charter city, for capital outlay expenditures. (E) Revenues appropriated by a county, city and county, or city, including any charter city, for one-time expenditures. (F) Any amount that is attributable to a decrease in appropriations by a county, city and county, or city, including any charter city, for retirement costs or workers’ compensation costs that do not result in a change in benefit levels. (G) Revenues received by a county, city and county, or city, including a charter city, pursuant to a contract under which that county, city and county, or city provides public safety services for another jurisdiction. (H) Revenues that were not appropriated by a county, city and county, or city, including any charter city, for public safety services in the base year, but are so appropriated in the current fiscal year as a result of a change of organization or reorganization that became effective pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5) subsequent to the base year. (I) Revenues received by a county or city and county pursuant to Chapter 3 (commencing with Section 15200) of Part 6 of Division 3 of Title 2, or any other reimbursement by the state for homicide trial costs, including, but not limited to, Chapter 1649 of the Statutes of 1990 and its successors. (J) Revenues derived from any source by a county, city and county, or city, including any charter city, to respond to a state of emergency declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). (2) “Base year” means, for each county, city and county, or city, the 1992–93 fiscal year. (3) “Base amount for that local agency” means an amount, equal to the amount of the adopted budget for all combined public safety services within its respective jurisdiction for the base year, that is adjusted as follows: (A) For the 1994–95 fiscal year only, that amount shall be increased or decreased in accordance with the positive or negative difference between the amount allocated for the 1994–95 fiscal year to that local agency from the Public Safety Augmentation Fund and the corresponding amount allocated to that local agency for the 1993–94 fiscal year. For purposes of this subparagraph, the amount to be allocated to the local agency from the Public Safety Augmentation Fund for the 1994–95 fiscal year shall be estimated based on the allocations to that agency determined over the first six months of that fiscal year. (B) For the 1995–96 fiscal year and each fiscal year thereafter, that amount shall be increased or decreased in accordance with the positive or negative difference between (i) the amount allocated to the local agency from the Public Safety Augmentation Fund in the immediately preceding fiscal year, and (ii) the corresponding amount allocated to the local agency in the next preceding fiscal year. Notwithstanding any other provision of this subparagraph, in no event shall the base amount for a local agency be less than the amount of funding for all combined public safety services within the jurisdiction of that local agency for the base year. (4) The amount of funding for all combined public safety services within the jurisdiction of a local agency for the base year does not include any of the following amounts: (A) Grant funds from any source expended by a county, city and county, or city, including any charter city, during the base year for public safety services. (B) Revenues received by a county or city and county for the child support-related activities of the district attorney performed pursuant to Part D of Subchapter 4 of the Social Security Act (42 U.S.C. 301 et seq.). (C) Asset forfeiture revenues expended by a county, city and county, or city, including any charter city, during the base year for public safety services. (D) Capital outlay funds expended by a county, city and county, or city, including any charter city, during the base year for public safety. (E) Any amount expended by a city and county during the base year to fund retirement costs that are not attributable to any change in benefit levels. (F) Any amount expended by a county, city and county, or city, including any charter city, during the base year to fund one-time expenditures for public safety services. (G) Any amount expended during the base year by a county, city and county, or city pursuant to a contract under which that county, city and county, or city provides public safety services for another jurisdiction. (H) Amounts expended by a county, city and county, or city, including any charter city, in the base year for public safety services that are not appropriated for similar expenditure in the current fiscal year as a result of a change of organization or reorganization that became effective pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5) subsequent to the base year. (I) Any amount expended during the base year for homicide trial costs that are reimbursable pursuant to Chapter 3 (commencing with Section 15200) of Part 6 of Division 3 of Title 2 or any other program, including, but not limited to, Chapter 1649 of the Statutes of 1990 and its successors. (J) Any amount expended during the base year to provide public safety services during a state of emergency declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2). (c) This section shall not be applicable to any of the following jurisdictions: (1) With respect to a specific fiscal year, any county, city and county, or city whose legislative body has entered into a memorandum of understanding or other binding agreement on or before the adoption of the budget of the county, city, or city and county for that fiscal year with all local public safety entities that relates to those entities’ respective shares of the local agency’s allocation from the county’s Public Safety Augmentation Fund. (2) Any city for which the amount of the reduction calculated under Section 97.035 of the Revenue and Taxation Code is zero. (d) Officials of a county, city and county, or city, including any charter city, shall, upon request, provide the county auditor any information that the auditor needs to make the determinations required by this section. In carrying out the requirements of this section, the auditor may, but is not required to, audit the information provided by a county, city and county, or city, including any charter city. (e) It is the intent of the Legislature that this section shall apply to all cities, including charter cities. The Legislature finds and declares that the allocation of the Public Safety Augmentation Fund is a matter of statewide concern and is not merely a municipal affair or a matter of local interest. (Amended by Stats. 2003, Ch. 296, Sec. 10. Effective January 1, 2004.)
  7. 30061.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.7. Supplemental Local Law Enforcement Funding [30061 - 30063] ( Chapter 6.7 added by Stats. 1996, Ch. 134, Sec. 2. )

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    This section creates a county funding account and requires county officials to allocate and report law enforcement moneys by set percentages and deadlines.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.7. Supplemental Local Law Enforcement Funding [30061 - 30063] ( Chapter 6.7 added by Stats. 1996, Ch. 134, Sec. 2. ) ## 30061. (a) There shall be established in each county treasury a Supplemental Law Enforcement Services Account (SLESA), to receive all amounts allocated to a county for purposes of implementing this chapter. (b) In any fiscal year for which a county receives moneys to be expended for the implementation of this chapter, the county auditor shall allocate the moneys in the county’s SLESA within 30 days of the deposit of those moneys into the fund. The moneys shall be allocated as follows: (1) Five and fifteen-hundredths percent to the county sheriff for county jail construction and operation. In the case of Madera, Napa, and Santa Clara Counties, this allocation shall be made to the county director or chief of corrections. (2) Five and fifteen-hundredths percent to the district attorney for criminal prosecution. (3) Thirty-nine and seven-tenths percent to the county and the cities within the county, and, in the case of San Mateo, Kern, Siskiyou, and Contra Costa Counties, also to the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District, in accordance with the relative population of the cities within the county and the unincorporated area of the county, and the Broadmoor Police Protection District in the County of San Mateo, the Bear Valley Community Services District and the Stallion Springs Community Services District in Kern County, the Lake Shastina Community Services District in Siskiyou County, and the Kensington Police Protection and Community Services District in Contra Costa County, as specified in the most recent January estimate by the Demographic Research Unit of the Department of Finance, and as adjusted to provide, except as provided in subdivision (i), a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. For a newly incorporated city whose population estimate is not published by the Department of Finance, but that was incorporated prior to July 1 of the fiscal year in which an allocation from the SLESA is to be made, the city manager, or an appointee of the legislative body, if a city manager is not available, and the county administrative or executive officer shall prepare a joint notification to the Department of Finance and the county auditor with a population estimate reduction of the unincorporated area of the county equal to the population of the newly incorporated city by July 15, or within 15 days after the Budget Act is enacted, of the fiscal year in which an allocation from the SLESA is to be made. No person residing within the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, or the Kensington Police Protection and Community Services District shall also be counted as residing within the unincorporated area of the County of San Mateo, Kern, Siskiyou, or Contra Costa, or within any city located within those counties. Except as provided in subdivision (i), the county auditor shall allocate a grant of at least one hundred thousand dollars ($100,000) to each law enforcement jurisdiction. Moneys allocated to the county pursuant to this subdivision shall be retained in the county SLESA, and moneys allocated to a city pursuant to this subdivision shall be deposited in a SLESA established in the city treasury. (4) Fifty percent to the county or city and county to implement a comprehensive multiagency juvenile justice plan as provided in this paragraph. The juvenile justice plan shall be developed by the local juvenile justice coordinating council in each county and city and county with the membership described in Section 749.22 of the Welfare and Institutions Code. The plan shall be reviewed and updated annually by the council. The plan or updated plan may, at the discretion of the county or city and county, be approved by the county board of supervisors. The plan or updated plan shall be submitted to the Office of Youth and Community Restoration by May 1 of each year in a format specified by the office that consolidates the form of submission of the annual comprehensive juvenile justice multiagency plan to be developed under this chapter with the form for submission of the annual Youthful Offender Block Grant plan that is required to be developed and submitted pursuant to Section 1961 of the Welfare and Institutions Code. (A) The multiagency juvenile justice plan shall include, but not be limited to, all of the following components: (i) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol, and youth services resources that specifically target at-risk juveniles, juvenile offenders, and their families. (ii) An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substances sales, firearm-related violence, and juvenile substance abuse and alcohol use. (iii) A local juvenile justice action strategy that provides for a continuum of responses to juvenile crime and delinquency and demonstrates a collaborative and integrated approach for implementing a system of swift, certain, and graduated responses for at-risk youth and juvenile offenders. (iv) A description of the programs, strategies, or system enhancements that are proposed to be funded pursuant to this subparagraph. (B) Programs, strategies, and system enhancements proposed to be funded under this chapter shall satisfy all of the following requirements: (i) Be based on programs and approaches that have been demonstrated to be effective in reducing delinquency and addressing juvenile crime for any elements of response to juvenile crime and delinquency, including prevention, intervention, suppression, and incapacitation. (ii) Collaborate and integrate services of all the resources set forth in clause (i) of subparagraph (A), to the extent appropriate. (iii) Employ information sharing systems to ensure that county actions are fully coordinated, and designed to provide data for measuring the success of juvenile justice programs and strategies. (C) To assess the effectiveness of programs, strategies, and system enhancements funded pursuant to this paragraph, each county or city and county shall submit, by October 1 of each year, a report to the county board of supervisors and to the Office of Youth and Community Restoration on the programs, strategies, and system enhancements funded pursuant to this chapter. The report shall be in a format specified by the office that consolidates the report to be submitted pursuant to this chapter with the annual report to be submitted to the office for the Youthful Offender Block Grant program, as required by subdivision (c) of Section 1961 of the Welfare and Institutions Code. The report shall include all of the following: (i) An updated description of the programs, strategies, and system enhancements that have been funded pursuant to this chapter in the immediately preceding fiscal year. (ii) An accounting of expenditures during the immediately preceding fiscal year for each program, strategy, or system enhancement funded pursuant to this chapter. (iii) A description and expenditure report for programs, strategies, or system enhancements that have been cofunded during the preceding fiscal year using funds provided under this chapter and Youthful Offender Block Grant funds provided under Chapter 1.5 (commencing with Section 1950) of Division 2.5 of the Welfare and Institutions Code. (iv) Countywide juvenile justice trend data available from existing statewide juvenile justice data systems or networks, as specified by the Office of Youth and Community Restoration, including, but not limited to, arrests, diversions, petitions filed, petitions sustained, placements, incarcerations, subsequent petitions, and probation violations, and including, in a format to be specified by the office, a summary description or analysis, based on available information, of how the programs, strategies, or system enhancements funded pursuant to this chapter have or may have contributed to, or influenced, the juvenile justice data trends identified in the report. (D) The office shall, within 45 days of having received the county’s report, post on its internet website a description or summary of the programs, strategies, or system enhancements that have been supported by funds made available to the county under this chapter. (E) The Office of Youth and Community Restoration shall compile the local reports and, by March 1 of each year following their submission, make a report to the Governor and the Legislature summarizing the programs, strategies, and system enhancements and related expenditures made by each county and city and county from the appropriation made for the purposes of this paragraph. The annual report to the Governor and the Legislature shall also summarize the countywide trend data and any other pertinent information submitted by counties indicating how the programs, strategies, or system enhancements supported by funds appropriated under this chapter have or may have contributed to, or influenced, the trends identified. The office may consolidate the annual report to the Legislature required under this paragraph with the annual report required by subdivision (d) of Section 1961 of the Welfare and Institutions Code for the Youthful Offender Block Grant program. The annual report shall be submitted pursuant to Section 9795, and shall be posted for access by the public on the internet website of the office. (c) Subject to subdivision (d), for each fiscal year in which the county, each city, the Broadmoor Police Protection District, the Bear Valley Community Services District, the Stallion Springs Community Services District, the Lake Shastina Community Services District, and the Kensington Police Protection and Community Services District receive moneys pursuant to paragraph (3) of subdivision (b), the county, each city, and each district specified in this subdivision shall appropriate those moneys in accordance with the following procedures: (1) In the case of the county, the county board of supervisors shall appropriate existing and anticipated moneys exclusively to provide frontline law enforcement services, other than those services specified in paragraphs (1) and (2) of subdivision (b), in the unincorporated areas of the county, in response to written requests submitted to the board by the county sheriff and the district attorney. Any request submitted pursuant to this paragraph shall specify the frontline law enforcement needs of the requesting entity, and those personnel, equipment, and programs that are necessary to meet those needs. (2) In the case of a city, the city council shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief of police of that city or the chief administrator of the law enforcement agency that provides police services for that city. (3) In the case of the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County, the legislative body of that special district shall appropriate existing and anticipated moneys exclusively to fund frontline municipal police services, in accordance with written requests submitted by the chief administrator of the law enforcement agency that provides police services for that special district. (d) For each fiscal year in which the county, a city, or the Broadmoor Police Protection District within the County of San Mateo, the Bear Valley Community Services District or the Stallion Springs Community Services District within Kern County, the Lake Shastina Community Services District within Siskiyou County, or the Kensington Police Protection and Community Services District within Contra Costa County receives any moneys pursuant to this chapter, in no event shall the governing body of any of those recipient agencies subsequently alter any previous, valid appropriation by that body, for that same fiscal year, of moneys allocated to the county or city pursuant to paragraph (3) of subdivision (b). (e) For the 2011–12 fiscal year, the Controller shall allocate 23.54 percent of the amount deposited in the Local Law Enforcement Services Account in the Local Revenue Fund 2011 for the purposes of paragraphs (1), (2), and (3) of subdivision (b), and shall allocate 23.54 percent for purposes of paragraph (4) of subdivision (b). (f) Commencing with the 2012–13 fiscal year, subsequent to the allocation described in subdivision (c) of Section 29552, the Controller shall allocate 23.54363596 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent to the allocation described in subdivision (c) of Section 29552, shall allocate 23.54363596 percent of the remaining amount for purposes of paragraph (4) of subdivision (b). (g) Commencing with the 2013–14 fiscal year, subsequent to the allocation described in subdivision (d) of Section 29552, the Controller shall allocate 23.54363596 percent of the remaining amount deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011 for the purposes of paragraphs (1) to (3), inclusive, of subdivision (b), and, subsequent to the allocation described in subdivision (d) of Section 29552, shall allocate 23.54363596 percent of the remaining amount for purposes of paragraph (4) of subdivision (b). The Controller shall allocate funds in monthly installments to local jurisdictions for public safety in accordance with this section as annually calculated by the Director of Finance. (h) Funds received pursuant to subdivision (b) shall be expended or encumbered in accordance with this chapter no later than June 30 of the following fiscal year. A local agency that has not met the requirement of this subdivision shall remit unspent SLESA moneys received after April 1, 2009, to the Controller for deposit in the Local Safety and Protection Account, after April 1, 2012, to the Local Law Enforcement Services Account, and after July 1, 2012, to the County Enhancing Law Enforcement Activities Subaccount. This subdivision shall become inoperative on July 1, 2015. (i) In the 2010–11 fiscal year, if the fourth quarter revenue derived from fees imposed by subdivision (a) of Section 10752.2 of the Revenue and Taxation Code that are deposited in the General Fund and transferred to the Local Safety and Protection Account, and continuously appropriated to the Controller for allocation pursuant to this section, are insufficient to provide a minimum grant of one hundred thousand dollars ($100,000) to each law enforcement jurisdiction, the county auditor shall allocate the revenue proportionately, based on the allocation schedule in paragraph (3) of subdivision (b). The county auditor shall proportionately allocate, based on the allocation schedule in paragraph (3) of subdivision (b), all revenues received after the distribution of the fourth quarter allocation attributable to these fees for which payment was due prior to July 1, 2011, until all minimum allocations are fulfilled, at which point all remaining revenue shall be distributed proportionately among the other jurisdictions. (j) The county auditor shall redirect unspent funds that were remitted after July 1, 2012, by a local agency to the County Enhancing Law Enforcement Activities Subaccount pursuant to subdivision (h), to the local agency that remitted the unspent funds in an amount equal to the amount remitted. (Amended by Stats. 2024, Ch. 50, Sec. 1. (AB 169) Effective July 2, 2024.)
  8. 30062.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.7. Supplemental Local Law Enforcement Funding [30061 - 30063] ( Chapter 6.7 added by Stats. 1996, Ch. 134, Sec. 2. )

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    SLESA money must be used only for front line law enforcement services, with limited exceptions, and certain uses are capped or barred.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.7. Supplemental Local Law Enforcement Funding [30061 - 30063] ( Chapter 6.7 added by Stats. 1996, Ch. 134, Sec. 2. ) ## 30062. (a) Except as required by paragraphs (1), (2), and (4) of subdivision (b) of Section 30061, moneys allocated from a Supplemental Law Enforcement Services Account (SLESA) to a recipient entity shall be expended exclusively to provide front line law enforcement services. These moneys shall not be used by local agencies to supplant other funding for Public Safety Services, as defined in Section 36 of Article XIII of the California Constitution. Moneys allocated pursuant to paragraph (4) of subdivision (b) of Section 30061 shall not be used by local agencies to supplant other funding for Public Safety Services, as defined in Section 36 of Article XIII of the California Constitution. (b) In the Counties of Los Angeles, Orange, and San Diego only, the district attorney may, in consultation with city attorneys in the county, determine a prorated share of the moneys received by the district attorney pursuant to this section to be allocated to city attorneys in the county in each fiscal year to fund the prosecution by those city attorneys of misdemeanor violations of state law. (c) In no event shall any moneys allocated from the county’s SLESA be expended by a recipient agency to fund any of the following: (1) Administrative overhead costs in excess of 0.5 percent of a recipient entity’s SLESA allocation for that year. (2) The costs of any capital project or construction project funded from moneys allocated pursuant to paragraph (3) of subdivision (b) of Section 30061 that does not directly support front line law enforcement services. (3) The costs of any capital project or construction project funded from moneys allocated pursuant to paragraph (4) of subdivision (b) of Section 30061. (d) For purposes of subdivision (c), both of the following shall apply: (1) A “recipient agency” or “recipient entity” is that entity that actually incurs the expenditures of SLESA funds allocated pursuant to paragraph (1), (2), (3), or (4) of subdivision (b) of Section 30061. (2) Administrative overhead costs shall only be charged by the recipient entity, as defined in paragraph (1), up to 0.5 percent of its SLESA allocation. (e) For purposes of this chapter, “front line law enforcement services” and “front line municipal police services” each include antigang, community crime prevention, and juvenile justice programs. (Amended by Stats. 2014, Ch. 26, Sec. 7. (AB 1468) Effective June 20, 2014.)
  9. 30063.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.7. Supplemental Local Law Enforcement Funding [30061 - 30063] ( Chapter 6.7 added by Stats. 1996, Ch. 134, Sec. 2. )

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    SLESA money in each county or city must be used only as this chapter requires, and it generally cannot be moved to or mixed with other funds.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.7. Supplemental Local Law Enforcement Funding [30061 - 30063] ( Chapter 6.7 added by Stats. 1996, Ch. 134, Sec. 2. ) ## 30063. The Supplemental Law Enforcement Services Account (SLESA) in each county or city is to be expended exclusively as required by this chapter. Moneys in that fund shall not be transferred to, or intermingled with, the moneys in any other fund in the county or city treasury, except that moneys may be transferred from the SLESA to the county’s or city’s general fund to the extent necessary to facilitate the appropriation and expenditure of those transferred moneys in the manner required by this chapter. (Amended by Stats. 2012, Ch. 43, Sec. 8. (SB 1023) Effective June 27, 2012.)
  10. 30070.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.9. Local Assistance for Rural and Small County Law Enforcement [30070- 30070.] ( Chapter 6.9 added by Stats. 2001, Ch. 205, Sec. 1. )

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    The Controller must allocate specified funding for the program, and the money must be distributed to county sheriffs’ departments for law enforcement efforts in listed counties, with restrictions on how the funds may be used.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6.9. Local Assistance for Rural and Small County Law Enforcement [30070- 30070.] ( Chapter 6.9 added by Stats. 2001, Ch. 205, Sec. 1. ) ## 30070. (a) For the 2011–12 fiscal year, the program authorized by this chapter shall be funded from the Local Law Enforcement Services Account in the Local Revenue Fund 2011. The Controller shall, on a quarterly basis, beginning on October 1, 2011, allocate 4.07 percent of the moneys annually deposited in the Local Law Enforcement Services Account. Commencing with the 2012–13 fiscal year, the program authorized by this chapter shall be funded from the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011. Subsequent to the allocation described in subdivision (c) of Section 29552, the Controller shall allocate 4.06682787 percent of the remaining moneys annually deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011. Commencing with the 2013–14 fiscal year, subsequent to the allocation described in subdivision (d) of Section 29552, the Controller shall allocate 4.06682787 percent of the remaining moneys annually deposited in the Enhancing Law Enforcement Activities Subaccount in the Local Revenue Fund 2011. Funds shall be allocated in monthly installments to county sheriffs’ departments to enhance law enforcement efforts in the counties specified in paragraphs (1) to (37), inclusive, according to the following schedule: (1) Alpine County ........................ 2.7027% (2) Amador County ........................ 2.7027% (3) Butte County ........................ 2.7027% (4) Calaveras County ........................ 2.7027% (5) Colusa County ........................ 2.7027% (6) Del Norte County ........................ 2.7027% (7) El Dorado County ........................ 2.7027% (8) Glenn County ........................ 2.7027% (9) Humboldt County ........................ 2.7027% (10) Imperial County ........................ 2.7027% (11) Inyo County ........................ 2.7027% (12) Kings County ........................ 2.7027% (13) Lake County ........................ 2.7027% (14) Lassen County ........................ 2.7027% (15) Madera County ........................ 2.7027% (16) Marin County ........................ 2.7027% (17) Mariposa County ........................ 2.7027% (18) Mendocino County ........................ 2.7027% (19) Merced County ........................ 2.7027% (20) Modoc County ........................ 2.7027% (21) Mono County ........................ 2.7027% (22) Napa County ........................ 2.7027% (23) Nevada County ........................ 2.7027% (24) Placer County ........................ 2.7027% (25) Plumas County ........................ 2.7027% (26) San Benito County ........................ 2.7027% (27) San Luis Obispo County ........................ 2.7027% (28) Santa Cruz County ........................ 2.7027% (29) Shasta County ........................ 2.7027% (30) Sierra County ........................ 2.7027% (31) Siskiyou County ........................ 2.7027% (32) Sutter County ........................ 2.7027% (33) Tehama County ........................ 2.7027% (34) Trinity County ........................ 2.7027% (35) Tuolumne County ........................ 2.7027% (36) Yolo County ........................ 2.7027% (37) Yuba County ........................ 2.7027% (b) Funds allocated pursuant to this section shall not be used by local agencies to supplant other funding for Public Safety Services, as defined in Section 36 of Article XIII of the California Constitution. (c) The funds allocated pursuant to this section may not be used for any video surveillance or monitoring of the general public. (Amended by Stats. 2014, Ch. 26, Sec. 8. (AB 1468) Effective June 20, 2014.)
  11. 30100.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. )

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    The county treasurer must, when ordered by the State Controller and State Treasurer, settle and pay over to the State Treasurer all money held that belongs to the State.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. ) ## 30100. Upon the order of the State Controller and State Treasurer at any time, the county treasurer shall settle with the State Controller and pay over to the State Treasurer all money in his possession belonging to the State. (Added by Stats. 1947, Ch. 424.)
  12. 30101.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. )

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    County treasurers must settle with the State Controller and pay all state funds in cash to the State Treasurer during the January and June settlement windows.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. ) ## 30101. Between the fifteenth and thirtieth of January and June of each year, the treasurer of each county shall settle in full with the State Controller and pay over in cash to the State Treasurer all funds belonging to the State which have come into his hands as county treasurer before the close of business on the last day of the month prior to the month of settlement. (Added by Stats. 1947, Ch. 424.)
  13. 30102.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. )

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    The State Controller must defer a county settlement until the next regular settlement if the county auditor’s report shows insufficient taxes or other revenues, and the county auditor must report the missing money in the next report. No officer may receive mileage, fees, or commissions for a deferred settlement.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. ) ## 30102. If it appears to the State Controller from the report of the county auditor that sufficient taxes or other revenues have not been collected to make it for the interest of the State that a settlement be made, the State Controller shall defer the settlement until the next regular settlement, and the county auditor shall include in his next report to the State Controller all money required to be reported since the date of his last report upon which a settlement was made. No mileage, fees, or commissions shall be allowed to any officer for any deferred settlement. (Added by Stats. 1947, Ch. 424.)
  14. 30103.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. )

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    A county treasurer who fails to appear at the State Controller and State Treasurer’s office at the specified time to settle and pay under this chapter forfeits $1,000 to the State.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. ) ## 30103. Any county treasurer who neglects or refuses to appear at the office of the State Controller and State Treasurer at the time specified to settle and make payment pursuant to this chapter shall forfeit to the State one thousand dollars ($1,000), to be recovered in an action brought by the Attorney General in the name of the State Controller. (Added by Stats. 1947, Ch. 424.)
  15. 30104.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. )

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    The county auditor must submit a sworn duplicate report to the State Controller between the 1st and 15th of each month when the county treasurer is settling with the State.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. ) ## 30104. Between the 1st and 15th of each month in which the county treasurer is required to settle with the State Controller, the county auditor shall make and verify by his affidavit a report in duplicate to the State Controller, in such form as the Controller prescribes, showing specifically the amount due the State from each particular source of revenue at the close of business on the last day of the month preceding the settlement. (Amended by Stats. 1971, Ch. 102.)
  16. 30105.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. )

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    The county auditor must send one copy of the report to the State Controller and deliver the other copy to the county treasurer.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. ) ## 30105. The auditor shall transmit one copy of the report to the State Controller by mail or express and deliver the other copy to the county treasurer. (Added by Stats. 1947, Ch. 424.)
  17. 30106.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    An auditor who fails to file and transmit required reports must forfeit $1,000 to the State.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. ) ## 30106. Any auditor who fails or refuses to make and transmit the report required by this chapter, or any report or statement required by Division I of the Revenue and Taxation Code, shall forfeit to the State one thousand dollars ($1,000), to be recovered in an action brought by the Attorney General in the name of the State Controller. (Added by Stats. 1947, Ch. 424.)
  18. 30107.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    After a county treasurer settles and pays, the State Controller must record the payment in the State Treasury, return one copy of the auditor’s report to the county treasurer, and the county treasurer and county auditor must file and post the returned copy in their records.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. ) ## 30107. After the county treasurer has made a settlement and payment, the State Controller shall enter the amount of money paid by the county treasurer into the State Treasury upon each copy of the auditor’s report and return one copy of the report to the county treasurer. The county treasurer shall file with the county auditor the copy returned to him by the State Controller, and the auditor shall then make the proper entries in his account with the treasurer. (Added by Stats. 1947, Ch. 424.)
  19. 30108.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The county treasurer is to be reimbursed by the State for actual travel expenses for the trip from the county seat to Sacramento and back, and the State Controller and State Treasurer must issue and pay the warrant.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. ) ## 30108. In the settlement the county treasurer shall receive from the State his actual expenses necessarily incurred in making the trip from the county seat to Sacramento and return. The State Controller shall draw his warrant in favor of the county treasurer on consummation of the settlement with the State and the State Treasurer shall pay the warrant. (Added by Stats. 1947, Ch. 424.)
  20. 30109.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The State Controller may examine the books of officers who collect and receive state taxes, and must direct the Attorney General to prosecute if the Controller believes an officer defrauded the State or failed to perform a revenue-related duty.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. ) ## 30109. The State Controller may examine the books of any officer charged with the collection and receipt of state taxes. If he believes any officer has been guilty of defrauding the State of revenue, or has neglected or refused to perform any duty relating to the revenue, he shall direct the Attorney General to prosecute the delinquent. (Added by Stats. 1947, Ch. 424.)
  21. 30110.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a state-revenue law violation leads to a civil or criminal case, the State Controller may choose the county where the case will be heard.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 7. Settlement With the State [30100 - 30110] ( Chapter 7 added by Stats. 1947, Ch. 424. ) ## 30110. If any violation of law in relation to the revenue of the State necessitates a civil or criminal action against the offender, the State Controller may designate the county in which the prosecution or proceeding shall be had. (Added by Stats. 1947, Ch. 424.)
  22. 3020.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Certain statewide state officers, members of the State Board of Equalization, and state court judges may be impeached for misconduct in office.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  23. 3020.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    When the Senate sits as a court of impeachment, it is a court of record, and the Senate’s officers serve as the court’s officers.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  24. 30200.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8. Accounting Procedures for Counties [30200 - 30201] ( Chapter 8 added by Stats. 1959, Ch. 1883. )

    Verify source ↗

    The Controller must set uniform county accounting procedures that follow GAAP.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8. Accounting Procedures for Counties [30200 - 30201] ( Chapter 8 added by Stats. 1959, Ch. 1883. ) ## 30200. Under this division, the Controller shall prescribe for counties uniform accounting procedures conforming to the Generally Accepted Accounting Principles (GAAP). The procedures shall be adopted under the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 and shall be published in the California Code of Regulations either in their entirety or by reference. The Controller shall prescribe such procedures after consultation with and approval by the Committee on County Accounting Procedures. Approval of such procedures shall be by a majority vote of the members of the committee. The vote may be conducted by mail at the discretion of the chairperson of the committee, provided however, that should one or more members of the committee request a meeting for the purpose of voting, the chairperson shall call a meeting of the committee as provided in Section 30201. (Amended by Stats. 2009, Ch. 332, Sec. 67. (SB 113) Effective January 1, 2010.)
  25. 30201.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8. Accounting Procedures for Counties [30200 - 30201] ( Chapter 8 added by Stats. 1959, Ch. 1883. )

    Verify source ↗

    The State Controller appoints a 10-member County Accounting Procedures Committee, designates its chair, and the committee must meet on the chair’s call with 10 days’ written notice.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 8. Accounting Procedures for Counties [30200 - 30201] ( Chapter 8 added by Stats. 1959, Ch. 1883. ) ## 30201. The Committee on County Accounting Procedures shall consist of 10 members appointed by the State Controller, to serve at the pleasure of the Controller. Five of the members shall be county auditors or county officers in equivalent positions, three shall be county administrative officers, and two shall be members of a county board of supervisors. The members of the committee shall serve without compensation but shall be reimbursed for their necessary traveling and other expenses incurred in attending meetings of the committee. Such expenses shall be paid by the county of which the member is an officer. The State Controller shall designate a member of the committee to serve as chairman. The committee shall meet at the call of the chairman and each member shall be given written notice of any meeting at least 10 days prior to the date of the meeting. (Amended by Stats. 2017, Ch. 387, Sec. 11. (SB 205) Effective January 1, 2018.)
  26. 3021.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Impeachments must be carried out by resolution and conducted by managers elected by the Assembly.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 3021. All impeachments shall be by resolution adopted, originated in, and conducted by managers elected by the Assembly. (Enacted by Stats. 1943, Ch. 134.)
  27. 3022.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Managers must prepare articles of impeachment, present them to the Senate, and prosecute them. The trial must be before the Senate sitting as a court of impeachment.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  28. 3023.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If the Assembly impeaches an officer for a misdemeanor in office, the articles of impeachment must be delivered to the President of the Senate.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  29. 3024.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The Senate must set a hearing day for the impeachment and notify the Assembly.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 3024. The Senate shall assign a day for the hearing of the impeachment and inform the Assembly thereof. (Enacted by Stats. 1943, Ch. 134.)
  30. 3025.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    At least 10 days before the impeachment hearing, the President of the Senate must serve the defendant with the articles of impeachment and a notice to appear and answer.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  31. 3026.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If the defendant cannot be found in the state after diligent inquiry, the Senate may order notice to be published requiring the defendant to appear and answer the impeachment articles.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  32. 3027.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If the defendant does not appear after service or publication is proved, the Senate may set another hearing date or continue to trial and judgment without the defendant.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  33. 3028.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    When the defendant appears, they may object in writing to the sufficiency of the impeachment articles or answer them with an oral plea of not guilty.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  34. 3029.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If the Senate does not sustain an impeachment objection, the defendant must answer the articles of impeachment; if he pleads guilty or refuses to plead, the Senate must enter a conviction judgment.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  35. 3030.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If the defendant pleads not guilty, the Senate must try the impeachment when it sets the trial time.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  36. 30300.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Tax Levying and Collection Procedures for Counties [30300 - 30302] ( Chapter 9 added by Stats. 1967, Ch. 1369. )

    Verify source ↗

    The State Controller must instruct, advise, and direct tax collectors about their duties under the law, and may seek the Attorney General’s opinion on related legal questions when necessary.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Tax Levying and Collection Procedures for Counties [30300 - 30302] ( Chapter 9 added by Stats. 1967, Ch. 1369. ) ## 30300. The State Controller shall instruct, advise, and direct tax collectors as to their duties under the laws. He may obtain the opinion of the Attorney General upon any questions of law relating to such actions in such cases as he deems necessary. (Added by Stats. 1967, Ch. 1369.)
  37. 30301.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Tax Levying and Collection Procedures for Counties [30300 - 30302] ( Chapter 9 added by Stats. 1967, Ch. 1369. )

    Verify source ↗

    The State Controller must prescribe county tax levying and collecting procedures under this division.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Tax Levying and Collection Procedures for Counties [30300 - 30302] ( Chapter 9 added by Stats. 1967, Ch. 1369. ) ## 30301. The State Controller shall prescribe tax levying and collecting procedures under this division. The procedures, which shall include the prescription and use of forms, shall be adopted under the provisions of Chapter 4.5 (commencing with Section 11371) of Part 1, Division 3, Title 2 of the Government Code and published in the California Administrative Code. The State Controller shall prescribe such procedures only after consultation with the Committee on County Tax Collecting Procedures. (Added by Stats. 1967, Ch. 1369.)
  38. 30302.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Tax Levying and Collection Procedures for Counties [30300 - 30302] ( Chapter 9 added by Stats. 1967, Ch. 1369. )

    Verify source ↗

    The State Controller appoints a 10-member county tax collecting committee, and committee members serve without pay but may be reimbursed for necessary travel and related meeting expenses.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 9. Tax Levying and Collection Procedures for Counties [30300 - 30302] ( Chapter 9 added by Stats. 1967, Ch. 1369. ) ## 30302. The Committee on County Tax Collecting Procedures shall consist of 10 members appointed by the State Controller. Two of the members shall be county auditors, four shall be county tax collectors, two of the members shall be county assessors, and two shall be members of a county board of supervisors. The appointment of the members of the committee shall be made by the State Controller. The members of the committee shall serve without compensation but shall be reimbursed for their necessary traveling and other expenses incurred in attending meetings of the committee. Such expenses shall be paid by the county of which the member is an officer or representative. The committee shall select a member thereof to serve as chairman, and shall meet at the call of the chairman. Each member shall be given written notice of any meeting at least 10 days prior to the date of the meeting. (Amended by Stats. 1971, Ch. 864.)
  39. 3031.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    Before the Senate acts on an impeachment, the secretary and the President of the Senate must administer an oath to specified senators, and no senator may act or vote without taking it.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  40. 3032.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A person cannot be convicted on impeachment unless two-thirds of the elected members concur, with votes recorded by ayes and noes.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  41. 3033.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    After conviction, the Senate must pronounce judgment at the time it appoints, and the judgment must be entered as a resolution in the Senate Journal.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  42. 3034.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If a resolution is adopted by a majority of the members present who voted on acquittal or conviction, it becomes the Senate’s judgment.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  43. 3035.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A judgment may suspend the defendant, or remove the defendant from office and disqualify him from holding State office.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  44. 3036.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If a judgment of suspension is given, the defendant cannot receive the office’s salary, fees, or emoluments while the judgment continues.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  45. 3037.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    When articles of impeachment are presented to the Senate against an officer subject to impeachment, the officer is temporarily suspended and may not act in an official capacity until acquitted.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  46. 3038.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    When an officer other than the Governor is temporarily suspended, the Governor must appoint someone to temporarily fill the office, with the Senate’s advice and consent.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  47. 3039.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If the Lieutenant Governor is impeached, the Assembly must immediately notify the Senate.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  48. 3040.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A conviction on impeachment does not bar a related indictment or information.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 2. Impeachment [3020 - 3040] ( Article 2 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  49. 30400.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. )

    Verify source ↗

    This section authorizes a state trustee to present and enforce certain claims against Orange County to help support an acceptable plan of adjustment.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. ) ## 30400. (a) It is in the interest of the state and all public debt issuers within the state to enable the County of Orange to finance an acceptable plan of adjustment in order to improve the credit standing of California public debt issuers and to preserve and protect the health, safety, and welfare of the residents of the county and the state. To that end, successfully resolving the county bankruptcy and restoring the financial position of county government is a matter of statewide interest and concern. (b) As a further guarantee that the county will be able to prepare and obtain confirmation of an acceptable plan of adjustment, it is appropriate to create a back-up mechanism for appointment of a state trustee. (c) It is in the further interest of the state to facilitate and expedite the confirmation of an acceptable plan of adjustment by vesting in a state trustee the authority and discretion to present and enforce certain claims held by cities, public districts, or other governmental agencies against the county. (Amended (as added by Stats. 1995, Ch. 747) by Stats. 1995, Ch. 748, Sec. 7. Effective January 1, 1996.)
  50. 30400.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. )

    Verify source ↗

    This section defines several terms used in the chapter on Orange County financial control.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. ) ## 30400.5. For purposes of this chapter, the following words have the following meanings: (a) “Confirmation of the plan” means confirmation of the plan of adjustment pursuant to Section 943 of Title 11 of the United States Code. (b) “County” means the County of Orange. (c) “Investment pools case” means Case No. SA-94-22273-JR in the United States Bankruptcy Court for the Central District of California. (d) “Pending case” means Case No. SA-94-22272-JR in the United States Bankruptcy Court for the Central District of California. (e) “Plan of adjustment” means a plan of adjustment as that term is used in Sections 941 and 942 of Title 11 of the United States Code, that contains provisions incorporating the material terms of the county consensus recovery plan, as specified in the Joint Agreement of the County of Orange, the Official Investment Pool Participants’ Committee and Each Option A Pool Participant for Resolution of All Claims Against the County of Orange, September 6, 1995. A plan of adjustment may contain other terms and provisions that are not inconsistent with the joint agreement. (f) “Specified county officers” means the treasurer-tax collector, auditor, chief executive officer, and assessor. (g) “Trustee” means the person appointed by the Governor pursuant to Section 30401. (Amended (as added by Stats. 1995, Ch. 747) by Stats. 1995, Ch. 748, Sec. 8. Effective January 1, 1996.)
  51. 30401.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. )

    Verify source ↗

    The Governor may, and in one situation must, appoint a county trustee, who then has emergency financial powers and must meet stated expertise and reporting/loyalty conditions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. ) ## 30401. (a) If the county has not filed a plan of adjustment with the bankruptcy court by January 1, 1996, the Governor may appoint an individual to serve as trustee of the county. The appointment may occur at any time after January 1, 1996, until confirmation of the plan. Notwithstanding the timely filing of a plan of adjustment, the Governor shall appoint a trustee if the Governor determines that, as of May 1, 1996, or any date thereafter, the parties specified below have failed to reach substantial agreement on the terms of the plan of adjustment and the timely confirmation of the plan appears unlikely. Before reaching the foregoing determination, the Governor or his or her designee shall first consult with (1) the specified county officers and the board of supervisors, (2) the Official Committee of Unsecured Creditors of the County of Orange appointed in the pending case, and (3) the Official Committee of Investment Pools Participants appointed in the investment pools case. The trustee is a public official of the state and shall serve at the pleasure of, and is responsible to, the Governor. (b) The trustee shall have recognized expertise in management and public finance. (c) The trustee may institute a financial plan for the county if the county fails to present a balanced budget. (d) In implementing a financial plan for the county, the trustee may exercise all necessary and appropriate powers of the county board of supervisors, subject to the same legal limitations that apply to the board of supervisors. (e) The trustee shall exercise the powers granted pursuant to this chapter for an emergency period that ends upon the adoption, after the appointment of the trustee, of two consecutive balanced final budgets and achievement of two positive audited fund balances, as determined by the Governor or his or her designee. (Amended by Stats. 2001, Ch. 745, Sec. 102. Effective October 12, 2001.)
  52. 30402.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. )

    Verify source ↗

    If a trustee is appointed under this chapter, the trustee takes over the county board’s powers, oversees the pending case, may keep some board powers in place, may use the county’s plan-of-adjustment filing right, and must take powers back if the trustee later decides continued board exercise is not effective. When the emergency period ends, the board’s powers revert.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. ) ## 30402. (a) If a trustee is appointed pursuant to this chapter, all powers granted to the county board of supervisors, including, but not limited to, those powers granted by Section 29530.5, shall be withdrawn and delegated to the trustee. However, the trustee may provide for the continued exercise of all or specified powers by the board of supervisors. Further, the trustee shall oversee the pending case and may exercise the county’s right to file a plan of adjustment. (b) If at any time, in the discretion of the trustee, after consultation with (1) the specified county officers and the board of supervisors, (2) the Official Committee of Unsecured Creditors of the County of Orange appointed in the pending case, and (3) the Official Committee of Investment Pool Participants appointed in the investment pools case, the trustee determines that the continued exercise of specified powers by the board of supervisors is not conducive to the most effective action for resolving the pending case, the trustee shall reassume those powers. (c) Upon termination of the emergency period specified in subdivision (g) of Section 30401 all powers otherwise granted to the board of supervisors shall revert to the board of supervisors. (Added by Stats. 1995, Ch. 747, Sec. 3. Effective January 1, 1996.)
  53. 30403.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. )

    Verify source ↗

    The trustee may hire necessary staff, appoint state employees to help, and is exempt from certain hiring and contracting requirements.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. ) ## 30403. (a) The trustee may employ any staff necessary to assist him or her. (b) To facilitate the appointment of the trustee and the employment of any necessary staff, for the purposes of this section, the trustee is exempt from the requirements of Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code and Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code. (c) Notwithstanding any other provision of law, the trustee may appoint employees of the state to assist the trustee for up to the duration of the trusteeship. The salary and benefits of the employees shall be established by the trustee and paid by the county. During the time of the appointment, the employees shall be deemed to be employees of the county but shall remain in the same retirement system under the same plan as if the employee had remained an employee of the state. Upon the expiration or termination of the appointment, the employee shall have the right to return to his or her former position, or to a position at substantially the same level as that position, with the state. The time served in the appointment shall be counted for all purposes as if the employee had served that time in his or her former position with the state. (Added by Stats. 1995, Ch. 747, Sec. 3. Effective January 1, 1996.)
  54. 30404.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. )

    Verify source ↗

    The trustee may issue certain county debt instruments and may pledge county funds in connection with those issuances.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. ) ## 30404. (a) The trustee may issue or execute and deliver for and in the name and on behalf of the county, any of the following forms of debt or other obligations: (1) Notes, tax anticipation warrants, or other evidences of indebtedness pursuant to Article 7 (commencing with Section 53820), Article 7.5 (commencing with Section 53840), or Article 7.6 (commencing with Section 53850) of Chapter 4 of Part 1 of Division 2 of Title 5. (2) Grant anticipation notes pursuant to Article 7.7 (commencing with Section 53859) of Chapter 4 of Part 1 of Division 2 of Title 5. (3) Revenue bonds pursuant to Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5. (4) Refunding bonds pursuant to Article 9 (commencing with Section 53550) or Article 10 (commencing with Section 53570) of Chapter 3 of Part 1 of Division 2 of Title 5. (5) Certificates of participation or lease revenue bonds to finance the lease or lease-purchase of property and for this purpose may lease property, for and in the name and on behalf of the County of Orange, to or from any other public or private entity. (b) If the trustee issues notes, tax anticipation warrants, or any other evidence of indebtedness or other obligation pursuant to subdivision (a), the trustee may provide, in the terms of the issuance, for the pledge of any taxes, income, revenue, cash receipts, rents, or other moneys of the county, including moneys deposited in inactive or term deposit accounts, or rights to receive the same, to the extent that the taxes, income, revenue, cash receipts, rents, or other moneys could have been used to pay principal or interest on the issuance. The priority and perfection of the pledge shall be governed by Chapter 5.5 (commencing with Section 5450) of Division 6 of Title 1. (Added by Stats. 1995, Ch. 747, Sec. 3. Effective January 1, 1996.)
  55. 30405.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. )

    Verify source ↗

    If a trustee is appointed under this chapter, the trustee may use specified powers to help secure timely confirmation of the county’s plan of adjustment, and must act for a speedy, just resolution without unfair treatment of affected parties.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. ) ## 30405. (a) If a trustee is appointed pursuant to this chapter, the trustee may assume and exercise, solely to the extent necessary to prevent denial of confirmation of the plan of adjustment and consistent with the interests of the state to promote the timely confirmation of the plan, the following specified powers of those cities, public districts, or other governmental agencies holding claims against the county based upon investment losses incurred or derived from the failure of the Orange County Investment Pools: (1) The authority to vote to accept or reject the plan of adjustment filed by the county in the pending case, or to change or withdraw such an acceptance or rejection. (2) The authority to subordinate or otherwise restructure the claims specified in this subdivision against the county. (3) The authority to take actions in the pending case that are consistent with the timely confirmation of the plan. (4) Other powers that are necessary and proper to execute the authority conferred by this section. (b) In exercising the authority conferred by subdivision (a), the trustee shall be serving the public purpose of a speedy and just resolution to the pending case. To that end, the trustee shall not act in a manner inconsistent with the fair treatment of any parties subject to this section. (Added by Stats. 1995, Ch. 747, Sec. 3. Effective January 1, 1996.)
  56. 30406.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. )

    Verify source ↗

    This chapter is severable, so if one provision or its application is invalid, the rest can still operate if they can be given effect without it.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 3. FINANCIAL PROVISIONS [29000 - 30406] ( Division 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 10. Orange County Financial Control [30400 - 30406] ( Chapter 10 added by Stats. 1995, Ch. 747, Sec. 3. ) ## 30406. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 1995, Ch. 747, Sec. 3. Effective January 1, 1996.)
  57. 3060.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    A county grand jury may present a written accusation against certain local officers for willful or corrupt misconduct, but only with the required number of grand juror concurrences.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 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.)
  58. 3061.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    An accusation must state the offense charged in ordinary, concise language and without repetition.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3061. The accusation shall state the offense charged in ordinary and concise language, and without repetition. (Enacted by Stats. 1943, Ch. 134.)
  59. 3062.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The foreman of the grand jury must deliver the accusation to the county district attorney, unless the foreman is the accused officer.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3062. The accusation shall be delivered by the foreman of the grand jury to the district attorney of the county, unless he is the officer accused. (Enacted by Stats. 1943, Ch. 134.)
  60. 3063.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The district attorney must serve the accusation on the defendant, give written notice to appear in superior court and answer it, allow at least 10 days after service before appearance is required, and file the original accusation with the court clerk after service.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3063. The district attorney shall have a copy of the accusation served upon the defendant, and by notice in writing shall require the accused to appear before the superior court of the county, at a time stated in the notice, and answer the accusation. Appearance shall not be required in less than 10 days from the service of the notice. After service, the original accusation shall be filed with the clerk of the court. (Enacted by Stats. 1943, Ch. 134.)
  61. 3064.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The defendant must appear and answer the accusation at the time stated in the notice, unless the court sets another day for sufficient cause.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3064. The defendant shall appear at the time stated in the notice and answer the accusation, unless for some sufficient cause the court assigns another day for that purpose. If he does not appear, the court may proceed to hear and determine the accusation in his absence. (Enacted by Stats. 1943, Ch. 134.)
  62. 3065.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The defendant may respond to the accusation by challenging its sufficiency or any part of it, or by denying the accusation is true.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3065. The defendant may answer the accusation either by objecting to its sufficiency or any article therein, or by denying the truth of the accusation. (Enacted by Stats. 1943, Ch. 134.)
  63. 3066.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If a person objects to the legal sufficiency of an accusation, the objection must be in writing.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3066. If he objects to the legal sufficiency of the accusation, the objection shall be in writing. The objection need not be in any specific form. It is sufficient if it presents intelligibly the grounds of the objection. (Enacted by Stats. 1943, Ch. 134.)
  64. 3067.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If a person denies the accusation, the denial may be made orally and without an oath.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3067. If he denies the truth of the accusation, the denial may be oral and without oath. The denial shall be entered upon the minutes. (Enacted by Stats. 1943, Ch. 134.)
  65. 3068.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If an objection to the sufficiency of the accusation is not sustained, the defendant must answer at once.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3068. If an objection to the sufficiency of the accusation is not sustained, the defendant shall answer thereto forthwith. (Enacted by Stats. 1943, Ch. 134.)
  66. 3069.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    If the defendant pleads guilty or refuses to answer, the court must enter a conviction. If the defendant denies the charges, the court must try the accusation right away or at a time it sets.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3069. If the defendant pleads guilty, or refuses to answer the accusation, the court shall render judgment of conviction against him. If he denies the matters charged, the court shall immediately, or at such time as it appoints, try the accusation. (Enacted by Stats. 1943, Ch. 134.)
  67. 3070.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The trial must be by a jury and conducted like the trial of an indictment.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3070. The trial shall be by a jury, and conducted in all respects in the same manner as the trial of an indictment. (Enacted by Stats. 1943, Ch. 134.)
  68. 3071.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    The district attorney and the defendant are each entitled to the process needed to compel witnesses to attend, as in a trial of an indictment.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3071. The district attorney and the defendant are each entitled to such process as is necessary to enforce the attendance of witnesses as upon a trial of an indictment. (Enacted by Stats. 1943, Ch. 134.)
  69. 3072.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    After a conviction, the court must pronounce judgment removing the defendant from office.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3072. Upon a conviction and at the time appointed by the court it shall pronounce judgment that the defendant be removed from office. To warrant a removal, the judgment shall be entered upon the minutes, and the causes of removal shall be assigned therein. (Enacted by Stats. 1943, Ch. 134.)
  70. 3073.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    For a district attorney removal proceeding, the grand jury foreman must deliver the accusation to the clerk, the clerk must deliver it to a superior court judge, and the judge must appoint or route a prosecuting officer to conduct the case.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3073. The same proceedings may be had on like grounds for the removal of a district attorney, except that the accusation shall be delivered by the foreman of the grand jury to the clerk, and by him to a judge of the superior court of the county. The judge shall appoint a person to act as prosecuting officer in the matter, or place the accusation in the hands of the district attorney of an adjoining county, and require him to conduct the proceedings. (Enacted by Stats. 1943, Ch. 134.)
  71. 3074.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    An officer subject to this article may be removed from office for willful or corrupt misconduct in office if the misconduct occurred within the six years before a grand jury accusation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3074. Any officer subject to removal pursuant to this article may be removed from office for willful or corrupt misconduct in office occurring at any time within the six years immediately preceding the presentation of an accusation by the grand jury. (Added by Stats. 1971, Ch. 702.)
  72. 3075.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. )

    Verify source ↗

    In a proceeding under this article, the appeal goes to the court of appeal.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 7. Removal from Office [3000 - 3075] ( Chapter 7 enacted by Stats. 1943, Ch. 134. ) ## ARTICLE 3. Removal Other Than by Impeachment [3060 - 3075] ( Article 3 enacted by Stats. 1943, Ch. 134. ) ## 3075. In a proceeding under this article, appeal is to the court of appeal. (Added by Stats. 1998, Ch. 931, Sec. 178. Effective September 28, 1998.)
  73. 3100.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. )

    Verify source ↗

    Public employees are declared disaster service workers and may be assigned disaster service activities by their superiors or by law.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. ) ## 3100. It is hereby declared that the protection of the health and safety and preservation of the lives and property of the people of the state from the effects of natural, manmade, or war-caused emergencies which result in conditions of disaster or in extreme peril to life, property, and resources is of paramount state importance requiring the responsible efforts of public and private agencies and individual citizens. In furtherance of the exercise of the police power of the state in protection of its citizens and resources, all public employees are hereby declared to be disaster service workers subject to such disaster service activities as may be assigned to them by their superiors or by law. (Amended by Stats. 1971, Ch. 38.)
  74. 31000.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors may contract for special services for county entities and may pay for those services from available funds.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31000. The board of supervisors may contract for special services on behalf of the following public entities: the county, any county officer or department, or any district or court in the county. Such contracts shall be with persons specially trained, experienced, expert and competent to perform the special services. The special services shall consist of services, advice, education or training for such public entities or the employees thereof. The special services shall be in financial, economic, accounting (including the preparation and issuance of payroll checks or warrants), engineering, legal, medical, therapeutic, administrative, architectural, airport or building security matters, laundry services or linen services. They may include maintenance or custodial matters if the board finds that the site is remote from available county employee resources and that the county’s economic interests are served by such a contract rather than by paying additional travel and subsistence expenses to existing county employees. The board may pay from any available funds such compensation as it deems proper for these special services. The board of supervisors may, by ordinance, direct the purchasing agent to enter into contracts authorized by this section within the monetary limit specified in Section 25502.5 of the Government Code. (Amended by Stats. 1978, Ch. 564.)
  75. 31000.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors may appoint citizen commissions or committees to study issues and report back, and it may pay approved travel, lodging, and meal expenses for members while on official business.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31000.1. The board of supervisors may appoint commissions or committees of citizens to study problems of general or special interest to the board and to make reports and recommendations to the board. The members of such commissions need not be specially trained or experienced with respect to the matters to be studied. The board may pay from any available funds such actual and necessary expenses of travel, lodging, and meals for the members of such commissions while on official business as may be approved by the board. (Added by Stats. 1965, Ch. 1496.)
  76. 31000.11.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    Counties must create a hiring preference program for qualified applicants from disadvantaged groups for internship and student positions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31000.11. (a) Each county shall develop a program that gives a preference to qualified applicants who are members of a disadvantaged group for the hiring of internship and student positions. The county shall determine the criteria for county agencies to participate in the program in accordance with this section. (b) Any application for an internship or student assistant position with a county agency participating in the hiring preference program shall allow the applicant to identify that the applicant is eligible for a preference under this section, but the application shall not require the applicant to identify the specific category that entitles him or her for eligibility. (c) The preferred selection process shall include an assessment of the applicant’s ability to perform the duties of the desired position. (d) For the purpose of this section, the following terms apply: (1) “Disadvantaged groups” includes, but is not limited to, foster youth, homeless youth, formerly homeless youth, and formerly incarcerated youth. (2) “Foster youth” means any individual who meets, or has ever met, either of the following criteria: (A) A child who was the subject of a petition filed pursuant to Section 300 of the Welfare and Institutions Code and was removed from his or her home by the juvenile court pursuant to Section 319 or 361 of the Welfare and Institutions Code. (B) A child who was the subject of a petition filed pursuant to Section 602 of the Welfare and Institutions Code and was removed from his or her home by the juvenile court pursuant to Section 727 of the Welfare and Institutions Code. (3) “Homeless youth” means an applicant up to 26 years of age who has been verified as a homeless child or youth, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)), by a homeless services provider, as defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety Code. (4) “Formerly homeless youth” means an individual up to 26 years of age who was previously a homeless youth. (5) “Formerly incarcerated youth” means an individual who has been sentenced to be incarcerated in, or in the custody of, the Division of Adult Operations in the Department of Corrections and Rehabilitation, Division of Juvenile Justice in the Department of Corrections and Rehabilitation, or county jail and released from that incarceration or custody before the individual attained 21 years of age. (6) “Preference” means priority over similarly qualified applicants for placement in the position. (e) Nothing in this section creates a right to, or hiring preference for, a permanent civil service position. (f) This section shall not apply to a charter county. (Added by Stats. 2018, Ch. 878, Sec. 1. (AB 2830) Effective January 1, 2019.)
  77. 31000.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    The board of supervisors may pay reasonable and necessary expenses, and special allowances like per-meeting stipends, to members of commissions, boards, or committees it appoints, unless another law says otherwise.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31000.2. Unless otherwise provided by law, the board of supervisors may provide for the payment of reasonable and necessary expenses of, and of special allowances such as per meeting stipends to, members of commissions, boards, or committees appointed by it, except that no such additional expenses or special allowances shall be paid to such a member who is also a member of the board of supervisors. (Amended by Stats. 1980, Ch. 385.)
  78. 31000.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    A board of supervisors may include deferred compensation in a services contract if the contract and deposit arrangements meet the listed conditions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31000.3. Any contract for services entered into by a board of supervisors pursuant to Section 31000 may provide for deferred payment of compensation for services rendered if (a) the terms and conditions under which payment of deferred compensation is to be made are set forth in the contract; and (b) the deferred compensation is deposited with a corporation or association authorized to conduct the business of a trust company in this state; and (c) the deposit of deferred compensation is made pursuant to the terms of a written agreement between the board of supervisors and the depository under which it is agreed that the deferred compensation shall be invested only in such investments, securities, annuities and policies of life insurance as may be agreed upon; and (d) the agreement between the board of supervisors and the depository provides that the deferred compensation and any increment thereto shall be refunded to the board of supervisors if the contractor fails to comply with the terms and conditions specified in the contract of employment. (Added by Stats. 1969, Ch. 354.)
  79. 31000.4.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    The board of supervisors may hire temporary help firms to assist county agencies, departments, or offices during a peak load, temporary absence, or emergency, except a labor dispute, if the board finds it is economically better than hiring staff directly.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31000.4. The board of supervisors may contract with temporary help firms for temporary help to assist county agencies, departments, or offices during any peak load, temporary absence, or emergency other than a labor dispute, provided the board determines that it is in the economic interest of the county to provide such temporary help by contract, rather than employing persons for such purpose. Use of temporary help under this section shall be limited to a period of not to exceed 90 days for any single peak load, temporary absence, or emergency situation. (Added by Stats. 1977, Ch. 917.)
  80. 31000.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    The board of supervisors may hire technical assistants for the assessor and may make agreements with other counties about their employment and funding.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31000.5. The board of supervisors may employ technical assistants for the assessor to enable him to secure the necessary maps and plats for the performance of his work. The board may employ such technical assistants, either exclusively for the county or may enter into agreements for the employment of such persons with the board or boards of supervisors of one or more other counties. The agreement may provide that contributions from the treasuries of the respective counties may be made for the purpose of paying the compensation and expenses of such technical assistants, and the amounts or percentages to be paid by each county. The agreement may be continued for a definite term or until rescinded and may provide for the method of rescission by any of the contracting counties. (Added by Stats. 1947, Ch. 1569.)
  81. 31000.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    This section requires the county board of supervisors to hire legal counsel in certain conflict-of-interest situations for specified county officers, allows a judge-based ex parte process if the board disagrees, and can require the affected office to pay costs if the action is frivolous and in bad faith.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31000.6. (a) Upon request of the assessor, auditor-controller, sheriff, or elected treasurer-tax collector of the county, the board of supervisors shall contract with and employ legal counsel to assist the assessor, auditor-controller, sheriff, or elected treasurer-tax collector in the performance of their duties in any case where the county counsel or the district attorney would have a conflict of interest in representing the assessor, auditor-controller, sheriff, or elected treasurer-tax collector. (b) In the event that the board of supervisors does not concur with the assessor, auditor-controller, sheriff, or elected treasurer-tax collector that a conflict of interest exists, the assessor, auditor-controller, sheriff, or elected treasurer-tax collector, after giving notice to the county counsel or the district attorney, may initiate an ex parte proceeding before the presiding judge of the superior court. The county counsel or district attorney may file an affidavit in the proceeding in opposition to, or in support of, the assessor’s, auditor-controller’s, sheriff’s, or elected treasurer-tax collector’s position. (c) The presiding superior court judge that determines in any ex parte proceeding that a conflict actually exists, must, if requested by one of the parties, also rule whether representation by the county counsel or district attorney through the creation of an “ethical wall” is appropriate. The factors to be considered in this determination of whether an “ethical wall” should be created are: (1) equal representation, (2) level of support, (3) access to resources, (4) zealous representation, or (5) any other consideration that relates to proper representation. (d) If a court determines that the action brought by the assessor, auditor-controller, sheriff, or elected treasurer-tax collector is frivolous and in bad faith, the assessor’s office, auditor-controller’s office, sheriff’s office, or elected treasurer-tax collector’s office shall pay their own legal costs and all costs incurred in the action by the opposing party. As used in this section, “bad faith” and “frivolous” have the meanings given in Section 128.5 of the Code of Civil Procedure. (e) If the presiding judge determines that a conflict of interest does exist, and that representation by the county counsel or district attorney through the creation of an ethical wall is inappropriate, the board of supervisors shall immediately employ legal counsel selected by the presiding judge to assist the assessor, the auditor-controller, sheriff, or elected treasurer-tax collector. The assessor, the auditor-controller, sheriff, or elected treasurer-tax collector may recommend specific legal counsel for selection by the presiding judge. The board of supervisors may also separately recommend specific legal counsel for selection by the presiding judge. When selecting counsel pursuant to this section, the presiding judge shall consider the counsel compensation rates prevailing in the county for similar work. (f) As used in this section, “conflict of interest” means a conflict of interest as defined in Rule 1.7 of the Rules of Professional Conduct of the State Bar of California, as construed for public attorneys. (g) This section shall also apply to any matter brought after an assessor, auditor-controller, sheriff, or elected treasurer-tax collector leaves office if the matter giving rise to the need for independent legal counsel was within the scope of the duties of the assessor, auditor-controller, sheriff, or elected treasurer-tax collector while in office, and the assessor, auditor-controller, sheriff, or elected treasurer-tax collector would have been authorized under this section to request the appointment of independent legal counsel. (Amended by Stats. 2024, Ch. 80, Sec. 66. (SB 1525) Effective January 1, 2025.)
  82. 31000.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    A law firm may not represent both the assessor and the county board of equalization on matters related to board hearings.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31000.7. The same law firm shall not be employed to advise or represent both the assessor and the county board of equalization on any matters relating to hearings before the county board of equalization. This prohibition shall not apply to the county counsel’s office. Individual representatives of that office may represent the assessor and the county board of equalization, as long as the same individual does not represent both parties. (Added by Stats. 1971, Ch. 1104.)
  83. 31000.8.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    A county board of supervisors may hire a qualified firm to handle certain claims-related services for self-insured county programs.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31000.8. Notwithstanding any other law to the contrary, the board of supervisors of a county which is wholly or partially self-insured under the workers’ compensation laws, which is wholly or partially self-insured against public liability, or which is wholly or partially self-insured for employee health and welfare benefits, may contract with a qualified firm for the purpose of having such firm render investigative, administrative, and claims adjustment services relating to workers’ compensation and public liability and employee health and welfare benefit claims against the county. The contract may provide that the contracting firm may reject, settle, compromise and approve workers’ compensation, and public liability and employee health and welfare benefit claims against the county, its officers or employees, within such limits and for such amounts as the board of supervisors may specify, and may provide that the contracting firm may execute and issue checks in payment of such claims, which checks shall be payable only from a trust fund which may be established by the board of supervisors. Funds in the trust fund established by the board pursuant to the provisions of this section shall not exceed a sum sufficient to provide for the settlement of claims for a 30-day period as determined by the board of supervisors or the sum of twenty thousand dollars ($20,000), whichever is larger, at any one time. The rejection or settlement and approval of a claim by the contracting firm in accordance with the terms of the contract shall have the same effect as would the rejection or settlement and approval of such a claim by the board of supervisors and the county auditor. The contract may also provide that the contracting firm may employ legal counsel, subject to such terms and limitations as the board may prescribe, to advise such contracting firm concerning the legality and advisability of rejecting, settling, compromising and paying claims referred to said contracting firm by the county for investigation and adjustment, or to represent the county in litigation concerning such claims. The compensation and expenses of such attorney for services rendered to the county shall be county charges. The contract provided for in this section may contain such other terms and conditions as the board of supervisors may consider necessary or desirable to effectuate the county’s self-insured programs. In lieu of, or in addition to, contracting for the services described in this section, the board of supervisors may authorize a county employee to perform any or all of the services and functions which the board may contract for under the provisions of this section. As used in this section: (a) “Firm” includes a person, corporation, or other legal entity. (b) “Board of supervisors” includes governing boards of districts and other public agencies for which the board of supervisors acts as the governing board. (c) “County” includes such districts and other public agencies for which the board of supervisors acts as the governing board. (Amended by Stats. 1981, Ch. 317, Sec. 2.)
  84. 31000.9.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    In counties with 6,000,000 or more people, the board of supervisors may authorize certain county officers, by ordinance, to make limited county project service contracts and amendments within stated dollar and percentage limits.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31000.9. (a) In counties containing a population of 6,000,000 or over, the board of supervisors may, by ordinance, authorize county officers having responsibility for the design and construction of county projects to enter into contracts for architectural, engineering, and related services where the amount of the contract does not exceed three hundred thirty thousand dollars ($330,000), and to enter into amendments to those contracts entered into by the board where the amount of any amendment does not exceed 10 percent of the amount of the original contract or three hundred thirty thousand dollars ($330,000), whichever is less. The aggregate total amount of the amendments to an original contract may not exceed 25 percent of the amount of the original contract. Any authorization shall include detailed procedures governing the county officer in the exercise of that authority. (b) Nothing in this section shall be construed to remove the county’s requirement to follow the applicable provisions of the Public Contract Code as it relates to the advertising of public works projects and award of public works contracts. (Amended by Stats. 2019, Ch. 329, Sec. 12. (SB 780) Effective January 1, 2020.)
  85. 31001.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    A county board of supervisors in a county without a charter-created county counsel office may hire counsel to help the district attorney advise and represent the board and district officers on legal matters.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31001. The board of supervisors of any county not having a charter which creates the office of county counsel may employ and contract with counsel to assist the district attorney in representing and advising it and all district officers in all matters and questions of law pertaining to their duties and to civil legal questions affecting the county or districts. (Amended by Stats. 1951, Ch. 1553.)
  86. 31002.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    The board of supervisors may hire copyists to reproduce county records and indices that have been lost, destroyed, or are at risk of destruction.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31002. The board of supervisors may employ copyists to reproduce any county records and indices that are lost or destroyed by conflagration, public calamity, or otherwise or that are in danger of destruction by age, obliteration, or constant use in any of the county offices. (Added by Stats. 1947, Ch. 424.)
  87. 31003.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    The county board of supervisors may set up insurance benefits for certain county employees and may pay premiums, including by deducting employees’ share from their compensation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31003. The board of supervisors may adopt a system of insurance for the benefit of physicians, nurses, and any or all other persons employed in county institutions or county health departments. It may procure life and disability insurance for the benefit of such employees from any admitted insurer and pay the whole or any part of the premiums upon such insurance from the general fund or the salary fund, as part of the compensation of the employees. The board may deduct from the compensation of such employees and apply to the payment of the premiums that part thereof determined by it to be payable by the employees. (Added by Stats. 1947, Ch. 424.)
  88. 31004.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    In counties with a charter civil service system, the board of supervisors may require covered persons to post an official bond, with the bond amount set by the board.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31004. In any county having a charter providing for a civil service system for county employees, the board of supervisors may require any person included within the civil service system to give an official bond in an amount to be prescribed by the board. He may be included with other persons in a schedule bond executed by a qualified corporate surety and inuring to the benefit of the county and of the officer under whom he holds office or employment. The liability of the surety on the schedule bond is not affected by any change of the person holding any principal office or in the membership of any board or commission, but continues as long as any person named in the schedule bond is included therein and continues to exercise the duties of his office or employment. (Added by Stats. 1947, Ch. 424.)
  89. 31005.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    County boards of supervisors may not set minimum or maximum age limits for county jobs, and age cannot be used as a minimum qualification for county employment.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31005. The board of supervisors of any county, chartered or otherwise, shall not by ordinance establish any minimum or maximum age limits for any county employment, whether as officer, deputy, or assistant, and age shall not be a minimum qualification for any county employment. (Added by Stats. 1947, Ch. 424.)
  90. 31006.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    County jobs must be open to otherwise qualified applicants who meet the minimum qualifications, and county appointing officials may not bar employment just because of age.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31006. Any person possessing all the minimum qualifications for any county employment is eligible for appointment to that employment, and neither the board of supervisors nor any other county officer or employee possessing the power of appointment shall adopt any rule, either written or unwritten, prohibiting the employment of any person in any county position, who is otherwise qualified therefor, solely because of his age. (Added by Stats. 1947, Ch. 424.)
  91. 31007.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    This section says county law does not require or permit employing a person in a county job after that person reaches the compulsory retirement age set for that job by the county employees’ retirement system.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31007. This part does not require or authorize the employment of any person in a particular county employment who has reached the compulsory retirement age prescribed by a county employees’ retirement system for that particular employment whether such person is a member of such county employees’ retirement system or not. (Amended by Stats. 1961, Ch. 84.)
  92. 31008.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

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    The board of supervisors may set minimum or maximum age limits for hiring deputy sheriffs, county peace officers, and county firemen, and may also do so for firemen in a fire district or fire protection district when acting for that district.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31008. This part does not prevent the board of supervisors from fixing minimum or maximum age limits for the employment of deputy sheriffs and county peace officers or county firemen, nor, while acting directly as the governing body or ex officio governing body of any fire district or fire protection district, from fixing minimum or maximum age limits for the employment of firemen for any such district. (Amended by Stats. 1961, Ch. 84.)
  93. 31009.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Certain county job applicants with a preexisting physical impairment could be required to sign a waiver of disability retirement rights, and the county must give written notice of the rights being waived.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31009. Prior to January 1, 1981, an applicant for employment who does not meet the physical standards established for his employment because of a physical impairment existing on the date of his employment may be required by the county as a condition to such employment to execute a waiver of any and all rights to a disability retirement under the County Employees Retirement Law of 1937 arising as a result of such impairment or any aggravation thereof while in county service. The county shall provide the applicant with written notice of the rights and benefits which such applicant is being required to waive. The applicant shall give written acknowledgement of the receipt of such notice. No earlier than two years after employment an employee who has waived rights pursuant to this section may apply to the retirement board to review such waiver to determine if it shall remain in force. The employee shall submit a physician’s report concerning the condition for which such a waiver was required with such request for review. The retirement board may require, at county expense, an examination of such employee by a physician of such board’s choosing. The retirement board, following a hearing, may release such employee from all or part of a waiver given pursuant to this section. An employee may not require such a review more often than every two years, although such board in its sole discretion may allow a review at more frequent intervals. (Amended by Stats. 1980, Ch. 1343.)
  94. 3101.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. )

    Verify source ↗

    This section defines “disaster service worker” and “public employees” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. ) ## 3101. For the purpose of this chapter the term “disaster service worker” includes all public employees and all volunteers in any disaster council or emergency organization accredited by the Office of Emergency Services. The term “public employees” includes all persons employed by the state or any county, city, city and county, state agency, or public district, excluding a person who is legally employed but who is not a citizen or national of the United States. (Amended by Stats. 2021, Ch. 296, Sec. 29. (AB 1096) Effective January 1, 2022.)
  95. 31010.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county board of supervisors may create and fund a municipal advisory council for an unincorporated area by resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31010. The board of supervisors of any county may by resolution establish and provide funds for the operation of a municipal advisory council for any unincorporated area in the county to advise the board on such matters which relate to that area as may be designated by the board concerning services which are or may be provided to the area by the county or other local governmental agencies, including but not limited to advice on matters of public health, safety, welfare, public works, and planning. Unless the board of supervisors specifically provides to the contrary, a municipal advisory council may represent the community to any state, county, city, special district or school district, agency or commission, or any other organization on any matter concerning the community. The board may pay from available funds such actual and necessary expenses of travel, lodging, and meals for the members of the council while on such official business as may be approved by the board. The resolution establishing any such municipal advisory council shall provide for the following: (a) The name of the municipal advisory council. (b) The qualifications, number, and method of selection of its members, whether by election or appointment. (c) Its designated powers and duties. (d) The unincorporated area or areas for which the municipal advisory council is established. (e) Whether the establishment of the council should be submitted to the voters and the method for such submission; provided that if an election is required pursuant to subdivision (b), such election shall be held at the same time as an election held pursuant to this subdivision. (f) Such other rules, regulations and procedures as may be necessary in connection with the establishment and operation of the municipal advisory council. (Amended by Stats. 1978, Ch. 41.)
  96. 31010.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A governing board member of certain special districts is not treated as holding an incompatible office because of service on a municipal advisory council.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31010.5. (a) Service as a member of a governing board of a special district named in subdivision (b) shall not be considered an incompatible office with service on a municipal advisory council established pursuant to Section 31010. (b) (1) A community services district established pursuant to the Community Services District Law (Division 3 (commencing with Section 61000) of Title 6). (2) A recreation and park district established pursuant to the Recreation and Park District Law (Chapter 4 (commencing with Section 5780) of Division 5 of the Public Resources Code). (Amended by Stats. 2010, Ch. 699, Sec. 5. (SB 894) Effective January 1, 2011.)
  97. 31011.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Every employee has the right to inspect personnel records.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 1. GENERAL [31000 - 31011] ( Part 1 added by Stats. 1947, Ch. 424. ) ## 31011. Every employee has the right to inspect personnel records pursuant to Section 1198.5 of the Labor Code. (Repealed and added by Stats. 2000, Ch. 886, Sec. 7. Effective January 1, 2001.)
  98. 3102.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. )

    Verify source ↗

    Disaster service workers must take and sign the chapter’s oath or affirmation before starting work.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. ) ## 3102. (a) All disaster service workers shall, before they enter upon the duties of their employment, take and subscribe to the oath or affirmation required by this chapter. (b) In the case of intermittent, temporary, emergency or successive employments, then in the discretion of the employing agency, an oath taken and subscribed as required by this chapter shall be effective for the purposes of this chapter for all successive periods of employment which commence within one calendar year from the date of that subscription. (c) Notwithstanding subdivision (b), the oath taken and subscribed by a person who is a member of an emergency organization sanctioned by a state agency or an accredited disaster council, whose members are duly enrolled or registered with the Office of Emergency Services, or any accredited disaster council of any political subdivision, shall be effective for the period the person remains a member with that organization. (Amended by Stats. 2013, Ch. 352, Sec. 105. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  99. 3103.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. )

    Verify source ↗

    This section says the oath or affirmation required by the chapter is the one set out in Section 3 of Article XX of the California Constitution.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. ) ## 3103. The oath or affirmation required by this chapter is the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California. (Amended by Stats. 1953, Ch. 1250.)
  100. 3104.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. )

    Verify source ↗

    An oath or affirmation may be taken before an authorized officer, and a disaster service worker’s oath or affirmation may also be taken before the appointing power or a person authorized in writing by that appointing power. No fee may be charged by the person taking and subscribing the oath or affirmation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. ) ## 3104. The oath or affirmation may be taken before any officer authorized to administer oaths. The oath or affirmation of any disaster service worker may be taken before his appointing power or before any person authorized in writing by his appointing power. No fee shall be charged by any person before whom the oath or affirmation is taken and subscribed. (Amended by Stats. 1971, Ch. 38.)
  101. 3105.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. )

    Verify source ↗

    Different disaster service workers must file their oaths or affirmations with the specified office or official, and state workers must do so within 30 days.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. ) ## 3105. (a) The oath or affirmation of any disaster service worker of the state shall be filed as prescribed by State Personnel Board rule within 30 days of the date on which it is taken and subscribed. (b) The oath or affirmation of any disaster service worker of any county shall be filed in the office of the county clerk of the county or in the official department personnel file of the county employee who is designated as a disaster service worker. (c) The oath or affirmation of any disaster service worker of any city shall be filed in the office of the city clerk of the city. (d) The oath or affirmation of any disaster service worker of any other public agency, including any district, shall be filed with any officer or employee of the agency that may be designated by the agency. (e) (1) In its discretion, the board of supervisors of a county may require every disaster service worker of that county who legally changes their name, within 10 days from the date of the change, to file a new oath or affirmation in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this paragraph is a public record subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000)). (2) Notwithstanding any other law, including, but not limited to, Sections 3108 and 3109, failure of a disaster service worker to file a new oath of office required by the board of supervisors pursuant to this subdivision shall not be punishable as a crime. (f) The oath or affirmation of any disaster service worker may be destroyed without duplication five years after the termination of the disaster service worker’s service or, in the case of a public employee, five years after the termination of the employee’s employment. (Amended by Stats. 2021, Ch. 615, Sec. 137. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  102. 3106.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. )

    Verify source ↗

    For state employees, complying with this chapter counts as full compliance with the related oath requirement in the code.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. ) ## 3106. Compliance with this chapter shall, as to state employees, be deemed full compliance with Chapter 4, Part 1, Division 5, Title 2 of this code, requiring taking of oaths by state employees. (Added by Stats. 1950, 3rd Ex. Sess., Ch. 7.)
  103. 3107.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. )

    Verify source ↗

    Public agencies may not pay compensation or expense reimbursement to a disaster service worker unless the worker has taken and subscribed to the required oath or affirmation.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. ) ## 3107. No compensation nor reimbursement for expenses incurred shall be paid to any disaster service worker by any public agency unless such disaster service worker has taken and subscribed to the oath or affirmation required by this chapter. It shall be the duty of the person certifying to public payrolls to ascertain and certify that such disaster service worker has taken such oath or affirmation. Whenever there is more than one officer certifying to public payrolls the governing body of a city or county or school district may designate and make it the duty of a certain officer or officers to ascertain and certify that such disaster service worker has taken such oath or affirmation. The governing body of a city or county or school district may designate and make it the duty of a local disaster service officer to ascertain and certify that each volunteer disaster service worker has taken such oath or affirmation. Nothing in this chapter, however, shall prevent the correction of any technical error or deficiency in an oath taken pursuant to this chapter; provided, such correction is made before the disaster service worker is actually paid or reimbursed. (Amended by Stats. 1971, Ch. 38.)
  104. 3108.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. )

    Verify source ↗

    A person taking this chapter’s oath or affirmation must not knowingly state a false material matter; doing so is perjury and can lead to a 2, 3, or 4 year prison term.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. ) ## 3108. Every person who, while taking and subscribing to the oath or affirmation required by this chapter, states as true any material matter which he or she knows to be false, is guilty of perjury, and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (Amended by Stats. 2011, Ch. 15, Sec. 126. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  105. 3109.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. )

    Verify source ↗

    A person who has taken the chapter’s oath or affirmation and is employed by certain state or local public bodies must not support or join groups that advocate overthrowing the U.S. government by force, violence, or other unlawful means.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8. Oath or Affirmation of Allegiance for Disaster Service Workers and Public Employees [3100 - 3109] ( Heading of Chapter 8 amended by Stats. 1972, Ch. 590. ) ## 3109. Every person having taken and subscribed to the oath or affirmation required by this chapter, who, while in the employ of, or service with, the state or any county, city, city and county, state agency, public district, or disaster council or emergency organization advocates or becomes a member of any party or organization, political or otherwise, that advocates the overthrow of the government of the United States by force or violence or other unlawful means, is guilty of a felony, and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code. (Amended by Stats. 2011, Ch. 15, Sec. 127. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  106. 3110.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8.5. Volunteers [3110 - 3119.5] ( Chapter 8.5 added by Stats. 1978, Ch. 1195. ) ## ARTICLE 1. General [3110 - 3112] ( Article 1 added by Stats. 1978, Ch. 1195. )

    Verify source ↗

    This chapter may be cited as the California State Government Volunteers Act.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8.5. Volunteers [3110 - 3119.5] ( Chapter 8.5 added by Stats. 1978, Ch. 1195. ) ## ARTICLE 1. General [3110 - 3112] ( Article 1 added by Stats. 1978, Ch. 1195. ) ## 3110. This chapter shall be known and may be cited as the California State Government Volunteers Act. (Added by Stats. 1978, Ch. 1195.)
  107. 31100.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This part may be cited as the County Civil Service Enabling Law.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31100. This part may be cited as the County Civil Service Enabling Law. (Added by Stats. 1947, Ch. 424.)
  108. 31101.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section says Part 2 does not limit county charter powers or certain powers of county boards of supervisors under the California Constitution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31101. This part does not limit any powers conferred on any county by charter or any powers conferred on boards of supervisors of counties by subdivision (b) of Section 1 or Section 4 of Article XI of the California Constitution. (Amended by Stats. 1985, Ch. 985, Sec. 9.)
  109. 31102.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This provision says the part is intended to let any county adopt a limited civil service system suited to its size and type.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31102. It is the intent of this part to enable any county to adopt such a limited civil service system as is adaptable to its size and type. (Added by Stats. 1947, Ch. 424.)
  110. 31103.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county board of supervisors may contract with another county, city, state department, or competent person or agency to run competitive examinations and other personnel-selection services.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31103. The board of supervisors of any county may contract with any other county or city, any state department, or any competent person or agency for the conducting of competitive examinations to ascertain the fitness of applicants for employment and for the performance of any other service in connection with personnel selection and administration. (Added by Stats. 1947, Ch. 424.)
  111. 31104.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county may adopt, by ordinance, a limited civil service system for county officers and employees, but not elective officers.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31104. Any county may by ordinance adopt a limited civil service system for any or all county officers and employees, except elective officers. (Added by Stats. 1947, Ch. 424.)
  112. 31105.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A civil service ordinance cannot take effect until county voters approve it at an election by a majority vote.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31105. The ordinance adopting a civil service system shall not go into effect until the proposition of its approval has been submitted to a vote of the qualified electors of the county at a general or special election and has received the affirmative vote of a majority of the electors voting on the proposition. The proposition of approval shall call for a “yes” or “no” vote and shall read in substance as follows: “Shall the resolution of the board of supervisors adopting a limited civil service system under the county civil service enabling law be approved?” (Added by Stats. 1947, Ch. 424.)
  113. 31105.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Ordinances adopting a county civil service system, and amendments to them, are validated and confirmed despite defects or errors in how they were adopted or approved.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31105.1. Any ordinance adopting a civil service system which was, prior to the effective date of this section, submitted to a vote of the qualified electors of the county at a general or special election and received the affirmative vote of a majority of the electors voting on the proposition for the approval of the ordinance, and all ordinances amending such ordinance, are hereby validated and confirmed and shall have the full legal effect of ordinances adopted by the board of supervisors and approved by the electors in the manner required by law and complying in every respect with laws relating to the adoption and approval of such ordinances, notwithstanding any defect, irregularity, omission or ministerial error in the adoption or approval thereof. (Added by Stats. 1957, Ch. 1474.)
  114. 31105.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section validates certain county civil service ordinances that were approved by a majority vote of county electors, despite defects or ministerial errors in their adoption or approval.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31105.2. (a) Any ordinance adopting a civil service system that was, prior to the effective date of this section, submitted to a vote of the qualified electors of the county at a general or special election and received the affirmative vote of a majority of the electors voting on the proposition for the approval of the ordinance, and all ordinances amending the ordinance, are hereby validated and confirmed and shall have the full legal effect of ordinances adopted by the board of supervisors and approved by the electors in the manner required by law and complying in every respect with laws relating to the adoption and approval of those ordinances, notwithstanding any defect, irregularity, omission or ministerial error in the adoption or approval thereof. (b) Any ordinance or ordinances repealing and adopting a civil service system that was, prior to the effective date of this subdivision, submitted to a vote of the qualified electors of the county at a general or special election and received the affirmative vote of a majority of the electors voting on the proposition for the approval of the ordinance or ordinances, and all ordinances amending that ordinance, are hereby validated and confirmed and shall have the full legal effect of ordinances adopted by the board of supervisors and approved by the electors in the manner required by law and complying in every respect with laws relating to the repealing, adoption, and approval of those ordinances, notwithstanding any defect, irregularity, omission or ministerial error in the adoption or approval thereof, including, but not limited to, the failure of the county elections official to mail to the voters official matter prescribed in Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 61. Effective January 1, 1995.)
  115. 31106.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The ordinance creating the civil service system must designate which appointive officers and employees are included.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31106. The ordinance creating the civil service system shall designate the appointive officers and employees to be placed in the system. (Added by Stats. 1947, Ch. 424.)
  116. 31107.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

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    Minimum qualifications or standards for any class or grade of employment must not be lower than those set by the Legislature for county officers and employees.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31107. The minimum qualifications or standards prescribed for any class or grade of employment shall not be less than those prescribed for the class or grade of county officers and employees by the Legislature. (Added by Stats. 1947, Ch. 424.)
  117. 31108.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section requires local ordinances on classified civil service discipline to include notice, filing, and appeal procedures, and it lets the board of supervisors adopt an alternative grievance-based appeal route.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31108. (a) Any ordinance adopted pursuant to this part shall include substantially the following provisions: (1) Any officer or employee in the classified civil service may be dismissed, suspended, or reduced in rank or compensation by the appointing authority after appointment or promotion is complete by a written order, stating specifically the reasons for the action. The order shall be filed with the clerk of the board of supervisors or, if there is a county personnel officer, the order shall be filed with the county personnel officer and a copy thereof shall be furnished to the person to be dismissed, suspended, or reduced. (2) The officer or employee may reply in writing to the order within 10 days from the date of its filing with the clerk of the board of supervisors or county personnel officer. The officer or employee may within seven days after presentation to him or her of the order appeal through the clerk of the board of supervisors or county personnel officer to the civil service commission from the order. Upon the filing of the appeal, the clerk of the board of supervisors or county personnel officer shall forthwith transmit the order and appeal to the civil service commission for hearing. (3) Within 20 days from the filing of the appeal the commission shall commence a hearing, and either affirm, modify, or revoke the order. The appellant may appear personally, produce evidence, and have counsel and a public hearing. (4) The findings and decision of the commission shall be certified to the department head or officer whose action was the subject of the hearing and forthwith enforced and followed by him or her. (b) Alternatively, the board of supervisors may provide by ordinance or resolution by simple majority vote that an officer or employee who is dismissed, suspended, or reduced in rank or compensation may elect in writing to appeal under the terms of any grievance procedure established pursuant to a legally binding memorandum of understanding between the local agency governing board and an employee organization recognized pursuant to applicable law, which may include final binding arbitration. (Amended by Stats. 1982, Ch. 1335, Sec. 1.)
  118. 3111.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8.5. Volunteers [3110 - 3119.5] ( Chapter 8.5 added by Stats. 1978, Ch. 1195. ) ## ARTICLE 1. General [3110 - 3112] ( Article 1 added by Stats. 1978, Ch. 1195. )

    Verify source ↗

    This section defines “volunteer,” “administrative volunteer,” and “direct service volunteer” for this chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8.5. Volunteers [3110 - 3119.5] ( Chapter 8.5 added by Stats. 1978, Ch. 1195. ) ## ARTICLE 1. General [3110 - 3112] ( Article 1 added by Stats. 1978, Ch. 1195. ) ## 3111. As used in this chapter: (a) “Volunteer” means any person who, of his own free will, provides goods or services, without any financial gain, to any state agency, as defined in Section 11000; (b) “Administrative volunteer” means any person serving voluntarily on boards, commissions or other similar bodies with California state government; and (c) “Direct service volunteer” means any person involved in specific volunteer service that includes one to one relationships or assistance to recipients of government services. (Added by Stats. 1978, Ch. 1195.)
  119. 31110.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

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    If the civil service system is adopted, the board of supervisors must appoint a civil service commission.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31110. Upon the adoption of the civil service system, the board of supervisors shall appoint a civil service commission to assist in administering the system. (Added by Stats. 1947, Ch. 424.)
  120. 31110.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

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    A county ordinance may allow civil service commission members to be paid for attending meetings and to receive reasonable travel expenses, but not for meetings held outside the county.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31110.1. A county by ordinance may provide that the members of the civil service commission may be paid compensation for their attendance at each meeting of the commission in an amount to be fixed by the ordinance. In addition, the ordinance may provide that the members of the commission may also receive reasonable traveling expenses from their place of residence to the place of meeting of the commission and return. No payment of traveling expenses shall be made pursuant to this section for meetings of the commission held outside of the county. (Added by Stats. 1959, Ch. 1216.)
  121. 31110.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

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    A county may, by ordinance, give its civil service commission or equivalent body power to issue subpoenas, compel witness attendance, compensate subpoenaed persons, and administer oaths or affirmations.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31110.2. A county may by ordinance provide that its civil service commission or equivalent body shall have the power to issue subpoenas and subpoenas duces tecum, and compensate persons subpoenaed. This power shall be exercised and enforced in the same manner as a similar power granted the board of supervisors in Article 9 (commencing with Section 25170) of Chapter 1 of Part 2 of Division 2 of this title is exercised and enforced; except that such power shall extend only to matters within the commission’s lawful jurisdiction, and that committees of the commission shall not have this power, and that reasonable fees or expenses or both may be provided for by commission regulation for any or all such witnesses regardless of which party subpoenaed them. Subpoenas shall be signed by the chairman or secretary of the commission. Any member of the commission, or any person otherwise so empowered, may administer oaths to, or take affirmations from, witnesses before the commission. (Added by Stats. 1965, Ch. 2009.)
  122. 31111.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

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    The civil service commission must have five members, or seven if the board of supervisors resolves it. Members serve four-year terms and must be county qualified electors. Vacancies are filled by the board of supervisors for the rest of the unexpired term.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31111. The civil service commission shall consist of five members or, if so resolved by the board of supervisors, seven members, each of whom shall hold office for a term of four years and until his successor is appointed and qualified. The members shall be selected from among the qualified electors of the county. Vacancies occurring in the commission shall be filled by appointment by the board of supervisors for the remainder of the unexpired term only. The civil service commission may be designated as a merit board. (Amended by Stats. 1981, Ch. 85, Sec. 1.)
  123. 31112.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The section sets staggered terms of office for the first civil service commission and requires members to draw lots to determine the order of expiration.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31112. The terms of office of two members of the first civil service commission shall be one year. The terms of office of the other members of the first commission shall be two, three, and four years, respectively. If the commission is composed of seven members, the terms of office of all members of the first seven-member commission shall be fixed by lot at one year for two members, two years for two members, three years for two members, and four years for one member. The members shall determine by lot the relative order of the expiration of their terms. (Amended by Stats. 1981, Ch. 85, Sec. 2.)
  124. 31113.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

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    The commission must perform the duties and exercise the powers given in this part, plus any additional powers and duties delegated by the board of supervisors.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31113. The commission shall perform the duties and exercise the powers provided for in this part, and such additional powers and duties in relation thereto as the board of supervisors delegates to it. (Added by Stats. 1947, Ch. 424.)
  125. 31114.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

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    A person must not willfully interfere with county civil service examinations, applications, or certification, falsify examination results or standing, or share special or secret information to help or hurt someone’s chances.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31114. Any person who: 1. Wilfully by himself or in cooperation with another person defeats, deceives, or obstructs any person with respect to his right of examination, application, or certification for employment under any county civil service system; or 2. Wilfully and falsely marks, grades, estimates, or reports upon the examination or proper standing of any person examined or certified under any county civil service system, or who aids in so doing, or makes any false representation concerning the same or the person examined; or 3. Wilfully furnishes to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person examined, certified or to be examined or certified under any county civil service system, is guilty of a misdemeanor. (Added by Stats. 1951, Ch. 597.)
  126. 31115.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

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    It is a misdemeanor for any person to impersonate someone, handle exam materials improperly, or use unfair means to make an eligible person give up county civil service rights.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31115. Any person who: 1. Impersonates another person or permits or aids in any manner any other person to impersonate him in connection with any examination, application, or request to be examined under any county civil service system; or 2. Furnishes or obtains examination questions or other examination material prepared and intended for use in any examination under any county civil service system before such examination; or 3. Uses any unfair means to cause or attempt to cause any eligible to waive any rights obtained under the civil service system of any county, is guilty of a misdemeanor. (Added by Stats. 1951, Ch. 597.)
  127. 31115.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

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    County employees and people on county employment lists must not use unauthorized material during duty hours for training or target practice.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31115.5. Any county employee, or person whose name appears on any county employment list, who uses during duty hours, for training or target practice, any material which is not authorized therefor by the appointing power, shall be disciplined pursuant to the county civil service system. (Added by Stats. 1980, Ch. 718.)
  128. 31116.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

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    A county may pay reasonable travel expenses for county job applicants who travel to examinations or interviews, but only if the board of supervisors determines the spending is necessary to recruit needed qualified persons.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31116. For the purpose of facilitating the recruitment of professional and technically trained persons to fill positions for which there is a shortage of qualified applicants, a county may expend county funds to pay reasonable travel expenses of applicants for county employment in traveling, from any point within the continental United States, to and from the place or places at which the applicants are to be examined or interviewed. Such payments shall be authorized only upon a determination by the board of supervisors that the expenditure is necessary to recruit qualified persons needed by the county. (Amended by Stats. 2012, Ch. 470, Sec. 45. (AB 1529) Effective January 1, 2013.)
  129. 31117.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. )

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    A former county civil service employee with permanent status who took an elective office appointment may be reinstated to the former county position if specified conditions are met.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 2. CIVIL SERVICE [31100 - 31117] ( Part 2 added by Stats. 1947, Ch. 424. ) ## 31117. Any person who previously had permanent status in a civil service system of any county and who vacated his position to accept appointment to an elective position shall be reinstated to his former position in the same county if he so desires at the termination of such appointment, or term of office if his acceptance of such appointment was without a break in continuity of service and if such person does not run for election to succeed himself following his period of appointment. (Amended by Stats. 1973, Ch. 566.)
  130. 3112.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8.5. Volunteers [3110 - 3119.5] ( Chapter 8.5 added by Stats. 1978, Ch. 1195. ) ## ARTICLE 1. General [3110 - 3112] ( Article 1 added by Stats. 1978, Ch. 1195. )

    Verify source ↗

    The Legislature states that volunteers should be used in state service when practical, volunteerism should be encouraged, and volunteers should not replace necessary public employees.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8.5. Volunteers [3110 - 3119.5] ( Chapter 8.5 added by Stats. 1978, Ch. 1195. ) ## ARTICLE 1. General [3110 - 3112] ( Article 1 added by Stats. 1978, Ch. 1195. ) ## 3112. The Legislature finds and declares that: (a) Since the spirit of volunteerism has long animated generations of Americans to give of their time and abilities to help others, the state would be wise to make use of volunteers in state service wherever practically possible. (b) The spirit of citizen initiative and self-reliance that has prevailed throughout the United States for over the past two centuries needs to be recognized and fostered whenever possible in meeting the basic human needs in the state. (c) In every community or neighborhood there are individuals who, by their personality, concern, experience, commitment, and training, can serve as citizen action leaders. (d) There presently exists sufficient resources to assist citizen action efforts. There are an infinite number of skilled, experienced community groups, and volunteer organizations available to help mobilize citizen initiatives. Such groups include business and fraternal organizations, churches, women’s organizations, voluntary action centers, schools and other community organizations in both the public and private sectors. (e) Legal and market disincentives and impediments need to be eliminated in order to establish an optimum environment for citizen initiative and volunteer action. (f) There is a need for a clearinghouse, to provide information concerning resources and alternatives to foster self-reliance and citizen action. (g) It is not the intent of the Legislature that volunteers replace or supplant public employees, where such employees are providing services deemed necessary for the government to perform, but that they add new dimensions to providing of governmental services. (Added by Stats. 1978, Ch. 1195.)
  131. 3119.5.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8.5. Volunteers [3110 - 3119.5] ( Chapter 8.5 added by Stats. 1978, Ch. 1195. ) ## ARTICLE 4. Senior Volunteers [3119.5- 3119.5.] ( Article 4 added by Stats. 1998, Ch. 188, Sec. 1. )

    Verify source ↗

    If a state or local agency uses volunteers, it must adopt a policy that does not exclude people aged 60 or older from volunteer service when they are physically, mentally, and professionally capable.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 8.5. Volunteers [3110 - 3119.5] ( Chapter 8.5 added by Stats. 1978, Ch. 1195. ) ## ARTICLE 4. Senior Volunteers [3119.5- 3119.5.] ( Article 4 added by Stats. 1998, Ch. 188, Sec. 1. ) ## 3119.5. Notwithstanding Section 3118, any state or local agency that chooses to utilize volunteers shall implement a policy whereby no person aged 60 years or older may be excluded from volunteer service if the person is physically, mentally, and professionally capable of performing the services involved. A person shall be deemed professionally capable if he or she can demonstrate reasonable proficiency or relevant certification and performs his or her professional duties in accordance with laws, regulations, or technical standards governing his or her area of volunteer responsibility. (Added by Stats. 1998, Ch. 188, Sec. 1. Effective January 1, 1999.)
  132. 3120.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Travel Insurance of Officers and Employees [3120 - 3123] ( Heading of Chapter 9 amended by Stats. 1982, Ch. 454, Sec. 35. )

    Verify source ↗

    “Local agency” means certain local public entities, including counties, cities, school districts, and special districts.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Travel Insurance of Officers and Employees [3120 - 3123] ( Heading of Chapter 9 amended by Stats. 1982, Ch. 454, Sec. 35. ) ## 3120. As used herein “local agency” means a county, city and county, city, school district, office of county superintendent of schools, or other special district. (Amended by Stats. 1969, Ch. 938.)
  133. 31200.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors may levy a special tax to pay pensions and annuities for county and judicial district employees.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 31200. The board of supervisors may levy a special tax to be used for the payment of pensions and annuities to employees of a county and judicial district under such pension, retirement, and benefit systems or associations as are established by law for employees of a county and judicial district. (Amended by Stats. 1951, Ch. 1553.)
  134. 31201.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county retirement system member who leaves county service before retirement is entitled to be paid back their contributions plus accumulated interest, unless the separation is for permanent disability.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 31201. If a member of a retirement system established by the county for officers or employees of a county or judicial district, or for any portion of them, separates from the service of the county before retirement and the separation is for any cause other than permanent disability, there shall be paid to him, or in case of his death to his legal representative, all the money paid in by him as his contribution toward retirement under the system and accumulated interest thereon. (Amended by Stats. 1951, Ch. 1553.)
  135. 31202.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A firefighter who moved to the first public agency because it took over firefighting duties from the second agency can keep the retirement rights they would have had, if they pay the same amount into the first agency’s retirement fund, unless an ordinance under Section 45310.5 modifies those rights.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 31202. Any firefighter who has become an employee of the first public agency because of the assumption by that public agency of the firefighting function of the second public agency who, at any time after becoming an employee of the first public agency, pays into the retirement fund of that first public agency the same amount which he or she would have contributed had he or she been employed by the first public agency at the same salary, and for the same time or periods of time for which and during which he or she was employed by the second public agency whose firefighting function is assumed by the first public agency shall have all of the retirement rights which he or she would have had, if any, had he or she been an employee of the first public agency at that salary and for the time or periods of time, unless the first public agency has provided by ordinance pursuant to Section 45310.5 for a modification of his or her rights and benefits because of membership in a reciprocal retirement system. (Added by Stats. 1990, Ch. 1383, Sec. 2.)
  136. 31203.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a person who is a member of one county retirement system becomes a member of another county retirement system, the first membership ends.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 31203. If a member of a county retirement system becomes a member of another county retirement system, his membership in the first system ceases. (Added by Stats. 1947, Ch. 424.)
  137. 31204.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “public agency” for this chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 31204. As used in this chapter “public agency” means the State or any department or agency thereof, a county, city and county, city, public corporation, municipal corporation or public district. (Added by Stats. 1947, Ch. 753.)
  138. 31205.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    When one public agency with a retirement system takes over another agency’s functions and its employees become employees of the first agency, the agencies may agree by contract on a payment for the retirement rights granted to those employees.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 31205. Whenever any public agency having a retirement system takes over and assumes any of the functions of any other public agency, and because of such assumption all or any employees of the second public agency become employees of the first public agency, such agencies, by contract, may agree that the second agency will pay either to the first agency or to the retirement fund of the first agency an amount of money to be agreed upon because of the retirement rights to be granted to such employees. (Added by Stats. 1947, Ch. 753.)
  139. 31206.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The second public agency may make payments from either its general fund or its retirement fund, if statute authorizes it.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 31206. Insofar as can be authorized by statute, the payments by the second public agency may be either from the general fund of such public agency or from the retirement fund of such public agency. (Added by Stats. 1947, Ch. 753.)
  140. 31207.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The governing body of a first public agency may, by resolution, give employees transferred from another public agency credit for time worked there, if no Section 31205 contract was made.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 31207. Whenever any public agency having a retirement system takes over and assumes any or all of the functions of any other public agency and because of such assumption all or any of the employees of the second public agency become employees of the first public agency, and no contract is entered into pursuant to Section 31205, the governing body of the first public agency, by resolution, may determine that such employees shall have credit for time employed by the second public agency as provided in this chapter. (Added by Stats. 1947, Ch. 753.)
  141. 31208.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a qualifying public employee pays the required amount into the first agency’s retirement fund within one year, the employee gets the retirement rights they would have had as an employee of that agency, subject to Section 31202.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 1. General [31200 - 31208] ( Chapter 1 added by Stats. 1947, Ch. 424. ) ## 31208. Except as otherwise provided in Section 31202, whenever a contract has been entered into, or a resolution passed, as provided in this chapter, any employee who has become an employee of the first public agency because of the assumption by such public agency of any or all of the functions of the second public agency who within one year after becoming an employee of the first public agency pays into the retirement fund of such first public agency the same amount which he would have contributed had he been employed by the first public agency at the same salary, and for the same time or periods of time for which and during which he was employed by the officer or department of the second public agency whose functions are assumed by the first public agency shall have all of the retirement rights which he would have had, if any, had he been an employee of the first public agency at such salary and for such time or periods of time. (Added by Stats. 1947, Ch. 753.)
  142. 3121.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Travel Insurance of Officers and Employees [3120 - 3123] ( Heading of Chapter 9 amended by Stats. 1982, Ch. 454, Sec. 35. )

    Verify source ↗

    A local agency may insure its officers and employees for injury or death while traveling on agency business, if the agency follows its own adopted rules and regulations.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Travel Insurance of Officers and Employees [3120 - 3123] ( Heading of Chapter 9 amended by Stats. 1982, Ch. 454, Sec. 35. ) ## 3121. Any local agency may, subject to rules and regulations promulgated by the legislative body thereof, insure its officers, directors, deputies, assistants, employees and agents for injury or death incurred while traveling on the business of the agency and the cost of such insurance shall be a proper charge against the local agency. Proceeds of such a policy shall be payable to a beneficiary named by the person insured or, if none is named, to his estate. (Amended by Stats. 1973, Ch. 454.)
  143. 3122.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Travel Insurance of Officers and Employees [3120 - 3123] ( Heading of Chapter 9 amended by Stats. 1982, Ch. 454, Sec. 35. )

    Verify source ↗

    Travel insurance under this chapter is დამატיional to compensation under Labor Code Division 4 and benefits the covered officer, employee, or their beneficiary or heir.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Travel Insurance of Officers and Employees [3120 - 3123] ( Heading of Chapter 9 amended by Stats. 1982, Ch. 454, Sec. 35. ) ## 3122. The travel insurance authorized by this chapter shall be in addition to any compensation secured under Division 4 (commencing with Section 3201) of the Labor Code and inuring to the benefit of the officer, deputy, assistant, employee or agent, or his or her beneficiary or heir. (Amended by Stats. 1982, Ch. 454, Sec. 36.)
  144. 3123.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Travel Insurance of Officers and Employees [3120 - 3123] ( Heading of Chapter 9 amended by Stats. 1982, Ch. 454, Sec. 35. )

    Verify source ↗

    The county superintendent of schools’ office may carry a master travel insurance policy for the county’s school districts.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9. Travel Insurance of Officers and Employees [3120 - 3123] ( Heading of Chapter 9 amended by Stats. 1982, Ch. 454, Sec. 35. ) ## 3123. The office of county superintendent of schools may carry a master policy for travel insurance on behalf of the school districts of the county. (Amended by Stats. 1982, Ch. 454, Sec. 37.)
  145. 3125.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.1. Public Transit Employer Obligations [3125 - 3130] ( Chapter 9.1 added by Stats. 2023, Ch. 419, Sec. 1. )

    Verify source ↗

    This section defines key terms used in the chapter, including autonomous transit vehicle technology, plan to acquire or deploy, procurement process, public transit employer, and public transit services.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.1. Public Transit Employer Obligations [3125 - 3130] ( Chapter 9.1 added by Stats. 2023, Ch. 419, Sec. 1. ) ## 3125. For the purposes of this chapter: (a) “Autonomous transit vehicle technology” means technology that has the capability to drive a vehicle without the active physical control by a human operator. (b) “Plan to acquire or deploy” includes any public notification that initiates acquisition or deployment of autonomous transit vehicle technology. (c) “Procurement process” means the issuance of a request for proposals, a solicitation of proposals, or a request for quotations. (d) “Public transit employer” means any local governmental agency, including any city, county, city and county, special district, transit district, or joint powers authority, that provides public transit services within the state. (e) “Public transit services” means the provision of passenger transportation services by the public transit employer to the general public, including paratransit service. (Added by Stats. 2023, Ch. 419, Sec. 1. (AB 96) Effective January 1, 2024.)
  146. 3126.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.1. Public Transit Employer Obligations [3125 - 3130] ( Chapter 9.1 added by Stats. 2023, Ch. 419, Sec. 1. )

    Verify source ↗

    A public transit employer must give written notice to the affected workforce’s exclusive employee representative at least 10 months before starting a procurement process for autonomous transit vehicle technology that would eliminate jobs or job functions.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.1. Public Transit Employer Obligations [3125 - 3130] ( Chapter 9.1 added by Stats. 2023, Ch. 419, Sec. 1. ) ## 3126. (a) At least 10 months before beginning a procurement process to acquire or deploy any autonomous transit vehicle technology for public transit services that would eliminate job functions or jobs of the workforce, a public transit employer shall notify, in writing, the exclusive employee representative of the workforce affected by the autonomous transit vehicle technology of its determination to begin that procurement process. (b) Nothing in this section shall supersede the exclusive employee representative’s right to disclosure of information by the public transit employer pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000)). (Added by Stats. 2023, Ch. 419, Sec. 1. (AB 96) Effective January 1, 2024.)
  147. 3127.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.1. Public Transit Employer Obligations [3125 - 3130] ( Chapter 9.1 added by Stats. 2023, Ch. 419, Sec. 1. )

    Verify source ↗

    After a written request, the public transit employer and the exclusive employee representative must start collective bargaining within the stated deadline, and they may bargain only on the listed autonomous transit vehicle topics and related mandatory subjects.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.1. Public Transit Employer Obligations [3125 - 3130] ( Chapter 9.1 added by Stats. 2023, Ch. 419, Sec. 1. ) ## 3127. (a) Upon a written request by the exclusive employee representative, the public transit employer and exclusive employee representative shall commence collective bargaining within 30 days of the exclusive employee representative receiving the notification required by subdivision (a) of Section 3126 or within 10 days of the public transit employer receiving the written request, whichever occurs later. (b) The exclusive employee representative and the public transit employer shall only bargain over the following subjects, or related mandatory subjects of bargaining: (1) Developing the new autonomous transit vehicle technology. (2) Implementing the new autonomous transit vehicle technology. (3) Creating a transition plan for affected workers. (4) Creating plans to train and prepare the affected workforce to fill new positions created by a new autonomous transit vehicle technology. (Added by Stats. 2023, Ch. 419, Sec. 1. (AB 96) Effective January 1, 2024.)
  148. 3128.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.1. Public Transit Employer Obligations [3125 - 3130] ( Chapter 9.1 added by Stats. 2023, Ch. 419, Sec. 1. )

    Verify source ↗

    This chapter cannot be read to create labor requirements that are less protective of employees than requirements under statute or a collective bargaining agreement.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.1. Public Transit Employer Obligations [3125 - 3130] ( Chapter 9.1 added by Stats. 2023, Ch. 419, Sec. 1. ) ## 3128. This chapter shall not be construed as creating any labor requirements that are less protective of employees than any labor requirements created pursuant to statute or a collective bargaining agreement. (Added by Stats. 2023, Ch. 419, Sec. 1. (AB 96) Effective January 1, 2024.)
  149. 3129.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.1. Public Transit Employer Obligations [3125 - 3130] ( Chapter 9.1 added by Stats. 2023, Ch. 419, Sec. 1. )

    Verify source ↗

    This chapter is severable, and if one part is invalid, the rest can still remain effective when it can work without the invalid part.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.1. Public Transit Employer Obligations [3125 - 3130] ( Chapter 9.1 added by Stats. 2023, Ch. 419, Sec. 1. ) ## 3129. The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2023, Ch. 419, Sec. 1. (AB 96) Effective January 1, 2024.)
  150. 3130.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.1. Public Transit Employer Obligations [3125 - 3130] ( Chapter 9.1 added by Stats. 2023, Ch. 419, Sec. 1. )

    Verify source ↗

    The Public Employment Relations Board may process unfair practice charges under this chapter for certain transit district employers and may adopt or change regulations to carry out the chapter.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.1. Public Transit Employer Obligations [3125 - 3130] ( Chapter 9.1 added by Stats. 2023, Ch. 419, Sec. 1. ) ## 3130. The Public Employment Relations Board shall have jurisdiction to process unfair practice charges alleging violations of this chapter, but only as to transit district employers where the board has jurisdiction to process unfair practice charges. Should an employee organization file an unfair practice charge with the board under this chapter, the powers and duties of the board described in Section 3541.3 shall apply, as appropriate, to this chapter, and the regulations of the board shall apply to this chapter. The board shall perform its duties under this section consistent with its regulations and may make additional regulations. The board may also adopt, amend, or repeal all rules and regulations necessary to carry out this chapter as emergency regulations in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). The adoption, amendment, or repeal of regulations pursuant to this section is conclusively presumed to be necessary for the immediate preservation of the public peace, health, safety, or general welfare within the meaning of Section 11346.1. (Added by Stats. 2023, Ch. 419, Sec. 1. (AB 96) Effective January 1, 2024.)
  151. 3140.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.4. Public Employee Health Protection Act [3140 - 3142] ( Chapter 9.4 added by Stats. 2021, Ch. 740, Sec. 1. )

    Verify source ↗

    The Legislature states that public employers should not suspend health coverage or premium contributions for workers and their dependent family members during a strike.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.4. Public Employee Health Protection Act [3140 - 3142] ( Chapter 9.4 added by Stats. 2021, Ch. 740, Sec. 1. ) ## 3140. The Legislature finds as follows: (a) Public employers, including the state and the University of California, are among the largest employers in the state, offering medical and other health care benefits to hundreds of thousands of employees and their family members. Employers typically contribute all or part of the premium cost for employees and their dependent family members; employees may also contribute part of their pay to cover the premium cost. (b) Many of California’s large employers, including the state, counties, municipalities, and the University of California, operate hospitals, medical clinics, and other health care delivery systems. To protect public health, staff at these medical facilities should have uninterrupted access to health care services. (c) Employers have previously threatened to or actually suspended their health care insurance contributions for striking employees, which upends workers’ and their family members’ access to health services. (d) Even a temporary lapse of health insurance coverage can have ripple effects on working families, their surrounding communities, and public health. (e) Working people and their family members who are denied access to their doctors, prescriptions, and necessary treatment during a strike may go without care, enroll in a publicly financed safety net plan, or seek uncompensated care, typically from public health care providers. (f) The COVID-19 pandemic has strained California’s public health safety net programs, and future federal funding for the Medi-Cal program is in jeopardy. (g) It is a matter of statewide concern that access to health and other medical care continue and that employers not suspend coverage or their contributions towards premiums for workers or their dependent family members during a strike. (h) It is also a matter of statewide concern that the temporary loss of coverage during a strike harms not only the striking worker, but also harms dependent family members and the surrounding community, and further strains the already stretched public social safety net on which so many people depend. (i) Therefore, it is the intent of the Legislature to prohibit the activities referenced in this chapter. (Added by Stats. 2021, Ch. 740, Sec. 1. (AB 237) Effective January 1, 2022.)
  152. 3141.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.4. Public Employee Health Protection Act [3140 - 3142] ( Chapter 9.4 added by Stats. 2021, Ch. 740, Sec. 1. )

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    This section defines several terms used in the chapter, including “authorized strike,” “covered employer,” “dependent,” and “health care or other medical coverage.”

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.4. Public Employee Health Protection Act [3140 - 3142] ( Chapter 9.4 added by Stats. 2021, Ch. 740, Sec. 1. ) ## 3141. For the purposes of this chapter, the following definitions apply: (a) “Authorized strike” means a strike sanctioned by the central labor council or the membership of an employee organization that represents the striking employees, or one that is engaged in by unrepresented employees. (b) “Covered employer” includes any public employer, including, but not limited to, those identified in subdivision (c) of Section 3552, that offers health care or other medical coverage for nonoccupational injuries or illness to its employees. (c) “Dependent” means a person who receives health care or other medical coverage based on their relationship to an employee of a covered employer, such as an employee’s spouse, domestic partner, child, or other family member. (d) “Health care or other medical coverage” includes medical, behavioral health, dental, vision, disability, accidental death and dismemberment, life, and supplemental health insurance benefits provided through any governmental plan, as defined in 29 U.S.C. Sec. 1002(32). (Added by Stats. 2021, Ch. 740, Sec. 1. (AB 237) Effective January 1, 2022.)
  153. 3142.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.4. Public Employee Health Protection Act [3140 - 3142] ( Chapter 9.4 added by Stats. 2021, Ch. 740, Sec. 1. )

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    A covered employer must keep and pay for health coverage during an authorized strike and cannot threaten or adopt policies that undermine that coverage.

    ## Government Code - GOV ## TITLE 1. GENERAL [100 - 7931.000] ( Title 1 enacted by Stats. 1943, Ch. 134. ) ## DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES [1000 - 3599.84] ( Division 4 enacted by Stats. 1943, Ch. 134. ) ## CHAPTER 9.4. Public Employee Health Protection Act [3140 - 3142] ( Chapter 9.4 added by Stats. 2021, Ch. 740, Sec. 1. ) ## 3142. (a) It shall be an unfair practice for a covered employer to do any of the following: (1) Fail or refuse to maintain and pay for continued health care or other medical coverage for an enrolled employee or their enrolled dependents, for the duration of the enrolled employee’s participation in an authorized strike, at the level and under the conditions that coverage would have been provided if the employee had continued to work in their position for the duration of the strike. (2) Fail to collect and remit the employee’s contributions, if any, to this coverage. (3) Maintain any policy purporting to authorize any action prohibited by this section or otherwise threaten an employee’s or their dependents’ continued access to health and other medical care during or as a result of the employee’s participation in a strike. (b) Any health or other medical care premiums, contributions, or out-of-pocket expenses actually paid by the employee or their dependents as a result of the employer’s violation of this section, or because the employer failed to ensure continued coverage during a strike, shall be restored along with any other equitable adjustments necessary and proper under the circumstances to ensure that the employee and their dependents are made whole. (c) The Public Employment Relations Board shall have jurisdiction over any violation of this chapter as an unfair practice. The powers and duties of the board described in Section 3541.3 of the Government Code shall apply, as appropriate, to this chapter. (d) This chapter shall be construed liberally to effectuate its purposes, to protect employees’ access to health care during a labor dispute and to preserve state resources, to the fullest extent not preempted by federal law. (e) The provisions of this chapter apply in addition to any other protections provided to employees under any memorandum of understanding or under any state or local law. (f) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (g) This chapter is declaratory of, and clarifies, existing law by making some of the prohibitions and applicable remedies available under current law explicit in statute. This chapter does not limit any retaliation or discrimination protections workers may have under the law. (Added by Stats. 2021, Ch. 740, Sec. 1. (AB 237) Effective January 1, 2022.)
  154. 31450.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This chapter may be cited as the County Employees Retirement Law of 1937.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31450. This chapter may be cited as the County Employees Retirement Law of 1937. (Added by Stats. 1947, Ch. 424.)
  155. 31451.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This section states the purpose of the chapter: to provide retirement compensation and death benefits for certain county and district employees who become incapacitated, and to allow replacement of incapacitated public employees in a way that improves public service without prejudice or hardship.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31451. The purpose of this chapter is to recognize a public obligation to county and district employees who become incapacitated by age or long service in public employment and its accompanying physical disabilities by making provision for retirement compensation and death benefit as additional elements of compensation for future services and to provide a means by which public employees who become incapacitated may be replaced by more capable employees to the betterment of the public service without prejudice and without inflicting a hardship upon the employees removed. (Added by Stats. 1947, Ch. 424.)
  156. 31452.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    Covered pension and retirement-related rights and fund property are exempt from taxation and generally protected from court execution and assignment, with stated exceptions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31452. The right of a person to a pension, annuity, retirement allowance, return of contributions, the pension, annuity, or retirement allowance, any optional benefit, any other right accrued or accruing to any person under this chapter, the money in the fund created or continued under this chapter or the California Public Employees’ Pension Reform Act of 2013, and any property purchased for investment purposes pursuant to this chapter, are exempt from taxation, including any inheritance tax, whether state, county, municipal, or district. They are not subject to execution or any other process of court whatsoever except to the extent permitted by Section 31603 of this code and Section 704.110 of the Code of Civil Procedure, and are unassignable except as specifically provided in this chapter. (Amended by Stats. 2013, Ch. 247, Sec. 1. (AB 1380) Effective January 1, 2014.)
  157. 31452.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    The board may honor a signed, revocable written authorization to deduct specified amounts from a retiree’s benefit, must draw monthly orders for the deducted amounts, and may charge a reasonable fee.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31452.5. (a) The board may comply with and give effect to a revocable written authorization signed by a retired member or beneficiary of a retired member entitled to a retirement allowance or benefit under this chapter or the California Public Employees’ Pension Reform Act of 2013, authorizing the treasurer or other entity authorized by the board to deduct a specified amount from the retirement allowance or benefit payable to any retired member or beneficiary of a retired member for any of the following purposes: (1) Paying premiums on any policy or certificate of group life insurance or group disability insurance issued by an admitted insurer. (2) Paying premiums for a prepaid group medical or hospital service plan. (3) Paying premiums for a vision care program or dental plan, approved by the board, for the benefit of the retired member or his or her dependents. (4) Paying premiums on national service life insurance or United States government converted insurance. (5) Payment for the purchase of shares in or the payment of money to any regularly chartered credit union. (6) Payment to a charitable organization or a federally chartered veterans’ organization that is approved by the board. (7) Payments to a recognized retiree organization. (8) Payment for the purchase of United States savings bonds. (9) The payment of personal income taxes to the government of the United States or the State of California. (10) Payment for any retiree benefit programs available through the recognized retiree organization. The board may require that this payment be to a single party designated by the recognized retiree organization, either to itself or to a third-party administrator. (b) Each month the order shall be drawn in favor of the insurer, institution, credit union, organization, or government named in the written authorization for an amount equal to the deductions authorized in subdivision (a) and made during the month. (c) The board may charge a reasonable fee for the making of the deductions and payments. (Amended by Stats. 2013, Ch. 247, Sec. 2. (AB 1380) Effective January 1, 2014.)
  158. 31452.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    The board must honor a signed revocable authorization directing retirement payments to a specified financial institution, and it may certify death information to a financial institution in some cases.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31452.6. (a) The board shall comply with and give effect to a revocable written authorization signed by a retired member or beneficiary of a retired member entitled to a retirement allowance or benefit under this chapter or the California Public Employees’ Pension Reform Act of 2013, authorizing the treasurer or other entity authorized by the board to deliver the monthly warrant, check, or electronic fund transfer, for the retirement allowance or benefit to any specified bank, savings and loan institution, or credit union to be credited to the account of the retired member or survivor of a deceased retired member. That delivery is full discharge of the liability of the board to pay a monthly retirement allowance or benefit to the retired member or survivor of a deceased retired member. (b) Any payments directly deposited by electronic fund transfer following the date of death of a person who was entitled to receive a retirement allowance or benefit under this chapter or the California Public Employees’ Pension Reform Act of 2013 shall be refunded to the retirement system. (c) In order to obtain information from a financial institution following the death of a retired member or the beneficiary of a retired member, as provided in subdivision (o) of Section 7480, the board may certify in writing to the financial institution that the retired member or the beneficiary of a retired member has died and that transfers to the account of the retired member or beneficiary of a retired member at the financial institution from the retirement system occurred after the date of death of the retired member or the beneficiary of a retired member. (d) For purposes of this section, “account of the retired member or survivor of a deceased retired member,” may include an account held in a living trust or an income-only trust, also known as a Miller trust, that is controlled by the retired member or survivor of a deceased retired member or that is established for the retired member’s or the survivor of a deceased retired member’s benefit, in order to qualify for Medi-Cal, as established pursuant to Chapter 14 (commencing with Section 14000) of Part 3 of Division 9 of the Welfare and Institutions Code, or comparable assistance. (Amended by Stats. 2024, Ch. 108, Sec. 1. (AB 2474) Effective January 1, 2025.)
  159. 31452.61.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This section lets certain county retirement systems pay benefits by direct deposit to a specified account and requires the board to honor valid written payment instructions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31452.61. (a) (1) This section applies only to a retirement system in a county of the first class, as described in Sections 28020 and 28022. (2) The board shall comply with and give effect to a revocable written authorization signed by a retired member or beneficiary of a retired member entitled to a retirement allowance or benefit under this chapter or the California Public Employees’ Pension Reform Act of 2013, authorizing the treasurer or other entity authorized by the board to deliver the monthly warrant, check, or electronic fund transfer, for the retirement allowance or benefit to any specified bank, savings and loan institution, credit union, or prepaid account to be credited to the account of the retired member or survivor of a deceased retired member. That delivery is full discharge of the liability of the board to pay a monthly retirement allowance or benefit to the retired member or survivor of a deceased retired member. (3) For purposes of this subdivision, a prepaid account shall have the same meaning as in Section 1339.1 of the Unemployment Insurance Code and shall meet the applicable requirements of that section to qualify under this subdivision. (4) Prior to implementing the option to receive a retirement allowance or benefit by electronic fund transfer to a prepaid account pursuant to this section, the board shall develop a procedure to provide a retired member or beneficiary who elects the option all of the following: (A) Access to a monthly statement detailing the retirement allowance or benefit amount and any deductions thereof. (B) A reasonable process for the retired member or beneficiary to report and contest any error of the retirement allowance or benefit amount. (C) Contact information for a responsible system ombudsperson to assist the retired member or beneficiary in recovering any amounts deducted from the net retirement allowance or benefit amount once it has been deposited in the account, resulting from an error or by fraud. (b) Any payments directly deposited by electronic fund transfer following the date of death of a person who was entitled to receive a retirement allowance or benefit under this chapter or the California Public Employees’ Pension Reform Act of 2013 shall be refunded to the retirement system. (c) In order to obtain information from a financial institution following the death of a retired member or the beneficiary of a retired member, as provided in subdivision (o) of Section 7480, the board may certify in writing to the financial institution that the retired member or the beneficiary of a retired member has died and that transfers to the account of the retired member or beneficiary of a retired member at the financial institution from the retirement system occurred after the date of death of the retired member or the beneficiary of a retired member. (d) (1) No later than November 30, 2027, a retirement system of a county of the first class shall submit a report to the Assembly Committee on Public Employment and Retirement and the Senate Committee on Labor, Public Employment and Retirement that includes, but is not limited to, each of the following: (A) A description of the history and need for a prepaid account to be offered as an option to the retirement system’s retired members or their beneficiaries. (B) A summary of the board of retirement system’s processes and procedures to implement this section and Section 31590.2. (C) The total number of all retired members of the retirement system. (D) The total number of retired members of the retirement system who elected to have their retirement allowance under this chapter directly deposited into an account at a financial institution, as identified by the retired member. (E) The total number of retired members of the retirement system who elected to have their retirement allowance provided by bank draft, such as a check. (F) The total number of retired members of the retirement system who elected to have their retirement allowance deposited to a prepaid account, consistent with this section and Section 31590.2. (G) Information detailing all costs to the retirement system with respect to implementing and administering the option of a prepaid account, consistent with this section and Section 31590.2, respectively. (H) To the extent feasible, a summary of comments, feedback, or experiences received from a retired member who elected to have their retirement allowance deposited to a prepaid account card, consistent with this section and Section 31590.2, and with respect to obtaining, using, or the replacement of, a prepaid account card for their retirement allowance. (2) The report pursuant to paragraph (1) shall be submitted in compliance with Section 9795. (e) This section shall remain in effect only until January 1, 2028, and as of that date is repealed. (Added by Stats. 2024, Ch. 108, Sec. 2. (AB 2474) Effective January 1, 2025. Repealed as of January 1, 2028, by its own provisions.)
  160. 31452.65.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    If a retirement warrant or check is lost or destroyed and the board is satisfied by proof, the treasurer or authorized entity must issue and pay a duplicate without requiring a bond from the payee.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31452.65. Upon receipt of proof, satisfactory to the board, that a warrant or check drawn in payment of a retirement allowance or in payment of any other account due from the retirement system has been lost or destroyed, the treasurer or other entity authorized by the board upon request of the board of retirement shall as provided by Section 31590 issue a duplicate warrant or check bearing the same date as the original in payment of the same amount, without requiring a bond from the payee, and the treasurer or other entity authorized by the board shall pay the duplicate in lieu of the original warrant or check and any losses incurred by reason of the issuance of duplicate warrants or checks shall be a charge against the account from which the payment is derived. This section shall not be operative in any county until the time as the board of supervisors shall, by resolution, make this section applicable in the county. (Amended by Stats. 1995, Ch. 584, Sec. 3. Effective January 1, 1996.)
  161. 31452.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    When a retired member or survivor dies, any unpaid earned retirement allowance must be paid to that person’s designated beneficiary.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31452.7. (a) Upon the death of any member after retirement, any retirement allowance earned but not yet paid to the member shall, notwithstanding any other provision of law, be paid to the member’s designated beneficiary. (b) Upon the death of any person receiving a survivor’s allowance under this chapter, any allowance earned but not yet paid to the survivor shall, notwithstanding any other provision of law, be paid to the survivor’s designated beneficiary. (c) For purposes of this section, “beneficiary” includes, but is not limited to, a corporation, a trust, or an estate. (Amended by Stats. 2022, Ch. 231, Sec. 8. (AB 1824) Effective January 1, 2023.)
  162. 31453.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board must recommend rate and appropriation changes on time, and it may recommend interest rates above or below the actuarial assumption rate. Subdivision (b) applies in a county only if the board of supervisors makes it applicable by majority vote.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31453. (a) An actuarial valuation shall be made within one year after the date on which any system established under this chapter becomes effective, and thereafter at intervals not to exceed three years. The valuation shall be conducted under the supervision of an actuary and shall cover the mortality, service, and compensation experience of the members and beneficiaries, and shall evaluate the assets and liabilities of the retirement fund. Upon the basis of the investigation, valuation, and recommendation of the actuary, the board shall, at least 45 days prior to the beginning of the succeeding fiscal year, recommend to the board of supervisors the changes in the rates of interest, in the rates of contributions of members, and in county and district appropriations as are necessary. With respect to the rates of interest to be credited to members and to the county or district, the board may, in its sound discretion, recommend a rate that is higher or lower than the interest assumption rate established by the actuarial survey. No adjustment shall be included in the new rates for time prior to the effective date of the revision. (b) (1) Upon the basis of the investigation, valuation, and recommendation of the actuary, the board shall, at least 45 days prior to the beginning of the succeeding fiscal year, recommend to the governing body of a district within the county system that is not governed by the board of supervisors the changes in the rates of contributions of district members and in district appropriations as are necessary. (2) This subdivision shall not be operative in any county until the board of supervisors, by resolution adopted by majority vote, makes the provision applicable in that county. (Amended by Stats. 2005, Ch. 63, Sec. 1. Effective January 1, 2006.)
  163. 31453.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may set county or district contributions using a normal contribution rate, and any remaining liability must be amortized over no more than 30 years.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31453.5. Notwithstanding Section 31587, and in accordance with Section 31453 or 31510.1, the board may determine county or district contributions on the basis of a normal contribution rate which shall be computed as a level percentage of compensation which, when applied to the future compensation of the average new member entering the system, together with the required member contributions, will be sufficient to provide for the payment of all prospective benefits of such member. The portion of liability not provided by the normal contribution rate shall be amortized over a period not to exceed 30 years. (Amended by Stats. 1983, Ch. 886, Sec. 2.)
  164. 31453.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of retirement may adopt a 30-year funding period for certain unfunded actuarial obligations, must approve a new amortization period when the supervisors’ request shows financial necessity, and may deny requests that would create unsound financial risk.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31453.6. Notwithstanding any other provision of this chapter, the board of retirement may, at the request of the board of supervisors, adopt a funding period of 30 years to amortize unfunded accrued actuarial obligations, as determined by their actuary or by an actuary employed by the board of investments, for benefits applicable to all membership categories for the purpose of determining employer contribution rates for counties and districts. The board of retirement shall approve a new amortization period based upon a request from the board of supervisors that demonstrates a financial necessity. The board of retirement may deny a request when the request would subject the fund to an unsound financial risk. A board of retirement may take an action pursuant to this section only once. (Added by Stats. 1992, Ch. 707, Sec. 3. Effective September 15, 1992.)
  165. 31454.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors must adjust certain retirement contribution and appropriation rates within 90 days after the next fiscal year begins, and district governing bodies must do the same for district member contributions and appropriations when this section applies to them.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31454. (a) The board of supervisors shall, not later than 90 days after the beginning of the immediately succeeding fiscal year, adjust the rates of interest, the rates of contributions of members, and county and district appropriations in accordance with the recommendations of the board, but shall not fix them in amounts that reduce the individual benefits provided in this chapter or the California Public Employees’ Pension Reform Act of 2013. (b) (1) The governing body of a district within the county system that is not governed by the board of supervisors shall, not later than 90 days after the beginning of the immediately succeeding fiscal year, adjust the rates of contributions of district members and in district appropriations in accordance with the recommendations of the board, but shall not fix them in amounts that reduce the individual benefits provided in this chapter or the California Public Employees’ Pension Reform Act of 2013. (2) This subdivision shall not be operative in any county until the board of supervisors, by resolution adopted by majority vote, makes the provision applicable in that county. (Amended by Stats. 2013, Ch. 247, Sec. 4. (AB 1380) Effective January 1, 2014.)
  166. 31454.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board or board of supervisors, and certain district governing bodies, must meet and confer with recognized employee organizations before deciding what to do with actuarial valuation recommendations.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31454.1. (a) The independent assumptions and calculations of an actuary contained in the actuarial valuation required by Section 31453 shall not be subject to the “meet and confer” provisions of the Meyers-Milias-Brown Act; however, it is recognized that those provisions require that the board or the board of supervisors meet and confer with representatives of recognized employee organizations prior to determining a course of action with respect to the recommendations contained in the actuarial valuation. (b) (1) The independent assumptions and calculations of an actuary contained in the actuarial valuation required by Section 31453 shall not be subject to the “meet and confer” provisions of the Meyers-Milias-Brown Act; however, it is recognized that those provisions require that the governing body of a district within the county system that is not governed by the board of supervisors meet and confer with representatives of recognized employee organizations prior to determining a course of action with respect to the recommendations contained in the actuarial valuation. (2) This subdivision shall not be operative in any county until the board of supervisors, by resolution adopted by majority vote, makes the provision applicable in that county. (c) The intent of the Legislature, in enacting this section, is to insure the solvency and actuarial soundness of the retirement systems governed by this chapter by preserving the independent nature of the actuarial evaluation process. (Amended by Stats. 2005, Ch. 63, Sec. 3. Effective January 1, 2006.)
  167. 31454.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county board of supervisors may vote to make an additional appropriation to cover certain retirement-system deficits over 30 years.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31454.5. In any county subject to the provisions of Section 31676.1, 31676.11, 31676.12, or 31695.1 the board of supervisors may, by vote entered in the minutes of the board, make an additional appropriation sufficient to fund over a period of 30 years any deficit which may result to the system because of the adoption of Section 31676.1, 31676.11, 31676.12, or 31695.1 or by the adoption of Articles 6.8, 7.5 and 8.7. The board of supervisors may make such additional appropriation whether recommended by the board or not. (Amended by Stats. 1973, Ch. 55.)
  168. 31454.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If the board of supervisors makes additional appropriations under Section 31454.5 in a county subject to Section 31676.1, each district’s governing body must also make an additional appropriation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31454.6. Whenever, in any county subject to the provisions of Section 31676.1 the board of supervisors makes any additional appropriations pursuant to Section 31454.5, the governing body of every district, including the board of supervisors where it is the governing body, also shall make an additional appropriation in the amount to which it has agreed, otherwise in the same proportion as the total pay roll deductions from the salaries of all members employed by such district for the latest pay roll period bear to the total pay roll deductions from the salaries of all members employed by the county for the same pay roll period. (Added by Stats. 1957, Ch. 1387.)
  169. 31454.7.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may recommend contribution adjustments, and counties and districts must adjust contribution rates and remain liable for their share of any unfunded actuarial liability.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31454.7. The Legislature affirms the ruling of Mijares v. Orange County Employees’ Retirement System (2019) 32 Cal.App.5th 316, with respect to a board’s plenary authority to recommend adjustments to county and district contributions as necessary to ensure the appropriate funding of the system, and with respect to the mandate of Section 31454 that the county and districts adjust the rates of contributions of members and appropriations in accordance with the board’s recommendations. Under all circumstances, the county and districts shall each remain liable to the retirement system for their respective share of any unfunded actuarial liability of the system, as determined by the board. (Added by Stats. 2020, Ch. 275, Sec. 29. (AB 2101) Effective January 1, 2021.)
  170. 31455.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This section says the article’s definitions and general provisions control how the chapter is interpreted, unless the context requires otherwise or another law supersedes it.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31455. Unless the context otherwise requires, or unless superseded by any provision of the California Public Employees’ Pension Reform Act of 2013, the definitions and general provisions contained in this article govern the construction of this chapter. (Amended by Stats. 2013, Ch. 247, Sec. 5. (AB 1380) Effective January 1, 2014.)
  171. 31455.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    A person must not make false material statements, hide material facts, submit false information, accept retirement-system payments they know they are not entitled to, or help someone do those acts to get benefits under this chapter.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31455.5. (a) It is unlawful for a person to do any of the following: (1) Make, or cause to be made, any knowingly false material statement or material representation, to knowingly fail to disclose a material fact, or to otherwise provide false information with the intent to use it, or allow it to be used, to obtain, receive, continue, increase, deny, or reduce any benefit accrued or accruing to a person under this chapter. (2) Present, or cause to be presented, any knowingly false material statement or material representation for the purpose of supporting or opposing an application for any benefit accrued or accruing to a person under this chapter. (3) Knowingly accept or obtain payment from a retirement system with knowledge that the recipient is not entitled to the payment under the provisions of this chapter and with the intent to retain the payment for personal use or benefit. (4) Knowingly aid, abet, solicit, or conspire with any person to do an act prohibited by this section. (b) For purposes of this section, “statement” includes, but is not limited to, any oral or written application for benefits, report of family relationship, report of injury or physical or mental limitation, hospital records, test results, physician reports, or other medical records, employment records, duty statements, reports of compensation, or any other evidence material to the determination of a person’s initial or continued eligibility for a benefit or the amount of a benefit accrued or accruing to a person under this chapter. (c) A person who violates any provision of this section is punishable by imprisonment in a county jail not to exceed one year, or by a fine of not more than five thousand dollars ($5,000), or by both that imprisonment and fine. (d) A person violating any provision of this section may be required by the court in a criminal action to make restitution to the retirement system, or to any other person determined by the court, for the amount of the benefit unlawfully obtained, unless the court finds that restitution, or a portion of it, is not in the interests of justice. Any restitution order imposed pursuant to this section shall be satisfied before any criminal fine imposed under this section may be collected. (e) The provisions provided by this section are cumulative and shall not be construed as restricting the application of any other law. (Added by Stats. 2008, Ch. 369, Sec. 5. Effective January 1, 2009.)
  172. 31456.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Actuarial equivalent” means a benefit with equal value, calculated using mortality tables adopted by the board of supervisors plus regular interest.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31456. “Actuarial equivalent” means a benefit of equal value when computed upon the basis of the mortality tables adopted by the board of supervisors and regular interest thereon. (Added by Stats. 1947, Ch. 424.)
  173. 31457.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “annuity” as a lifetime payment derived from a member’s contributions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31457. “Annuity” means payment for life derived from contributions made by a member. (Added by Stats. 1947, Ch. 424.)
  174. 31458.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    “Beneficiary” means a person receiving a pension, annuity, retirement allowance, death benefit, or any other benefit.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31458. “Beneficiary” means any person in receipt of a pension, annuity, retirement allowance, death benefit, or any other benefit. (Added by Stats. 1947, Ch. 424.)
  175. 31458.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    A surviving spouse may be treated as the nominated beneficiary if the member died after December 31, 1957 without naming a beneficiary and the spouse gives the board satisfactory written proof before any death benefit is paid.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31458.2. If, after December 31, 1957, and either before or after retirement a member dies leaving a spouse and has not designated a beneficiary, and, prior to the payment of any portion of the death benefit, such spouse files with the board written evidence, satisfactory to the board, that she or he is the surviving spouse and the date of the marriage, such surviving spouse shall be deemed, for the purposes of this chapter, to have been nominated as the beneficiary by such member. (Amended by Stats. 1965, Ch. 513.)
  176. 31458.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    An eligible ex-spouse may name beneficiaries to receive payments after the ex-spouse dies; if none are named, the payments go to the ex-spouse’s estate.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31458.3. (a) A member’s ex-spouse who is receiving or is entitled to receive payments from the system, including a portion of the surviving spouse’s allowance, pursuant to an order of the court dividing the community property interest in the member’s retirement allowance may designate one or more beneficiaries who shall receive those payments following the death of the ex-spouse. If there is no designated beneficiary, payment shall be made to the estate of the ex-spouse. Those payments shall terminate upon the death of the member or the surviving spouse. (b) This section applies only to a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961. (Amended by Stats. 2008, Ch. 164, Sec. 1. Effective January 1, 2009.)
  177. 31458.4.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    An ex-spouse receiving retirement-system payments may designate beneficiaries to receive those payments after the ex-spouse dies; if none is designated, the estate receives them, and the payments end when the member or surviving spouse dies.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31458.4. (a) A member’s ex-spouse who is receiving or is entitled to receive payments from the system, including a portion of the surviving spouse’s allowance, pursuant to an order of the court dividing the community property interest in the member’s retirement allowance may designate one or more beneficiaries who shall receive those payments following the death of the ex-spouse. If there is no designated beneficiary, payment shall be made to the estate of the ex-spouse. Those payments shall terminate upon the death of the member or the surviving spouse. (b) This section shall not be operative in any county until the board of supervisors, by resolution, makes this section applicable in the county. (Amended by Stats. 2008, Ch. 164, Sec. 2. Effective January 1, 2009.)
  178. 31459.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines what “board” means in different parts of the County Employees Retirement Law.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31459. (a) In a county in which a board of investments has been established pursuant to Section 31520.2: (1) As used in Sections 31453, 31453.5, 31454, 31454.1, 31454.5, 31472, 31588.1, 31589.1, 31591, 31592.3, 31594, 31595.1, 31595.9, 31596, 31596.1, 31601.1, 31607, 31611, 31616, 31625, 31784, and 31872, “board” means a board of investments. (2) As used in the first paragraph of Section 31592.2, “board” means a board of investments. (3) Sections 31510.4, 31522, 31523, 31524, 31525, 31528, 31529, 31529.5, 31595, 31618, 31680, and 31680.1 apply to both the board of retirement and board of investments, and “board” means both “board of retirement” and “board of investments.” (b) In Article 17 (commencing with Section 31880), “board” means the Board of Administration of the Public Employees’ Retirement System. (c) In all other cases, “board” means the board of retirement. (Amended by Stats. 2008, Ch. 164, Sec. 3. Effective January 1, 2009.)
  179. 31459.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines what “board” means in different parts of the County Employees Retirement Law, depending on the county and section involved.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31459.1. (a) In a county in which a board of investments has been established pursuant to Section 31520.2: (1) As used in Sections 31453, 31453.5, 31454, 31454.1, 31454.5, 31472, 31588.1, 31589.1, 31591, 31592.3, 31594, 31595.1, 31595.9, 31596, 31596.1, 31601.1, 31607, 31610, 31611, 31612, 31613, 31616, 31618, 31621.11, 31625, 31639.26, 31784, and 31872, “board” means board of investments. (2) As used in the first paragraph of Section 31592.2 and the first paragraph and subdivision (c) of the second paragraph of Section 31595, “board” means a board of investments. (3) Sections 31521, 31522, 31522.1, 31522.2, 31523, 31524, 31525, 31528, 31529, 31529.5, 31535.1, 31580.2, 31614, 31680, and 31680.1, apply to both the board of retirement and board of investments, and “board” means either or both the board of retirement and board of investments. (4) Subdivision (a) of Section 31526 and subdivisions (a) and (b) of the second paragraph of Section 31595 apply to both the board of retirement and board of investments, and “board” means either or both the board of retirement and board of investments. (b) In Article 17 (commencing with Section 31880) of this chapter, “board” means the Board of Administration of the Public Employees’ Retirement System. (c) In all other cases, “board” means the board of retirement. (d) This section shall apply only in a county of the first class, as defined in Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961. (Amended by Stats. 2011, Ch. 48, Sec. 1. (SB 637) Effective January 1, 2012.)
  180. 31460.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “compensation” for county retirement law.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31460. “Compensation” means the remuneration paid in cash out of county or district funds, plus any amount deducted from a member’s wages for participation in a deferred compensation plan established pursuant to Chapter 8 (commencing with Section 18310) of Part 1 of Division 5 of Title 2 or pursuant to Article 1.1 (commencing with Section 53212) of Chapter 2 of Part 1 of Division 2 of Title 5, but does not include the monetary value of board, lodging, fuel, laundry, or other advantages furnished to a member. (Amended by Stats. 1972, Ch. 1370.)
  181. 31461.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This section defines “compensation earnable” for a retirement member and excludes certain payments from that calculation.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31461. (a) (1) “Compensation earnable” by a member means the average compensation as determined by the board, for the period under consideration upon the basis of the average number of days ordinarily worked by persons in the same grade or class of positions during the period, and at the same rate of pay. The computation for any absence shall be based on the compensation of the position held by the member at the beginning of the absence. Compensation, as defined in Section 31460, that has been deferred shall be deemed “compensation earnable” when earned, rather than when paid. (2) (A) To the extent a retirement system has not defined “grade,” it may define “grade,” as described in paragraph (1), to mean a number of employees considered together because they share similarities in job duties, schedules, unit recruitment requirements, work location, collective bargaining unit, or other logical work-related group or class. A single employee shall not constitute a group or class. (B) Subparagraph (A) shall not be operative in any county until the board of supervisors of that county, by resolution adopted by majority vote, makes that subparagraph applicable in the county. Nothing in subparagraph (A) shall change the holding in Alameda County Deputy Sheriff’s Association v. Alameda County Employees’ Retirement Association (2020) 9 Cal.5th 1032, and to the extent that there is any conflict between this section and the holding in that case, the latter shall prevail. (b) “Compensation earnable” does not include, in any case, the following: (1) Any compensation determined by the board to have been paid to enhance a member’s retirement benefit under that system. That compensation may include: (A) Compensation that had previously been provided in kind to the member by the employer or paid directly by the employer to a third party other than the retirement system for the benefit of the member, and which was converted to and received by the member in the form of a cash payment in the final average salary period. (B) Any one-time or ad hoc payment made to a member, but not to all similarly situated members in the member’s grade or class. (C) Any payment that is made solely due to the termination of the member’s employment, but is received by the member while employed, except those payments that do not exceed what is earned and payable in each 12-month period during the final average salary period regardless of when reported or paid. (2) Payments for unused vacation, annual leave, personal leave, sick leave, or compensatory time off, however denominated, whether paid in a lump sum or otherwise, in an amount that exceeds that which may be earned and payable in each 12-month period during the final average salary period, regardless of when reported or paid. (3) Payments for additional services rendered outside of normal working hours, whether paid in a lump sum or otherwise. (4) Payments made at the termination of employment, except those payments that do not exceed what is earned and payable in each 12-month period during the final average salary period, regardless of when reported or paid. (c) The terms of subdivision (b) are intended to be consistent with and not in conflict with the holdings in Salus v. San Diego County Employees Retirement Association (2004) 117 Cal.App.4th 734 and In re Retirement Cases (2003) 110 Cal.App.4th 426. (Amended by Stats. 2024, Ch. 824, Sec. 1. (AB 2284) Effective January 1, 2025.)
  182. 31461.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section applies only to a county of the first class and lets the board of supervisors make it operative by majority vote; once operative, certain allowances and contributions are excluded from “compensation” and “compensation earnable.”

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31461.1. (a) This section applies only to a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961. (b) Notwithstanding Sections 31460 and 31461, neither “compensation” nor “compensation earnable” shall include any of the following: cafeteria or flexible benefit plan contributions, transportation allowances, car allowances, or security allowances, as enumerated in a resolution adopted pursuant to subdivision (c). (c) Except as provided in subdivision (d), this section shall not be operative until the board of supervisors, by resolution adopted by a majority vote, makes this section operative with respect to any employee who becomes a member after the effective date of the resolution. (d) Regardless of whether it has acted pursuant to subdivision (c), at any time the board of supervisors, by separate resolution adopted by a majority vote, may make this section operative with respect to any member not represented by a certified employee organization who makes an irrevocable election to become subject to this section. (e) Nothing in this section shall be construed to affect any determination made by the board of retirement, pursuant to Section 31461, prior to the effective date of this section. (f) Nothing in this section shall be construed to affect the validity of any memorandum of understanding or similar agreement that has been executed prior to the effective date of this section. (Amended by Stats. 2006, Ch. 538, Sec. 303. Effective January 1, 2007.)
  183. 31461.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This section defines “compensation earnable” for certain fee-compensated county officers.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31461.2. “Compensation earnable” by a public administrator, coroner or coroner-public administrator member compensated by means of fees means the average compensation as determined by the board, for the period under consideration, upon the basis of the average amount of fees received each month by such member. (Added by Stats. 1961, Ch. 2095.)
  184. 31461.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    Certain prior public retirement-system service may count as compensation earnable for final compensation if the reciprocity and timing conditions are met.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31461.3. (a) The average compensation during any period of service as a member of the Public Employees’ Retirement System, a member of a retirement system established under this chapter in another county, a member of the State Teachers’ Retirement System, or a member of a retirement system of any other public agency of the state that has established reciprocity with the Public Employees’ Retirement System subject to the conditions of Section 31840.2 shall be considered compensation earnable by a member for purposes of computing final compensation for that member provided: (1) The period intervening between active memberships in the respective systems does not exceed 90 days, or six months if Section 31840.4 applies. (2) He or she retires concurrently under both systems and is credited with that period of service under the other system at the time of retirement. (b) This section shall be applied retroactively under this chapter in favor of any member whose membership in the Public Employees’ Retirement System or in a retirement system established under this chapter in any county terminated prior to October 1, 1957, provided that he or she was eligible to and elected deferred retirement therein within 90 days after eligibility for reciprocity, the period intervening between active memberships in the respective systems did not exceed 90 days, or six months if Section 31840.4 applies, and he or she retires concurrently under both systems and is credited with that period of service under the other system at the time of retirement. The limitation of the 90-day or six-month period between the active membership in the two retirement systems shall not apply to an employee who entered the employment in which he or she became a member of the State Employees’ Retirement System prior to July 18, 1961; provided he or she entered that employment within 90 days, or six months if Section 31840.4 applies , after the termination of employment in the county system, whether that employment is with the state or with a county, a city, or other public agency that contracts with the Public Employees’ Retirement System, the State Teachers’ Retirement System, or a retirement system of any other public agency of the state that has established reciprocity with the Public Employees’ Retirement System subject to the conditions of Section 31840.2. (Amended by Stats. 2001, Ch. 159, Sec. 116. Effective January 1, 2002.)
  185. 31461.4.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This section applies only to counties of the first class, excludes certain cafeteria or flexible benefit plan contribution increases from “compensation” and “compensation earnable,” and lets a county board of supervisors make the section operative by majority-vote resolution.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31461.4. (a) This section applies only to a county of the first class, as defined by Section 28020, as amended by Chapter 1204 of the Statutes of 1971, and Section 28022, as amended by Chapter 43 of the Statutes of 1961. (b) Notwithstanding Sections 31460 and 31461, neither “compensation” nor “compensation earnable” shall include any increase, made on or after January 1, 1996, in cafeteria or flexible benefit plan contributions for any member represented by a certified employee organization, nor shall they include any increase in cafeteria or flexible benefit plan contributions made on or after January 1, 1995, for any member not represented by a certified employee organization, provided that the nonrepresented member waives the applicability of Sections 31460 and 31461 in writing prior to receiving any cash payment based on the increase. (c) This section shall not be operative in the county until the time as the board of supervisors shall, by resolution adopted by a majority vote, make the provisions of this section applicable in the county. (Added by Stats. 1999, Ch. 7, Sec. 1. Effective March 24, 1999.)
  186. 31461.45.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This section limits “compensation earnable” for a county of the first class to specified remuneration items, and later changes must follow the listed MOU or resolution procedures.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31461.45. (a) This section applies only to a county of the first class, as defined by Section 28020. (b) “Compensation earnable” in a county of the first class shall include only those items of remuneration specifically included as a result of the court-approved settlement in (1) the consolidated cases of Los Angeles County Professional Peace Officers’ Association, et al. v. Board of Retirement, Los Angeles County Employees’ Retirement Association (Los Angeles County Superior Court, Case No. BS 051355) and Milton Cohen v. Board of Retirement, Los Angeles County Employees’ Retirement Association (Los Angeles County Superior Court, Case No. BS 051774), (2) the case of Los Angeles County Fire Department Association of Chiefs, et al. v. Board of Retirement, Los Angeles County Employees’ Retirement Association, County of Los Angeles (Los Angeles County Superior Court, Case No. BS 057432), and (3) the case of Cecil Bugh v. Board of Retirement, Los Angeles County Employees’ Retirement System (Los Angeles County Superior Court, Case No. BS 055611), all of which were included in Coordination Proceeding Special Title (Rule 1550(b)), Retirement Cases, Judicial Council Coordination Proceeding No. 4049, even if a final judicial determination in that coordinated case, or any subsequent case, should conclude that any additional item of remuneration must be included in that definition with respect to any other county. Those items of remuneration in addition to base salary and the pensionable portion, if any, of cafeteria plan contributions, are set forth in Resolution No. 01-001, adopted by the board of retirement on or before the effective date of this section and shall include only the following: Earnings Code No. Title 099 Patrol Station Retention Bonus 358 Temporary Promotion Bonus 359 Lifeguard Paramedic, Catalina 503 Uniform Allowance 504 Night Shift Differential 505 Coroner’s Inquest Reporter 507 Cogeneration or Hydroelectric Ops and Mtce 508 Henninger Flats Watchman 509 Freezer Work 510 Department Head Merit 511 Board of Supervisors Performance Lump Sum 512 Fire Suppression Transportation Truck Driver 514 Backhoe Operator 516 Explosives Work 517 Evening Shift Differential 518 Power Equipment Repair, Snow Conditions 519 Engineering Employees, Hazard Pay 520 Home Care Compensation 522 Custodian Acting as Watchman 523 DPD Deputy Director Recruitment Incentive 525 Contracting and Productivity Improvement Incentive for Managers 528 WEBCOM Press Operator 529 Power Equipment Operator, Fire Suppression 530 RN Extra Weekends Worked 531 Standby 532 Additional Responsibilities or Exceptional Performance 533 Power Sweeper Operator in Emergency Conditions 534 Power Plant Relief Engineer 535 Clinic Physician, First Hour and One-Half 536 Consulting Specialist, MD, & Mental Health Consultant, MD, First and Fifth Hours 538 RN Assigned as Acting or Relief Charge Nurse 539 RN Weekend Differential 540 Relief Nurse Holiday Differential (Hourly Item) 541 Relief Nurse Weekend Differential (Hourly Item) 544 Appraisers Laundry and Dry Cleaning Allowance 545 Heavy Duty Tow Truck Driver 546 Slurry Seal Truck Driver 547 Lifeguard Paramedic-Shift 548 Lifeguard Paramedic-Hourly 550 Incentive Awards for Medi-Cal Reimbursements, Health Services 551 Group Incentive Award, Treasurer Tax Collector 553 Pioneer Excavation, Tunnel Operations, Fire Suppression and Snow Removal—Construction Inspection and Surveying Groups 554 Pioneer Excavation, Tunnel Operations, Fire Suppression and Snow Removal 555 Scaffold or Swing Stage, 30 Feet Above Grade 556 High Scale and Rigging Operations, General 557 Evening Shift, Med Tech 558 Night Shift, Med Tech 565 Paramedic Recertification Bonus 567 Deputy Sheriff Reserve Annual Compensation 570 Home Care Program Standby 571 CSW Licensure Supervision 572 MOU Lump Sum Bonus 601 Lifeguard Paramedic, Relief 602 Supervising Transportation Deputy Performing Dispatcher Duties 603 Automotive Service Excellence Certificates 604 RN Mobile Intensive Care Certification 605 Custodian Floor Waxing Bonus 606 Fire Equipment Mechanic Assigned Field Repair Duties 607 SDPO Assigned Acting Director In A Camp 608 Bilingual Bonus 609 RN Assigned to Emergency Room 610 Antelope Valley Firefighting Crew 611 Tree Trimmer Supervisor, Power Operations 612 Shooting Bonus, Expert 613 Shooting Bonus, Distinguished Expert 614 Shooting Bonus, Marksman 615 Shooting Bonus, Sharpshooter 616 Antelope Valley Quarters, On Fire Call 617 Clinic Nurse Assigned to Probation Camp 618 Transportation Bus Driver, Sheriff 619 Lifeguard Paramedic 620 San Gabriel Dam Operator 621 Nurse Retention Incentive 622 Advanced Appraiser Certification 623 Probation Transcriber Typist Production Incentive 624 Bilingual Additional Bonus Children’s Social Workers 625 Agriculture Inspectors Assigned to Standardization 626 Firefighter Paramedic not Assigned to a Paramedic Post 628 Bilingual Bonus for Other Than Monthly Employees 629 Mortuary Attendant at LAC/USC MC 630 Safety Police Educational/Longevity Incentive 632 Mental Health Workers Assigned to Sheriff’s Detention Facilities 634 Supervising Detention Services Officer of the Day 635 Transportation Deputy Bus Driver, Probation 636 Sheriff’s Station Commander Expenses 637 Professional Development Expenses 638 Probation Telecom Equipment Bonus 639 Intern Housing Allowance LAC/USC Med. Center 640 Children’s Services ERCP Retention 641 Shooting Bonus, Expert-Reserve 642 Shooting Bonus, Distinguished Expert-Reserve 643 Shooting Bonus, Marksman-Reserve 644 Shooting Bonus, Sharpshooter-Reserve 645 Welder Certification Bonus 782 FLSA Premium Pay for Regularly Scheduled Work Assignment 903 Non-Elective Leave Buyback 910 Sick Buyback 911 Vacation Buyback 912 Holiday Buyback 913 Sick Pre-71 Buyback 914 Sick Buyback-Probation 56 Hour 915 Vacation Buyback-56 Hour 930 Special Paid Leave Buyback 931 Appraisers Leave Buyback 932 Intern/Resident Leave Buyback None Emp Suggest None Park, Nontaxable None Park, Taxable None Prior Salary None Transportation Allowance None Traffic Mitigation Any additional item of remuneration may subsequently be included in “compensation earnable” pursuant to a memorandum of understanding between a county of the first class and any of its recognized employee organizations or a resolution adopted by its board of supervisors. (c) No item of remuneration included in “compensation earnable” as a result of the court-approved settlement and as set forth in the resolution described above in subdivision (b) may be removed therefrom as a result of any subsequent judicial determination, except that a county of the first class and a recognized employee organization may agree only through a memorandum of understanding to exclude the item of remuneration from “compensation earnable” or the board of supervisors may adopt a resolution excluding the item of remuneration from “compensation earnable” with respect to nonrepresented employees. (d) This section shall not be operative in the county until the board of supervisors, by resolution adopted by a majority vote, makes the provisions of this section applicable in the county. (Amended by Stats. 2002, Ch. 664, Sec. 113. Effective January 1, 2003.)
  187. 31461.5.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Salary bonuses and similar incentive payments under the named management incentive plan are excluded from retirement benefit calculations.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31461.5. Notwithstanding any other provision of law, salary bonuses or any other compensation incentive payments for regular duties or for additional services outside regular duties received under the program known on April 1, 1997, as the Executive and Unclassified Management Operational Incentive Plan or any successor program that is substantially similar by any members who are in positions identified as executive or unclassified management shall be excluded from all retirement benefit calculations. (Added by Stats. 1998, Ch. 129, Sec. 1. Effective January 1, 1999.)
  188. 31461.6.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Compensation earnable” does not include overtime premium pay, except certain premium pay for hours worked within regular hours that exceed the statutory maximum workweek or work period.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31461.6. (a) “Compensation earnable” shall not include overtime premium pay other than premium pay for hours worked within the normally scheduled or regular working hours that are in excess of the statutory maximum workweek or work period applicable to the employee under Section 201 and following of Title 29 of the United States Code. (b) This section shall not apply to a member who is subject to the California Public Employees’ Pension Reform Act of 2013. (Amended by Stats. 2013, Ch. 247, Sec. 6. (AB 1380) Effective January 1, 2014.)
  189. 31462.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “final compensation” for a county retirement member and gives a special calculation if the member has less than three years of service.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31462. (a) “Final compensation” means the average annual compensation earnable by a member during any three years elected by a member at or before the time the member files an application for retirement, or, if the member fails to elect, during the three years immediately preceding their retirement. If a member has less than three years of service, their final compensation shall be determined by dividing their total compensation earnable by the number of months of service credited to them and multiplying by 12. (b) This section shall not apply to a member who is subject to the California Public Employees’ Pension Reform Act of 2013 for all or any portion of their membership in the county retirement system. (Amended by Stats. 2023, Ch. 159, Sec. 9. (SB 885) Effective January 1, 2024.)
  190. 31462.05.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section sets how a county retirement member’s final compensation is calculated in two situations: when the member is covered by the California Public Employees’ Pension Reform Act of 2013, and when the member has less than three years of service.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31462.05. (a) For a member who is subject to the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1) for all or any portion of their membership in the county retirement system, “final compensation” as defined in Section 7522.32 shall apply. The computation for any absence shall be based on the pensionable compensation of the position held by the member at the beginning of the absence. (b) If a member has less than three years of service, that member’s final compensation shall be determined by dividing the total pensionable compensation by the number of months of service credited to the member and multiplying by 12. (Amended by Stats. 2025, Ch. 239, Sec. 15. (SB 853) Effective January 1, 2026.)
  191. 31462.1.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Final compensation” is generally the member’s average annual compensation earnable in a selected year, or the year before retirement if no year is selected. The section only becomes operative in a county after the board of supervisors adopts a majority-vote resolution, and it does not apply to certain members covered by the California Public Employees’ Pension Reform Act of 2013.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31462.1. (a) (1) “Final compensation” means the average annual compensation earnable by a member during any year elected by a member at or before the time he or she files an application for retirement, or, if he or she fails to elect, during the year immediately preceding his or her retirement. (2) This section shall not be operative in any county until such time as the board of supervisors shall, by resolution adopted by a majority vote, make the provisions of this section applicable in such county. (b) This section shall not apply to a member who is subject to the California Public Employees’ Pension Reform Act of 2013 for all or any portion of his or her membership in the county retirement system. (Amended by Stats. 2013, Ch. 247, Sec. 9. (AB 1380) Effective January 1, 2014.)
  192. 31462.11.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    In counties where Section 31462.1 applies, certain retirement and death allowances granted before that section’s effective date must be recalculated as if Section 31462.1 had already been in force.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31462.11. In any county subject to the provisions of Section 31462.1, every retirement allowance, optional death allowances, or annual death allowance, payable to or on account of any member, granted prior to the effective date of Section 31462.1 in such county, shall be recalculated as though Section 31462.1 had been in force in such county on the effective date of such allowance. Any increased allowances resulting from such recalculation shall be payable only prospectively on and after the operative date of this section in that county. This section shall not be operative in any county until such time as the board of supervisors shall, by resolution adopted by a majority vote, make the provisions of this section applicable in such county. (Added by Stats. 1974, Ch. 249.)
  193. 31462.2.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “final compensation” for certain members with temporary, seasonal, intermittent, or part-time service, and lets the member choose which three-year period is used in some cases.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31462.2. (a) “Final compensation” for members whose service is on a tenure that is temporary, seasonal, intermittent, or for part time only means one-third of the total compensation earnable earned for that period of time during which the member rendered the equivalent of three years of full-time service. (b) The member may elect at or before the time the member files an application for retirement the period of time during which the member has earned three full years of credit upon which final compensation shall be calculated. If the member does not so elect, that period of time immediately preceding their retirement shall be used. (c) This section also applies to a member meeting the conditions specified in subdivision (a), whose service is described in subdivision (a), and who is subject to the California Public Employees’ Pension Reform Act of 2013 (Article 4 (commencing with Section 7522) of Chapter 21 of Division 7 of Title 1). (Amended by Stats. 2023, Ch. 159, Sec. 11. (SB 885) Effective January 1, 2024.)
  194. 31462.3.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “final compensation” for certain Los Angeles County retirement plan members and says the section takes effect only if the county board of supervisors makes it operative by majority vote.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31462.3. (a) For members participating in the designated plans who are employed by the County of Los Angeles on or after October 1, 2000, and who retire or die on or after July 1, 2001, “final compensation” means the average annual compensation earnable by a member during any year elected by the member at or before the time he or she files an application for retirement or, if the member fails to elect, during the year immediately preceding his or her retirement. (b) As used in this section, the “designated plans” means the retirement plans sponsored by the County of Los Angeles that are commonly known as Retirement Plans B, C, and D for general members and Retirement Plan B for safety members. (c) This section shall only be applicable to Los Angeles County and shall not become operative until the board of supervisors of that county elects, by resolution adopted by a majority vote, to make this section operative. (Added by Stats. 2001, Ch. 778, Sec. 1.5. Effective October 13, 2001. Section conditionally operative by its own provisions.)
  195. 31463.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “normal contributions” as a member’s contributions at the normal rate, excluding additional contributions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31463. “Normal contributions” means contributions by a member at the normal rates of contributions, but does not include additional contributions by a member. (Added by Stats. 1947, Ch. 424.)
  196. 31464.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “accumulated normal contributions.”

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31464. “Accumulated normal contributions” means the sum of all normal contributions standing to the credit of a member’s individual account and regular interest thereon. (Added by Stats. 1947, Ch. 424.)
  197. 31465.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “additional contributions” as contributions members make on top of the normal contributions under Section 31627.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31465. “Additional contributions” means contributions made by members in addition to normal contributions under Section 31627. (Amended by Stats. 2020, Ch. 275, Sec. 30. (AB 2101) Effective January 1, 2021.)
  198. 31466.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section defines “accumulated additional contributions” as the total of additional contributions credited to a member’s individual account plus regular interest.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31466. “Accumulated additional contributions” means the sum of all additional contributions standing to the credit of a member’s individual account and regular interest thereon. (Added by Stats. 1947, Ch. 424.)
  199. 31467.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    “Accumulated contributions” means a member’s accumulated normal contributions plus any accumulated additional contributions credited to the member’s account.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31467. “Accumulated contributions” means accumulated normal contributions plus any accumulated additional contributions standing to the credit of a member’s account. (Added by Stats. 1947, Ch. 424.)
  200. 31468.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. )

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    This section defines “district” for the retirement law and sets special coverage rules for certain South Coast Air Quality Management District employees.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 4. EMPLOYEES [31000 - 33017] ( Division 4 added by Stats. 1947, Ch. 424. ) ## PART 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 3. County Employees Retirement Law of 1937 [31450 - 31898] ( Chapter 3 added by Stats. 1947, Ch. 424. ) ## ARTICLE 1. General [31450 - 31485.22] ( Article 1 added by Stats. 1947, Ch. 424. ) ## 31468. (a) “District” means a district, formed under the laws of the state, located wholly or partially within the county other than a school district. (b) “District” also includes any institution operated by two or more counties, in one of which there has been adopted an ordinance placing this chapter in operation. (c) “District” also includes any organization or association authorized by Chapter 26 of the Statutes of 1935, as amended by Chapter 30 of the Statutes of 1941, or by Section 50024, which organization or association is maintained and supported entirely from funds derived from counties, and the board of any retirement system is authorized to receive the officers and employees of that organization or association into the retirement system managed by the board. (d) “District” also includes, but is not limited to, any sanitary district formed under Part 1 (commencing with Section 6400) of Division 6 of the Health and Safety Code. (e) “District” also includes any city, public authority, public agency, and any other political subdivision or public corporation formed or created under the constitution or laws of this state and located or having jurisdiction wholly or partially within the county. (f) “District” also includes any nonprofit corporation or association conducting an agricultural fair for the county pursuant to a contract between the corporation or association and the board of supervisors under the authority of Section 25905. (g) “District” also includes the Regents of the University of California, but with respect only to employees who were employees of a county in a county hospital, who became university employees pursuant to an agreement for transfer to the regents of a county hospital or of the obligation to provide professional medical services at a county hospital, and who under that agreement had the right and did elect to continue membership in the county’s retirement system established under this chapter. (h) “District” also includes the South Coast Air Quality Management District, a new public agency created on February 1, 1977, pursuant to Chapter 5.5 (commencing with Section 40400) of Part 3 of Division 26 of the Health and Safety Code. (1) Employees of the South Coast Air Quality Management District shall be deemed to be employees of a new public agency occupying new positions on February 1, 1977. On that date, those new positions are deemed not to have been covered by any retirement system. (2) No retirement system coverage may be effected for an employee of the South Coast Air Quality Management District who commenced employment with the district during the period commencing on February 1, 1977, and ending on December 31, 1978, unless and until the employee shall have elected whether to become a member of the retirement association established in accordance with this chapter for employees of Los Angeles County or the retirement association established in accordance with this chapter for employees of San Bernardino County. The election shall occur before January 1, 1980. Any employee who fails to make the election provided for herein shall be deemed to have elected to become a member of the retirement association established in accordance with this chapter for the County of Los Angeles. (3) The South Coast Air Quality Management District shall make application to the retirement associations established in accordance with this chapter for employees of Los Angeles County and San Bernardino County for coverage of employees of the South Coast Air Quality Management District. (4) An employee of the South Coast Air Quality Management District who commenced employment with the district during the period commencing on February 1, 1977, and ending on December 31, 1978, and who has not terminated employment before January 1, 1980, shall be covered by the retirement association elected by the employee pursuant to paragraph (2). That coverage shall be effected no later than the first day of the first month following the date of the election provided for in paragraph (2). (5) Each electing employee shall receive credit for all service with the South Coast Air Quality Management District. However, the elected retirement association may require, as a prerequisite to granting that credit, the payment of an appropriate sum of money or the transfer of funds from another retirement association in an amount determined by an enrolled actuary and approved by the elected retirement association’s board. The amount to be paid shall include all administrative and actuarial costs of making that determination. The amount to be paid shall be shared by the South Coast Air Quality Management District and the employee. The share to be paid by the employee shall be determined by good faith bargaining between the district and the recognized employee organization, but in no event shall the employee be required to contribute more than 25 percent of the total amount required to be paid. The elected retirement association’s board may not grant that credit for that prior service unless the request for that credit is made to, and the required payment deposited with, the elected retirement association’s board no earlier than January 1, 1980, and no later than June 30, 1980. The foregoing shall have no effect on any employee’s rights to reciprocal benefits under Article 15 (commencing with Section 31830). (6) An employee of the South Coast Air Quality Management District who commenced employment with the district after December 31, 1978, shall be covered by the retirement association established in accordance with this chapter for employees of San Bernardino County. That coverage shall be effected as of the first day of the first month following the employee’s commencement date. (7) Notwithstanding paragraphs (2) and (4) above, employees of the South Coast Air Quality Management District who were employed between February 1, 1977, and December 31, 1978, and who terminate their employment between February 1, 1977, and January 1, 1980, shall be deemed to be members of the retirement association established in accordance with this chapter for the employees of Los Angeles County commencing on the date of their employment with the South Coast Air Quality Management District. (i) “District” also includes any nonprofit corporation that operates one or more museums within a county of the 15th class, as described by Sections 28020 and 28036 of the Government Code, as amended by Chapter 1204 of the Statutes of 1971, pursuant to a contract between the corporation and the board of supervisors of the county, and that has entered into an agreement with the board and the county setting forth the terms and conditions of the corporation’s inclusion in the county’s retirement system. (j) “District” also includes any economic development association funded in whole or in part by a county of the 15th class, as described by Sections 28020 and 28036 of the Government Code, as amended by Chapter 1204 of the Statutes of 1971, and that has entered into an agreement with the board of supervisors and the county setting forth the terms and conditions of the association’s inclusion in the county’s retirement system. (k) “District” also includes any special commission established in the Counties of Tulare and San Joaquin as described by Section 14087.31 of the Welfare and Institutions Code, pursuant to a contract between the special commission and the county setting forth the terms and conditions of the special commission’s inclusion in the county’s retirement system with the approval of the board of supervisors and the board of retirement. (l) (1) “District” also includes the retirement system established under this chapter in Orange County. (2) “District” also includes the retirement system established under this chapter in San Bernardino County at such time as the board of retirement, by resolution, makes this section applicable in that county. (3) “District” also includes the retirement system established under this chapter in Contra Costa County. (4) “District” also includes the retirement system established under this chapter in Ventura County. (m) “District” also includes the Kern County Hospital Authority, a public agency that is a local unit of government established pursuant to Chapter 5.5 (commencing with Section 101852) of Part 4 of Division 101 of the Health and Safety Code. (Amended by Stats. 2015, Ch. 223, Sec. 1. (AB 1291) Effective January 1, 2016.)

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