Government Code — Part 49 | GOV — United States — California law | Esheria

Government Code

Part 49 of 107 · provisions 9,601–9,800

This act is named the Government Code.

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About this statute

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

Showing 200 of 21,333

  1. 32265.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board may make regulations if they are not inconsistent with this chapter, and those regulations take effect only when approved 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 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32265. The board may make regulations not inconsistent with this chapter. The regulations shall become effective when approved by the board of supervisors. (Added by Stats. 1947, Ch. 424.)
  2. 32266.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board must report every January to the board of supervisors on the fund’s condition, receipts and disbursements, and a complete list of beneficiaries and amounts paid for the prior calendar year.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32266. The board shall report annually in January to the board of supervisors the condition of the fund and the receipts and disbursements on account of the fund with a complete list of the beneficiaries of the fund and the amounts paid them for the preceding calendar year. (Added by Stats. 1947, Ch. 424.)
  3. 32267.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board must annually prepare a budget for maintaining the pension fund and may hire an actuary to help prepare the budget and report.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32267. The board shall annually prepare a budget of the cost of maintaining the pension fund. For this purpose it may employ an actuary to assist it in preparing the budget and report, to the end that the system may be scientifically financed and administered. (Added by Stats. 1947, Ch. 424.)
  4. 32268.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board must arrange actuarial reviews of the system right after the first year of operation and then at least every five 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32268. The board shall cause an actuarial investigation and valuation of the system to be made immediately after the first year of operation and thereafter at not to exceed five-year intervals. The investigation shall be conducted under the supervision of an actuary and shall cover the mortality, service, and salary experience of the members and beneficiaries, and shall evaluate the assets and liabilities of the fund. Upon the basis of the determination, investigation, valuation, and recommendation of the actuary, the board shall recommend to the board of supervisors such changes in the rate of interest, in the rates of contributions of members, and in county appropriations as it deems necessary. No adjustment shall be included in the new rates for time prior to the effective date of the revision. (Added by Stats. 1947, Ch. 424.)
  5. 32269.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    After receiving the recommendation, the board of supervisors must adjust interest rates, member contribution rates, and county appropriations, but it cannot set them to reduce individual benefits.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32269. After the receipt of the recommendation the board of supervisors shall adjust the rate of interest, the rates of contributions of members, and county appropriations, as it deems advisable, but shall not fix them so as to reduce the amount of individual benefits. (Added by Stats. 1947, Ch. 424.)
  6. 32270.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board controls the system’s funds and must administer them and order payments in line with 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32270. The board has charge and control of the funds of the system and shall administer them and shall order payments therefrom in accordance with this chapter. (Added by Stats. 1947, Ch. 424.)
  7. 32271.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    The board must invest and reinvest system funds, and may sell securities and reinvest the proceeds.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32271. The board shall invest and reinvest the funds of the system, and may from time to time sell and invest and reinvest the proceeds of any securities held by it and invest and reinvest all unappropriated income of the funds. All funds received by it not required for current disbursements shall be invested only in: (a) Securities that are legal for savings bank investments or any bonds which, pursuant to the statutes or laws providing for the issuance of those bonds are entitled to the same force or value or use as bonds issued by any municipality, or any bonds issued pursuant to those acts, statutes or laws of this state wherein that law specifically states by reference or otherwise that the bonds shall be legal investments for either savings banks, insurance companies, all trust funds, state school funds and any funds that may be invested in bonds of cities, counties, cities and counties, school districts, or municipalities in the state, or any bonds that have been investigated and approved by a commission or board now or hereafter authorized by law to conduct that investigation and give that approval and by authority of which those bonds are declared to be legal investments for insurers. (b) Deposits at interest in any state or national bank doing business with the county pursuant to law authorizing and controlling the deposit of public funds in banks. (c) Shares, share accounts, or certificates of funds of a credit union that has the protection provided by the National Credit Union Share Insurance Fund or other private insurance or guaranty of share accounts that is acceptable to the Commissioner of Financial Institutions. (Amended by Stats. 2002, Ch. 664, Sec. 119. Effective January 1, 2003.)
  8. 32272.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. )

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    When system securities are sold, the county treasurer must deliver the sold securities after receiving the proceeds, and may sign documents needed to transfer title.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 3. Board of Retirement [32250 - 32272] ( Article 3 added by Stats. 1947, Ch. 424. ) ## 32272. Whenever securities belonging to or held for the system are sold, the county treasurer shall deliver the securities sold upon receiving the proceeds and may execute any and all documents necessary to transfer title. The duties imposed upon the county treasurer are a part of his official duties, for the faithful performance of which he is liable on his official bond. (Added by Stats. 1947, Ch. 424.)
  9. 32300.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Retirement Fund [32300 - 32303] ( Article 4 added by Stats. 1947, Ch. 424. )

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    Counties adopting this retirement system must open a trust fund account for the county foresters, firewardens, and firemen’s retirement fund, and credit member contributions and supervisor-provided sums to 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Retirement Fund [32300 - 32303] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 32300. For the purpose of providing and maintaining a fund to meet the payments of demands drawn for the payment of pensions and the expenses of the board, a trust fund account to be known as “county foresters, firewardens, and firemen’s retirement fund” shall be opened upon the books of the auditor and treasurer of any county adopting a system under this chapter. The contributions of the members and the sums made available by the board of supervisors for the purpose shall be credited to the fund. (Added by Stats. 1947, Ch. 424.)
  10. 32301.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Retirement Fund [32300 - 32303] ( Article 4 added by Stats. 1947, Ch. 424. )

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    The auditor and treasurer must record fund transfers, payments, withdrawals, and other cash transactions on the books as county transactions are recorded.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Retirement Fund [32300 - 32303] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 32301. All transfers or payments to the fund and all withdrawals and other cash transactions shall be accounted upon the books of the auditor and treasurer in and out of this fund in the same manner as county transactions. (Added by Stats. 1947, Ch. 424.)
  11. 32302.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Retirement Fund [32300 - 32303] ( Article 4 added by Stats. 1947, Ch. 424. )

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    Warrants drawn on the fund must be signed by the treasurer and at least one board member designated by the board, and they are not valid until the county auditor countersigns, numbers, and records 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Retirement Fund [32300 - 32303] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 32302. All warrants drawn on the fund shall be signed by the treasurer and at least one other member of the board, who shall be designated by the board. No warrant is valid until it is countersigned, numbered, and recorded by the county auditor. (Added by Stats. 1947, Ch. 424.)
  12. 32303.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Retirement Fund [32300 - 32303] ( Article 4 added by Stats. 1947, Ch. 424. )

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    Payments under this chapter must be made monthly and only with proper vouchers.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 4. Retirement Fund [32300 - 32303] ( Article 4 added by Stats. 1947, Ch. 424. ) ## 32303. Payments provided for in this chapter shall be made monthly upon proper vouchers. (Added by Stats. 1947, Ch. 424.)
  13. 32320.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

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    Members’ normal contribution rates must be based on age at the nearest birthday when they enter the 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 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32320. The normal rates of contribution of members shall be based on the age at the nearest birthday at the time of entrance into the system. (Added by Stats. 1947, Ch. 424.)
  14. 32321.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

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    Normal contribution rates must be set so they fund an average annuity equal to one-half of terminal salary at the earliest service-retirement age, using board-adopted tables.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32321. The normal rates of contribution shall be such as will provide an average annuity at the lowest age at which the respective members are eligible for service retirement equal to one-half of terminal salary, according to the tables adopted by the board. (Added by Stats. 1947, Ch. 424.)
  15. 32322.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

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    Each member must contribute the percentage of salary set by the table, based on age at entry, while salary above the stated monthly cap is ignored.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32322. Until revised pursuant to Sections 32268 and 32269, the rate of contribution of each member is that percentage of the salary actually paid to him, disregarding any portion in excess of five hundred dollars ($500) a month, shown in the following table according to age at the time of entry into the retirement system: Contribution, Age at entry percentage of into system salary 21 ........................ 4.31 22 ........................ 4.48 23 ........................ 4.66 24 ........................ 4.85 25 ........................ 5.05 26 ........................ 5.26 27 ........................ 5.49 28 ........................ 5.73 29 ........................ 5.98 30 ........................ 6.25 31 ........................ 6.54 32 ........................ 6.85 33 ........................ 7.18 34 ........................ 7.54 35 ........................ 7.93 36 ........................ 8.34 37 ........................ 8.80 38 ........................ 9.30 39 ........................ 9.86 40 ........................ 10.47 If a member is subject to the provisions of Section 32341, unless and until the member exercises the option provided for therein, any portion of the salary actually paid such member in excess of three hundred dollars ($300) a month shall be disregarded. (Amended by Stats. 1949, Ch. 1369.)
  16. 32323.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

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    Members pay the contribution rate tied to age 40 if they join after age 40, and the rate tied to age 21 if they join at a younger 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 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32323. The normal rate of contribution established for age 40 is the rate for any member who has attained a greater age before entrance into the system, and that established for age 21 is the rate for any member who enters the system at a lesser age. (Added by Stats. 1947, Ch. 424.)
  17. 32324.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Member contribution amounts are deducted from monthly salary warrants and paid into the member’s account at the county treasurer.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32324. The rate of contribution of any member shall apply only to so much of the salary actually paid to him, plus the monetary value as determined by the board of board, lodging, fuel, laundry, and other advantages of any nature furnished to him in payment for his services as does not exceed the amount specified in Section 32322. The amount shall be deducted by the county auditor or other officer charged with the duty of drawing salary or wage warrants from the first salary or wage warrant drawn in each month in favor of each member and shall be paid to the county treasurer and placed to the credit of the member’s account. (Amended by Stats. 1949, Ch. 1369.)
  18. 32325.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Paying salaries and wages minus the contribution fully discharges claims for the service covered, except for 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32325. Payment of salaries and wages less the contribution is full and complete discharge and acquittance of all claims and demands whatsoever for service rendered by the members during the period covered by such payment except the benefits afforded by this chapter. (Added by Stats. 1947, Ch. 424.)
  19. 32326.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a person elects to come within this chapter, any money owed to them under another system must be paid as if they had separated from service, except as provided in Sections 32327, 32328, and 32329.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32326. Upon election by any person to come within this chapter any sums due him under any other system shall be paid to him as in the case of separation from the service, except as provided in Sections 32327, 32328, and 32329. (Added by Stats. 1947, Ch. 424.)
  20. 32327.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A person claiming prior service credit under this chapter is entitled to a refund only of any excess credit held in another pension 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 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32327. Any person electing to come within this chapter who elects to secure credit for prior service as a forester, firewarden, or fireman under this chapter, if he has to his credit in any other pension system a sum exceeding that necessary to entitle him to credit for such prior service shall have refunded to him only the amount by which his credit in the other pension system exceeds that necessary to entitle him to credit claimed for prior service. The amount necessary for such credit shall be determined on a 2 percent basis applied to the aggregate salary or wages paid during the period of prior service claimed. (Added by Stats. 1947, Ch. 424.)
  21. 32328.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A person seeking prior service credit for certain fire service work must deposit enough into the retirement fund to make up the missing amount, and the required amount is calculated on a 2% basis.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32328. Any person electing to secure credit for prior service as a forester, firewarden, or fireman under this chapter who has to his credit in any other pension system a sum less than that necessary to entitle him to credit for such prior service, shall deposit in the retirement fund a sum equal to the amount necessary to entitle him to the credit claimed for prior service, and the amount he has to his credit in the other pension system shall be transferred from such other system to the retirement fund of this system, to his credit. The amount necessary for such credit shall be determined on a 2 percent basis applied to the aggregate salary or wages paid during the period of prior service claimed. (Added by Stats. 1947, Ch. 424.)
  22. 32329.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A person who elects to come under this chapter may choose not to claim full prior-service credit, or to claim only a fractional part of 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32329. Any person electing to come within this chapter may elect not to claim full credit for his prior service, but may elect to receive credit for only a fractional part of such prior service. In such event, he shall receive a refund or make deposit based on the amount to his credit in the other pension system as against the fractional part of the prior service claimed. The amount necessary for such credit shall be determined on a 2 percent basis applied to the aggregate salary or wages paid during the period of prior service claimed. (Added by Stats. 1947, Ch. 424.)
  23. 32330.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors must set and appropriate each year enough money to cover current fund demands, including interest, together with member contributions, and must deposit contributions monthly into the county treasury for the fund.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32330. The board of supervisors shall determine and appropriate each year an amount sufficient, together with the contributions of the member to meet all of the current demands, including interest, against the fund. The board shall deposit monthly all contributions received in the county treasury to the credit of the fund. (Added by Stats. 1947, Ch. 424.)
  24. 32330.5.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors may appropriate extra money to cover or eliminate a fund deficit, but only up to a capped amount, and must deposit monthly contributions into the county treasury for the fund.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32330.5. The board of supervisors may appropriate an additional amount, not to exceed the sum which would result from a tax levy upon all of the property in the county subject to taxation of one-half cent ($0.005) per one hundred dollars ($100) of assessed valuation, to reduce or eliminate any deficit in the fund. The board of supervisors shall deposit monthly all contributions received in the county treasury to the credit of the fund. (Added by Stats. 1949, Ch. 1369.)
  25. 32331.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    When preparing and adopting the county or county fire protection districts budget, the board of supervisors must include in salaries and wages an amount equal to members’ contributions for that budget 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32331. In the preparation and adoption of the county or county fire protection districts budget, the board of supervisors shall add to and include in the appropriation for salaries and wages an amount equal to the contributions to be made by members during the period for which the budget is being prepared. (Added by Stats. 1947, Ch. 424.)
  26. 32332.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Each month, the county auditor must certify to the board of supervisors the total contributions paid by members to the fund, and the board must then transfer an equal amount from the appropriation to the fund.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32332. The county auditor shall certify to the board of supervisors at the end of each month the total amount of contributions paid by members to the fund, and the board of supervisors shall thereupon transfer a like amount from the appropriation to the fund. (Added by Stats. 1947, Ch. 424.)
  27. 32333.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Contributions and deposits earn simple interest, set by the board with approval from the board of supervisors, up to 4% a year.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32333. All contributions and deposits shall bear simple interest at a rate to be fixed by the board with the approval of the board of supervisors, not to exceed 4 percent a year. Interest shall be credited semiannually on June 30th and December 31st to all contributions in the fund to the credit of each member which have been on deposit for six months immediately prior to such date. (Added by Stats. 1947, Ch. 424.)
  28. 32334.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A county fire service retirement system member who leaves county service before retirement, except for death or permanent disability, is entitled to be paid back all contributions plus half the interest credited to the 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32334. Any member of the system who is separated from the service of the county before retirement for any cause other than death or permanent disability, shall have paid to him all his contributions to the fund and one-half of all interest credited to his account. (Amended by Stats. 1949, Ch. 1369.)
  29. 32335.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a member dies before retirement, the system must pay the member’s legal representative the member’s contributions and half of the interest credited to the account, unless the death was caused by duty-related injury or sickness.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32335. Upon the death before retirement of any member for any cause other than an injury received during the performance of his duty or sickness caused by the discharge of such duty, the system shall pay to his legal representative, all his contribution to the fund and one-half of all interest credited to his account. (Amended by Stats. 1949, Ch. 1369.)
  30. 32336.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member may redeposit into the fund, within one year after reentering service, an amount equal to what was withdrawn when membership last ended.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32336. Any member may redeposit in the fund, within one year after his reentrance into the service, an amount equal to that which he withdrew at the last termination of his membership. The redeposit shall constitute reinstatement in this system, and he is entitled to all of the privileges and benefits of the system. (Added by Stats. 1947, Ch. 424.)
  31. 32337.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member who returns from military service on time and pays the required amount may be treated as having continuous 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32337. Any member who enters the armed forces of the United States during war or national emergency proclaimed by the President or an act of Congress providing for peacetime induction or conscription and thereafter returns to active service as a forester, firewarden, or fireman within 90 days after the termination of military service during the war or emergency is deemed to have been in continuous service as a forester, firewarden, or fireman during the time he was in the armed forces of the United States if, during the period of his absence from active duty or within one year after his return from military service and such further time not exceeding an additional two years as the board determines, he pays into the fund an amount equal to the contributions which he would have made had he remained on active duty. (Added by Stats. 1947, Ch. 424.)
  32. 32338.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A qualifying member who was absent from work because of an injury or disease may pay into the fund the amount that would have been deducted from pay, if the payment is made on time.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32338. If any member is compelled to be absent from his employment because temporarily incapacitated for the performance of duty as the result of injury or disease occurring in and arising out of his employment, because of which he becomes entitled to workmen’s compensation, within 90 days after his return to active employment, or within 90 days after the effective date of this section, whichever first occurs, or within such further time as may be granted by the board, he may pay into the fund an amount equal to that which would have been deducted had he remained in active employment. Upon the making of such payment, such time, whether before or after the effective date of this section, shall be considered as time served as a county forester, firewarden, or fireman. (Added by Stats. 1947, Ch. 270.)
  33. 32339.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board of supervisors may choose to make an additional contribution for certain members who served in the U.S. armed forces and returned to duty within 90 days after military service 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32339. Notwithstanding the provisions of this article, the board of supervisors and the board of supervisors as a governing body of the fire protection districts, may elect to contribute for each member of this system who has entered the armed forces of the United States after June 1, 1940, during war or national emergency proclaimed by the President or an act of Congress providing for peacetime induction or conscription and thereafter returns to active duty as a county forester, fire warden or county fire protection district fireman within ninety days after the termination of such military service, in addition to the contributions required by Sections 32330 and 32331, an amount equal to twice the amount such member would have contributed had he remained in service as a county forester, fire warden, or county fire protection district fireman and received the full salary of the position or positions which he held during the time of such military service. (Added by Stats. 1949, Ch. 481.)
  34. 32340.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If the board of supervisors elects to contribute under Section 32339, certain members with military service are entitled to refunds, service credit, and limited withdrawal 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32340. If the board of supervisors elects to contribute as provided in Section 32339: (a) Any such member who exercises or did exercise the right to contribute to the system during the period of military service shall have such contributions refunded. (b) Any such member who withdraws or has withdrawn his accumulated contributions during his military service and who does not or did not redeposit the amount withdrawn upon his return to service as a county forester, fire warden or county fire protection district fireman is entitled to be credited with any contribution the board of supervisors elects to make, and to receive credit for service during the period he was absent on military service, the same as if he had not withdrawn his accumulated contributions, and his rate for future contributions shall be based upon his age at the commencement of his absence on military service. (c) The contribution made by the board of supervisors pursuant to this section shall be available only for the purpose of retirement for service or for disability, and shall be made available only for the purpose of retirement, and a member resigning from county service after reinstatement from military service shall be entitled to withdraw only that portion of his accumulated contributions personally made by him. (Added by Stats. 1949, Ch. 481.)
  35. 32341.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section generally excludes certain prior-service compensation from a retirement computation unless the member timely elects to pay the missing contributions into the retirement fund.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32341. When the compensation of a member is a factor in any computation to be made under this chapter, there shall be excluded from such computation for any period of service prior to the first day of the month after the effective date of this section, any compensation earned since the establishment of the system upon which compensation the member has not paid contributions into the fund because of the provisions of Section 32322 as it existed prior to October 1, 1949, unless on or before December 31, 1952, such member shall elect by written notice filed with the board to pay into the retirement fund either by lump sum payment or by pay roll deductions over a period not exceeding 36 months, and prior to the effective date of his retirement and thereafter pays into the fund within the period specified such additional amount as he would have contributed as a part of his contributions had Section 32322 always read as it now reads and an amount equal to one-half the additional interest which would have been accrued to his account under such assumptions. (Amended by Stats. 1951, Ch. 1236.)
  36. 32342.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A Section 32341 member who elects to make the payments is treated as having elected the payments under Section 32341 as currently written.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 5. Contributions [32320 - 32342] ( Article 5 added by Stats. 1947, Ch. 424. ) ## 32342. A member subject to the provisions of Section 32341, who, either before or after the effective date of the 1951 amendment to this section elects to make the payments provided for therein shall be deemed to have elected to make the payments provided for in Section 32341 as it now reads. (Amended by Stats. 1951, Ch. 1236.)
  37. 32350.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    When this chapter applies in a county, the board must retire a qualified forester, firewarden, or fireman once the person has 20 years of covered service and is age 60.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32350. Whenever this chapter becomes operative in any county, the board shall order that any person who has been duly appointed, selected, or elected and qualified and has served as a forester, firewarden, or fireman for 20 years or more in the aggregate for which contributions provided for in this chapter have been made, and who has reached age 60, or who thereafter completes such service and attains age 60, shall be retired as of the first day of the succeeding calendar month. (Added by Stats. 1947, Ch. 424.)
  38. 32351.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A person retiring for service is entitled to a monthly pension equal to half of terminal salary, capped at $250 per month, with a lower $150 cap for certain Section 32341 members who do not use the listed option.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32351. Any person retiring for service shall receive a pension payable in equal monthly installments during his lifetime, equal to one-half of his terminal salary, not to exceed two hundred fifty dollars ($250) a month. If a member is subject to the provisions of Section 32341 and does not exercise the option provided for therein, the amount shall not exceed one hundred fifty dollars ($150) per month. (Amended by Stats. 1949, Ch. 1369.)
  39. 32352.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member must be retired for disability if injured or diseased in the course of employment and unable to perform duty, regardless of age or service. Another incapacitated member must be retired regardless of age, but only after 10 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32352. Any member shall be retired for disability regardless of age or amount of service, if incapacitated for the performance of duty as the result of an injury or disease occurring in and arising out of the course of his employment. Any member otherwise incapacitated for the performance of duty shall be retired regardless of age, but only after 10 years of service. Incapacity for performance of duty shall be determined by the board. As used in this section, “service” means only service for which contribution provided for in this chapter has been made as a county forester, firewarden, or fireman. (Added by Stats. 1947, Ch. 424.)
  40. 32353.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member with 15 years or more of service who develops heart trouble is presumed to have an employment-related injury or disease, unless evidence shows 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 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32353. If a member who has served 15 years or more develops heart trouble, it shall be presumed, in the absence of evidence to the contrary, in any proceeding under this chapter by the board and by the court, that such heart trouble is an injury or disease occurring in and arising out of his employment. (Added by Stats. 1947, Ch. 424.)
  41. 32354.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member retiring for service-connected disability receives an annual pension paid monthly, equal to half of terminal salary, capped at $250 a month, or $150 a month if Section 32341 applies and the option there is not used.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32354. Upon retirement of a member for service connected disability, he shall receive an annual pension, payable in equal monthly installments, equal to one-half of his terminal salary, not to exceed two hundred fifty dollars ($250) a month. If a member is subject to the provisions of Section 32341 and does not exercise the option provided for therein, the amount shall not exceed one hundred fifty dollars ($150) per month. (Amended by Stats. 1949, Ch. 1369.)
  42. 32355.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    This section provides a survivor pension when a member dies from duty-related injury or sickness, or after retirement for service-connected 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32355. Whenever any member is killed, or dies, as a result of any injury received during the performance of his duty, or from sickness caused by the discharge of such duty, or after retirement for service connected disability, an annual pension shall be paid in equal monthly installments to his widow, or child, or children, in an amount equal to one-half of his terminal salary, not to exceed two hundred fifty dollars ($250) a month. The pension shall be paid to the widow, during her lifetime or until she remarries. Thereafter, or if there is no widow qualified to receive the pension, it shall be paid to such of his children, through their guardian, as are under eighteen years of age, to be equally divided among them in the following amounts: For one child ........................ $50 For two children ........................ $75 For three or more children ........................ $100 A widow of a pensioner is not entitled to a pension unless she was married to the deceased pensioner at least five years prior to the date of his retirement. If the widow, widower, child, or children marry, the pension paid to the person so marrying shall cease. If a member is subject to the provisions of Section 32341 and does not exercise the option provided for therein, the amount shall not exceed one hundred fifty dollars ($150) per month. (Amended by Stats. 1949, Ch. 1369.)
  43. 32356.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    A member retired for a nonservice-connected disability is entitled to a monthly pension amount based on years of service, with amounts ranging from $75 to $100 per month, subject to a cap of one-half of terminal salary.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32356. Upon retirement of a member for nonservice connected disability, he shall receive an annual pension, payable in monthly installments, dependent upon the aggregate length of his service, as follows: After 10 years but less than 12 years of service, seventy-five dollars ($75) a month. After 12 years but less than 14 years of service, eighty dollars ($80) a month. After 14 years but less than 16 years of service, eighty-five dollars ($85) a month. After 16 years but less than 18 years of service, ninety dollars ($90) a month. After 18 years but less than 20 years of service, ninety-five dollars ($95) a month. After 20 years of service, one hundred dollars ($100) a month. A pension for nonservice connected disability shall not exceed one-half of the terminal salary of the member. (Amended by Stats. 1951, Ch. 1236.)
  44. 32357.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    The board may require a disability-retired member under age 50 to have a medical examination.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32357. The board may require any member retired for disability, under age 50, to undergo medical examination. The examination shall be made by a physician, appointed by the board, at the place of residence of the retired member or other place mutually agreed upon. Upon the basis of such examination the board shall determine whether the retired member is still physically or mentally incapacitated for service in the position held by him at the time of his retirement. (Added by Stats. 1947, Ch. 424.)
  45. 32358.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If the board finds the retired member is not incapacitated, the pension must be canceled immediately, and the member may be reinstated under county reinstatement or reemployment regulations.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32358. If the board determines that the retired member is not so incapacitated, his pension shall be canceled forthwith, and pursuant to regulations adopted by the county for the reinstatement or reemployment of personnel, he is eligible for reinstatement to a position in the class in which he was employed at time of retirement. (Added by Stats. 1947, Ch. 424.)
  46. 32359.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a pension is canceled, the member must be paid their accumulated contributions and credited interest, minus one-half of the pension payments already made during retirement.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32359. If the pension is canceled, there shall be immediately paid to the member out of the fund, the amount of his accumulated contributions as of the date of his retirement and all interest credited to his account, less an amount equal to one-half of the pension payments made to him during the period of his retirement. (Added by Stats. 1947, Ch. 424.)
  47. 32360.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    If a retired county fire service member returns to county service and qualifies for membership, future contribution rates are set by age at reentry, and service credit is available if the member repays a specified amount within six months after reinstatement.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32360. If the retired member reenters county service and is eligible for membership in this system, his rate of contribution for future years is that established for his age at the time of reentry. He shall receive credit for all service rendered by him prior to the time of his disability retirement, if he deposits into the fund within six months after his reinstatement an amount equal to that paid to him upon cancellation of his pension. (Added by Stats. 1947, Ch. 424.)
  48. 32361.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. )

    Verify source ↗

    Before the first pension payment, a member or beneficiary may choose a reduced pension option that provides survivor benefits for a widow, widower, or other 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32361. At any time before the first payment of any pension is made, a member or beneficiary may elect to receive the actuarial equivalent at that time of his pension in a lesser pension payable throughout his life and that of his widow, widower or beneficiary, if she or he survives him, in accordance with one of the following options: Option 1: Upon his death, such lesser pension shall be continued throughout the life of and paid to his widow, widower or beneficiary. Option 2: Upon his death, one-half of such lesser pension shall be continued throughout the life of and paid to his widow, widower or beneficiary. (Amended by Stats. 1949, Ch. 1367.)
  49. 32361.5.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. )

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    A member may file a written beneficiary designation with the board, and if joint beneficiaries are named, the board may pay any one of 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32361.5. Any member may file with the board a written statement nominating one or more beneficiaries, jointly, contingently, or both. If joint beneficiaries are named, the board may pay the amount due to any one of them, and the payment is a complete discharge. (Added by Stats. 1949, Ch. 1367.)
  50. 32365.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. )

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    A qualifying retired member must pay the contribution difference and accrued interest into the fund; after that payment, later retirement payments are recalculated as if the member had retired after the section’s effective date.

    ## 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 5. County Fire Service Retirement Law [32200 - 32365] ( Chapter 5 added by Stats. 1947, Ch. 424. ) ## ARTICLE 6. Benefits [32350 - 32365] ( Article 6 added by Stats. 1947, Ch. 424. ) ## 32365. If, after the effective date of this section a member who retired at any time after January 1, 1945, pays into the fund the difference between what he did contribute and what he would have contributed had Section 32322 always read as it now reads, and also pays the interest which would have been accrued upon such difference, then upon such payment, all retirement payments made subsequent to such payment shall be calculated as if such member had retired subsequent to the effective date of this section. (Amended by Stats. 1951, Ch. 1236.)
  51. 3250.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

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    This chapter is named the Firefighters Procedural Bill of Rights 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3250. This chapter shall be known, and may be cited, as the Firefighters Procedural Bill of Rights Act. (Added by Stats. 2007, Ch. 591, Sec. 2. Effective January 1, 2008.)
  52. 3251.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

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    This section defines key terms used in the chapter, including “firefighter,” “public agency,” and “punitive action.”

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3251. For purposes of this chapter, the following definitions apply: (a) (1) “Firefighter” means any firefighter employed by a public agency, including, but not limited to, any firefighter who is a paramedic or emergency medical technician, irrespective of rank. “Firefighter” also means an employee of the Department of Forestry and Fire Protection holding a temporary appointment to a firefighter position and employed as a seasonal firefighter. (2) Notwithstanding paragraph (1), “firefighter” does not include an inmate of a state or local correctional agency who performs firefighting or related duties or persons who are subject to Chapter 9.7 (commencing with Section 3300). (3) Except as provided in paragraph (4), this chapter does not apply to any employee who has not successfully completed the probationary period established by the employee’s employer as a condition of employment. (4) Notwithstanding paragraph (3), this chapter shall apply to an employee of the Department of Forestry and Fire Protection holding a temporary appointment to a firefighter position who has commenced employment in a second consecutive fire season with the department even though the person holding this position does not serve a probationary period. (b) “Public agency” has the meaning given that term by Section 53101. (c) “Punitive action” means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. (Amended by Stats. 2021, Ch. 722, Sec. 1. (SB 206) Effective January 1, 2022.)
  53. 3252.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

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    Firefighters generally may engage in political activity and may seek election to or serve on the governing board of a school district or another local agency where they are not employed, subject to stated exceptions.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3252. (a) Except as otherwise provided in Chapter 9.5 (commencing with Section 3201), or whenever on duty or in uniform, no firefighter shall be prohibited from engaging, or be coerced or required to engage, in political activity. (b) A firefighter shall not be prohibited from seeking election to, or serving as a member of, the governing board of a school district, or any local agency where the firefighter is not employed, including, but not limited to, any city, county, city and county, or special district, or political subdivision thereof. (Added by Stats. 2007, Ch. 591, Sec. 2. Effective January 1, 2008.)
  54. 3253.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

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    Firefighter interrogations tied to possible punitive action must follow specific procedures and protect the firefighter’s rights.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3253. When any firefighter is under investigation and subjected to interrogation by his or her commanding officer, or any other member designated by the employing department or licensing or certifying agency, that could lead to punitive action, the interrogation shall be conducted under the following conditions: (a) The interrogation shall be conducted at a reasonable hour, at a time when the firefighter is on duty, unless an imminent threat to the safety of the public requires otherwise. If the interrogation does occur during off-duty time of the firefighter being interrogated, the firefighter shall be compensated for any off-duty time in accordance with regular department procedures. The firefighter’s compensation shall not be reduced as a result of any work missed while being interrogated. (b) The firefighter under investigation shall be informed, prior to the interrogation, of the rank, name, and command of the officer or other person in charge of the interrogation, the interrogating officer, and all other persons to be present during the interrogation. All questions directed to the firefighter under interrogation shall be asked by and through no more than two interrogators at one time. (c) The firefighter under investigation shall be informed of the nature of the investigation prior to any interrogation. (d) The interrogating session shall be for a reasonable period taking into consideration the gravity and complexity of the issue being investigated. The person under interrogation shall be allowed reasonable breaks to attend to his or her own personal physical necessities. (e) (1) The firefighter under interrogation shall not be subjected to offensive language or threatened with punitive action. A promise of reward shall not be made as an inducement to answering any question. The employer shall provide to, and obtain from, an employee a formal grant of immunity from criminal prosecution, in writing, before the employee may be compelled to respond to incriminating questions in an interrogation. Subject to that grant of immunity, a firefighter refusing to respond to questions or submit to interrogations shall be informed that the failure to answer questions directly related to the investigation or interrogation may result in punitive action. (2) The employer shall not cause the firefighter under interrogation to be subjected to visits by the press or news media without his or her express written consent free of duress, and the firefighter’s photograph, home address, telephone number, or other contact information shall not be given to the press or news media without his or her express written consent. (f) A statement made during interrogation by a firefighter under duress, coercion, or threat of punitive action shall not be admissible in any subsequent judicial proceeding, subject to the following qualifications: (1) This subdivision shall not limit the use of statements otherwise made by a firefighter when the employing fire department is seeking civil service sanctions against any firefighter, including disciplinary action brought under Section 19572. (2) This subdivision shall not prevent the admissibility of statements otherwise made by the firefighter under interrogation in any civil action, including administrative actions, brought by that firefighter, or that firefighter’s exclusive representative, arising out of a disciplinary action. (g) The complete interrogation of a firefighter may be recorded. If a recording is made of the interrogation, the firefighter shall have access to the recording if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The firefighter shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those portions that are otherwise required by law to be kept confidential. Notes or reports that are deemed to be confidential shall not be entered in the firefighter’s personnel file. The firefighter being interrogated shall have the right to bring his or her own recording device and record any and all aspects of the interrogation. (h) If, prior to or during the interrogation of a firefighter, it is contemplated that he or she may be charged with a criminal offense, he or she shall be immediately informed of his or her constitutional rights. (i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that may result in punitive action against any firefighter, that firefighter, at his or her request, shall have the right to be represented by a representative of his or her choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, or be subject to any punitive action for refusing to disclose, any information received from the firefighter under investigation for noncriminal matters. This section shall not be construed to apply to counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other firefighter. (j) A firefighter shall not be loaned or temporarily reassigned to a location or duty assignment if a firefighter in his or her department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. (Added by Stats. 2007, Ch. 591, Sec. 2. Effective January 1, 2008.)
  55. 3254.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

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    Firefighters cannot be punished or denied promotion for exercising protected rights, and certain discipline and removal actions require appeal rights, notices, and timing rules.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3254. (a) A firefighter shall not be subjected to punitive action, or denied promotion, or be threatened with that treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure. (b) Punitive action or denial of promotion on grounds other than merit shall not be undertaken by any employing department or licensing or certifying agency against any firefighter who has successfully completed the probationary period without providing the firefighter with an opportunity for administrative appeal. (c) A fire chief shall not be removed by a public agency or appointing authority without providing that person with written notice, the reason or reasons for removal, and an opportunity for administrative appeal. For purposes of this subdivision, the removal of a fire chief by a public agency or appointing authority, for the purpose of implementing the goals or policies, or both, of the public agency or appointing authority, or for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, shall be sufficient to constitute “reason or reasons.” Nothing in this subdivision shall be construed to create a property interest, if one does not otherwise exist by rule or law, in the job of fire chief. (d) Punitive action or denial of promotion on grounds other than merit shall not be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of discovery by the employing fire department or licensing or certifying agency. This one-year limitation period shall apply only if the discovery of the act, omission, or other misconduct occurred on or after January 1, 2008. If the employing department or licensing or certifying agency determines that discipline may be taken, it shall complete its investigation and notify the firefighter of its proposed disciplinary action within that year, except in any of the following circumstances: (1) If the firefighter voluntarily waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver. (2) If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period. (3) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies. (4) If the investigation involves an employee who is incapacitated or otherwise unavailable. (5) If the investigation involves a matter in civil litigation where the firefighter is named as a party defendant, the one-year time period shall be tolled while that civil action is pending. (6) If the investigation involves a matter in criminal litigation in which the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant’s criminal investigation and prosecution. (7) If the investigation involves an allegation of workers’ compensation fraud on the part of the firefighter. (8) If an investigation involves an employee of the Department of Forestry and Fire Protection holding a temporary appointment to a firefighter position, as described in paragraph (4) of subdivision (a) of Section 3251, the one-year limitation period prescribed by this subdivision shall be tolled during any period that the employee is not employed by the department until the date the employee is rehired for a subsequent fire season. (e) If a predisciplinary response or grievance procedure is required or utilized, the time for that response or procedure shall not be governed or limited by this chapter. (f) If, after investigation and any predisciplinary response or procedure, the employing department or licensing or certifying agency decides to impose discipline, that agency shall notify the firefighter in writing of its decision to impose discipline within 30 days of its decision, but not less than 48 hours prior to imposing the discipline. (g) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a firefighter if both of the following circumstances exist: (1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation. (2) One of the following conditions exists: (A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency. (B) The evidence resulted from the firefighter’s predisciplinary response or procedure. (Amended by Stats. 2021, Ch. 722, Sec. 2. (SB 206) Effective January 1, 2022.)
  56. 3254.5.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

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    Firefighter administrative appeals must follow the department’s or agency’s adopted procedures, and in some cases an arbitrator or arbitration panel serves as the hearing officer with a binding decision.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3254.5. (a) An administrative appeal instituted by a firefighter under this chapter shall be conducted in conformance with rules and procedures adopted by the employing department or licensing or certifying agency that are in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2. (b) Notwithstanding subdivision (a), if the employing department is subject to a memorandum of understanding that provides for binding arbitration of administrative appeals, the arbitrator or arbitration panel shall serve as the hearing officer in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 and, notwithstanding any other provision, that hearing officer’s decision shall be binding. However, a memorandum of understanding negotiated with an employing agency shall not control the process for administrative appeals instituted with licensing or certifying agencies. Any administrative appeal instituted with licensing or certifying agencies shall adhere to the requirements prescribed in subdivision (a). (Amended by Stats. 2011, Ch. 296, Sec. 113. (AB 1023) Effective January 1, 2012.)
  57. 3254.6.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

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    Temporary firefighter appointees may not be terminated for cause without appeal rights, and successful appeals can lead to reinstatement or reemployment but not back pay.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3254.6. (a) (1) An employee of the Department of Forestry and Fire Protection holding a temporary appointment to a firefighter position, as described in paragraph (4) of subdivision (a) of Section 3251, shall not be terminated for cause without a right to appeal the termination to the State Personnel Board subject to the board’s rules. (2) The State Personnel Board shall hold a formal evidentiary hearing concerning an appeal under this section, following the same procedure as in state civil service proceedings. The employee shall have the burden of proof to show that the termination was not supported by a preponderance of the evidence or was implemented in bad faith. (3) If the State Personnel Board finds that cause for termination was not supported by a preponderance of the evidence or that the termination was made in bad faith, the employee shall be entitled to a decision from the board that the termination was without fault. The employee shall also be entitled to reinstatement to the employee’s position within seven days of the board’s decision, if the fire season during which the employee was working has not ended. If the fire season during which the employee was working has ended as of the date of the decision, the employee shall have the right to reemployment to a new temporary appointment for the next fire season, provided the employee meets minimum qualifications for the position and temporary appointments are made. The employee shall not be entitled to back pay. (b) Nothing in this section shall be construed to create a property interest in any temporary appointment to a firefighter position or to a permanent position within the state. (Added by Stats. 2021, Ch. 722, Sec. 3. (SB 206) Effective January 1, 2022.)
  58. 3255.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

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    A firefighter’s employer cannot place an adverse comment in the firefighter’s personnel file unless the firefighter has first read and signed the document; if the firefighter refuses to sign after reading it, the entry may be made and the refusal must be noted.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3255. A firefighter shall not have any comment adverse to his or her interest entered in his or her personnel file, or any other file used for any personnel purposes by his or her employer, without the firefighter having first read and signed the instrument containing the adverse comment indicating he or she is aware of the comment. However, the entry may be made if after reading the instrument the firefighter refuses to sign it. That fact shall be noted on that document, and signed or initialed by the firefighter. (Added by Stats. 2007, Ch. 591, Sec. 2. Effective January 1, 2008.)
  59. 3256.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

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    A firefighter may file a written response to an adverse comment in the personnel file within 30 days, and the response must accompany the comment.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3256. A firefighter shall have 30 days within which to file a written response to any adverse comment entered in his or her personnel file. The written response shall be attached to, and shall accompany, the adverse comment. (Added by Stats. 2007, Ch. 591, Sec. 2. Effective January 1, 2008.)
  60. 3256.5.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

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    Employers must let firefighters inspect certain personnel files, keep those files or copies available within a reasonable time after a request, and respond to correction-or-deletion requests within 30 calendar 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3256.5. (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a firefighter, during usual business hours, with no loss of compensation to the firefighter, permit that firefighter to inspect personnel files that are used or have been used to determine that firefighter’s qualifications for employment, promotion, additional compensation, or termination or other disciplinary action. (b) Each employer shall keep each firefighter’s personnel file or a true and correct copy thereof, and shall make the file or copy thereof available within a reasonable period of time after a request therefor by the firefighter. (c) If, after examination of the firefighter’s personnel file, the firefighter believes that any portion of the material is mistakenly or unlawfully placed in the file, the firefighter may request, in writing, that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision shall include a statement by the firefighter describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions. A statement submitted pursuant to this subdivision shall become part of the personnel file of the firefighter. (d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the employer shall either grant the firefighter’s request or notify the officer of the decision to refuse to grant the request. If the employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons for refusing the request, and that written statement shall become part of the personnel file of the firefighter. (Added by Stats. 2007, Ch. 591, Sec. 2. Effective January 1, 2008.)
  61. 3257.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

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    Firefighters cannot be forced to take a lie detector test, and refusal-related discipline, comments, and evidence use are barred.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3257. (a) A firefighter shall not be compelled to submit to a lie detector test against his or her will. (1) Disciplinary action or other recrimination shall not be taken against a firefighter refusing to submit to a lie detector test. (2) No comment shall be entered anywhere in the investigator’s notes or anywhere else that the firefighter refused to take, or did not take, a lie detector test. (3) Testimony or evidence to the effect that the firefighter refused to take, or was subjected to, a lie detector test shall not be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative. (b) For the purpose of this section, “lie detector” means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. (Added by Stats. 2007, Ch. 591, Sec. 2. Effective January 1, 2008.)
  62. 3258.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

    Verify source ↗

    A firefighter cannot be required or asked to disclose certain financial or personal expenditure information for job assignment or other personnel actions, except where state law requires it or a court order applies.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3258. A firefighter shall not be required or requested for purposes of job assignment or other personnel action to disclose any item of his or her property, income, assets, source of income, debts, or personal or domestic expenditures, including those of any member of his or her family or household, unless that information is otherwise required to be furnished under state law or obtained pursuant to court order. (Added by Stats. 2007, Ch. 591, Sec. 2. Effective January 1, 2008.)
  63. 3259.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

    Verify source ↗

    A firefighter’s assigned locker or storage space may not be searched unless the firefighter is present, consents, a valid warrant is obtained, or the firefighter has been notified of the search.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3259. A firefighter shall not have his or her locker or other space for storage that may be assigned to him or her searched except in his or her presence, or with his or her consent, or unless a valid search warrant has been obtained or unless he or she has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing department or licensing or certifying agency. (Added by Stats. 2007, Ch. 591, Sec. 2. Effective January 1, 2008.)
  64. 3260.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

    Verify source ↗

    Firefighter rights under this chapter may not be denied by employing departments or licensing/certifying agencies, and the superior court can grant relief and sanctions for violations or bad-faith filings.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3260. (a) It shall be unlawful for any employing department or licensing or certifying agency to deny or refuse to any firefighter the rights and protections guaranteed by this chapter. (b) The superior court shall have initial jurisdiction over any proceeding brought by any firefighter against any employing department or licensing or certifying agency for alleged violations of this chapter. (c) (1) If the superior court finds that the employing department or licensing or certifying agency has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order or preliminary or permanent injunction prohibiting the employing department or licensing or certifying agency from taking any punitive action against the firefighter. (2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been brought pursuant to this chapter, the court may order sanctions against the party filing the action, the party’s attorney, or both, pursuant to Sections 128.6 and 128.7 of the Code of Civil Procedure. Those sanctions may include, but not be limited to, reasonable expenses, including attorney’s fees, incurred by a fire department as the court deems appropriate. Nothing in this paragraph is intended to subject actions or filings under this section to rules or standards that are different from those applicable to other civil actions or filings subject to Section 128.6 or 128.7 of the Code of Civil Procedure. (d) In addition to the extraordinary relief afforded by this chapter, upon a finding by a superior court that a fire department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the firefighter, the fire department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the firefighter whose right or protection was denied and for reasonable attorney’s fees as may be determined by the court. If the court so finds, and there is sufficient evidence to establish actual damages suffered by the firefighter whose right or protection was denied, the fire department shall also be liable for the amount of the actual damages. Notwithstanding these provisions, a fire department may not be required to indemnify a contractor for the contractor’s liability pursuant to this subdivision if there is, within the contract between the fire department and the contractor, a “hold harmless” or similar provision that protects the fire department from liability for the actions of the contractor. An individual shall not be liable for any act for which a fire department is liable under this section. (Added by Stats. 2007, Ch. 591, Sec. 2. Effective January 1, 2008.)
  65. 3261.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

    Verify source ↗

    This section says the chapter does not restrict mutual aid agreements or jurisdictional/interagency cooperation.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3261. Nothing in this chapter shall in any way be construed to limit the ability of any employing department, licensing or certifying agency, or any firefighter to fulfill mutual aid agreements with other jurisdictions or agencies, and this chapter shall not be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where that activity is deemed necessary or desirable by the jurisdictions or agencies involved. (Added by Stats. 2007, Ch. 591, Sec. 2. Effective January 1, 2008.)
  66. 3262.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. )

    Verify source ↗

    The chapter’s rights and protections apply to a firefighter only while performing official duties.

    ## 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 9.6. Firefighters [3250 - 3262] ( Chapter 9.6 added by Stats. 2007, Ch. 591, Sec. 2. ) ## 3262. The rights and protections described in this chapter shall only apply to a firefighter during events and circumstances involving the performance of his or her official duties. (Added by Stats. 2007, Ch. 591, Sec. 2. Effective January 1, 2008.)
  67. 3300.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

    Verify source ↗

    This section says Chapter 9.7 is known as the Public Safety Officers Procedural Bill of Rights 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3300. This chapter is known and may be cited as the Public Safety Officers Procedural Bill of Rights Act. (Added by Stats. 1976, Ch. 465.)
  68. 33000.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    This chapter may be cited as the County Peace Officer and Fire Service Retirement Plan 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33000. This chapter may be cited as the County Peace Officer and Fire Service Retirement Plan Law. (Added by Stats. 1949, Ch. 1479.)
  69. 33001.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    This section states that counties may adopt retirement, disability, and death benefit plans for certain public service officers and employees exposed to more than ordinary 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33001. It is the intent of this chapter to enable any county to adopt such a retirement, disability and death benefit plan as may be determined upon by the board of supervisors or qualified electors thereof for those officers and employees in the public service whose duties expose them to more than ordinary risks, and in recognition of a public obligation to such officers and employees and to provide a means whereby such officers and employees who become incapacitated in the performance of their duties by injury, sickness, or age, may, without hardship or prejudice, be replaced by more capable officers and employees to the betterment of the public service, and whereby the surviving spouse, or minor children, or dependent parents of any such officer or employee may be provided for upon his death. (Added by Stats. 1949, Ch. 1479.)
  70. 33002.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    This chapter and plans adopted under it must be interpreted liberally to carry out their purposes.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33002. This chapter and every retirement, disability and death benefit plan adopted pursuant to its terms, shall be given a liberal interpretation with a view to carrying out its purposes. (Added by Stats. 1949, Ch. 1479.)
  71. 33003.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    This section defines who counts as county peace officers, county foresters/fire wardens/firemen, city police officers, and city firemen 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33003. For the purposes of this chapter, the following words and phrases shall have the meaning ascribed to them in this section, unless a different meaning is clearly indicated by the context: “County peace officers” shall comprehend and include all persons duly and regularly appointed under civil service rules and regulations and sworn in as provided by law to perform the duties of undersheriff, chief deputy sheriff, jailers, turnkeys, deputy sheriffs, bailiffs, process servers, constables, deputy constables, motorcycle officers, the head and assistant heads of all divisions of the sheriff’s office, and all their regularly appointed deputies, detectives and investigators in the office of the district attorney whose duties are substantially similar to those of peace officers and marshals and deputy marshals. Clerks, bookkeepers, stenographers, and other employees who may have been appointed as deputy sheriffs or deputy marshals but who do not perform the duties of any of the peace officers enumerated and honorary deputy sheriffs or deputy marshals or other persons holding appointments as deputy sheriffs or deputy marshals who receive no compensation therefor and who do not regularly perform particular official duties are not included. The duly elected, qualified and acting sheriff of any county shall also be included in the phrase “county peace officers.” “County foresters, fire wardens and firemen” shall comprehend and include all persons duly and regularly appointed under civil service rules and regulations to perform the duties of county forester, deputy or assistant county fire wardens, heads and assistant heads of all divisions of any county forester’s or county fire warden’s department, and all fire apparatus engineers, fire prevention inspectors, forest firemen, fire patrolmen, fire observers and foremen assigned to fire suppression crews, and all other personnel not specifically excluded, who are assigned to fire prevention and suppression in any county forester’s or county fire warden’s department and the officers, engineers and firemen of any county fire protection district, and all other personnel not specifically excluded, who are assigned to fire prevention and suppression in any fire protection district. Clerks, bookkeepers, stenographers, cooks, laborers, county fire protection district volunteer employees or persons who are not employed for full time duty, or other employees not performing the duties of any of the persons enumerated and any honorary deputy county fire warden or honorary deputy, county forester, or voluntary fire warden holding appointment as such but receiving no compensation therefor and not regularly performing particular official duties are not included. “City police officers” shall comprehend and include all persons duly and regularly appointed under civil service rules and regulations and sworn in as provided by law to perform the duties of a regular police officer in the organized police department of a municipal corporation. “City firemen” shall comprehend and include all persons duly and regularly appointed under civil service rules and regulations to perform the duties of a regular fireman in the organized fire department of a municipal corporation. (Added by Stats. 1949, Ch. 1479.)
  72. 33004.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    A county may establish and maintain a retirement, disability, and death benefit plan for certain county public safety employees, if done by ordinance and approved by the required 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33004. Subject only to the limitations of this chapter, any county may, by ordinance adopted by a four-fifths (4/5) vote of the board of supervisors, or by a majority vote of the qualified electors of said county, establish and maintain a retirement, disability and death benefit plan for county peace officers, foresters, fire wardens, and firemen. (Added by Stats. 1949, Ch. 1479.)
  73. 33005.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    A retirement plan under this chapter must be controlled by a board of administration, with 3 to 7 members, and the county treasurer is automatically a member.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33005. Any retirement plan established pursuant to this chapter shall be under the exclusive control and management of a “board of administration” to be composed of not less than three (3) nor more than seven (7) members. The members of said board shall be chosen in such manner, shall serve for such terms and receive such compensation as may be provided in the ordinance creating the retirement plan. The county treasurer shall be ex officio a member of said board. (Added by Stats. 1949, Ch. 1479.)
  74. 33006.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    If a county establishes a retirement plan under this chapter, it must create a county trust fund for retirement-related payments and related expenses.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33006. When any county establishes a retirement plan under the provisions of this chapter, there shall be created in the treasury of the county and opened upon the books of the auditor and treasurer of the county, a trust fund to be known as the “peace officers and fire service retirement fund” for the payment of administration expense and retirement, disability and death benefit allowances. Said fund shall consist of all moneys paid into said fund in accordance with the provisions of this chapter and of the ordinance creating the retirement plan and earnings from investments. The board of administration shall have exclusive control of the administration, investment and reinvestment of said fund, provided, however, that all money in said fund shall be kept on deposit in the county treasury or be invested in bonds or other securities authorized by the laws of the State of California as legal investments for savings banks. Such bonds or securities shall be placed in the custody of the county treasurer for safekeeping. (Added by Stats. 1949, Ch. 1479.)
  75. 33007.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    Transfers, payments, withdrawals, and cash transactions involving the fund must be accounted for in the auditor’s and treasurer’s books.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33007. All transfers or payments to said fund and all withdrawals and cash transactions shall be accounted for upon the books of the auditor and treasurer. (Added by Stats. 1949, Ch. 1479.)
  76. 33008.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    Warrants drawn on the fund must be ordered by the board of administration, signed by the treasurer and one other designated board member, and countersigned, numbered, and recorded by the county auditor.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33008. All warrants drawn on said fund shall be on order of the board of administration and shall be signed by the treasurer and at least one other member of the board who shall be designated by the board. Every warrant shall be countersigned, numbered and recorded by the county auditor. (Added by Stats. 1949, Ch. 1479.)
  77. 33009.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    A retirement plan created under this chapter replaces any existing county peace officer or fire service 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 3. RETIREMENT SYSTEMS [31200 - 33017] ( Part 3 added by Stats. 1947, Ch. 424. ) ## CHAPTER 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33009. Any retirement plan established pursuant to the provisions of this chapter, shall supersede any existing retirement system for county peace officers or county foresters, fire wardens and firemen, and all money, property and investments standing to the credit of the fund of the superseded system shall be transferred to the county peace officers and fire service retirement fund created by this chapter, whether such money and investments were derived from member contributions, county contributions, earnings, accumulations or profits from investments, or otherwise. (Added by Stats. 1949, Ch. 1479.)
  78. 3301.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

    Verify source ↗

    This section defines “public safety officer” for this chapter and says the chapter applies to all such officers throughout California.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3301. For purposes of this chapter, the term public safety officer means all peace officers specified in Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except subdivision (c), 830.36, 830.37, 830.38, 830.4, and 830.5 of the Penal Code. The Legislature hereby finds and declares that the rights and protections provided to peace officers under this chapter constitute a matter of statewide concern. The Legislature further finds and declares that effective law enforcement depends upon the maintenance of stable employer-employee relations, between public safety employees and their employers. In order to assure that stable relations are continued throughout the state and to further assure that effective services are provided to all people of the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this section, wherever situated within the State of California. (Amended by Stats. 1990, Ch. 675, Sec. 1.)
  79. 33010.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    If a new retirement plan replaces an existing system, the new plan must keep current members in the system with full service credit and continue pensions and related benefits at no less than the prior amounts.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33010. In the event a retirement plan adopted pursuant to the authority of this chapter supersedes an existing system as hereinbefore provided, then, and in that event, the plan adopted under this chapter shall provide for the continued membership, with full service credit, of all persons who are members of the superseded system at the time such new plan becomes operative and for the continuation of all pensions, annuities, retirement allowances and death benefits to all pensioners, retired members and beneficiaries of the superseded system, in amounts not less than would have been payable to them under such superseded system. (Added by Stats. 1949, Ch. 1479.)
  80. 33011.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    A plan adopted under this chapter may include city police officers and city firemen from a municipal corporation that chooses to come under the plan.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33011. It shall be competent in any plan adopted under this chapter to provide for the inclusion therein, as members thereof, the city police officers and city firemen of any municipal corporation which elects to bring itself within the operation of such plan. (Added by Stats. 1949, Ch. 1479.)
  81. 33012.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    Any such inclusion must be made by ordinance, adopted either by a two-thirds vote of the municipal corporation’s legislative body or by a majority vote of the qualified electors.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33012. Any such inclusion shall be made by ordinance adopted by the affirmative vote of two-thirds of the members of the legislative body of such municipal corporation, or by a majority vote of the qualified electors thereof. (Added by Stats. 1949, Ch. 1479.)
  82. 33013.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

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    If a municipal corporation joins the county retirement plan for its city police officers and firemen, the city must pay the plan’s related retirement, disability, and death benefit costs, and administrative expenses must be shared each year with the county based on active membership.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33013. Whenever any municipal corporation elects to include its city police officers and city firemen in a county retirement plan pursuant to the provisions of this chapter, such city shall assume all cost and expense to the plan, arising out of all retirement, disability and death benefits payable, or to become payable to, or on account of its police officers and firemen to the same extent, in the same manner and at the same time or times as the county assumes and discharges its liabilities for the payment of retirement, disability and death benefits to county peace officers and county foresters, fire wardens and firemen, and administration expense shall be prorated each year between the county and any municipal corporation or corporations joining the county plan in the proportion that each of their active membership bears to the total active membership under the plan. (Added by Stats. 1949, Ch. 1479.)
  83. 33014.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    The board of administration of a retirement plan under this chapter must file a written statement with the board of supervisors each year.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33014. Not later than August 1st of each year, the board of administration of any retirement plan established under the provisions of this chapter, shall file with the board of supervisors a written statement showing the amounts necessary to be provided by the county during the current fiscal year for the maintenance of the peace officers and fire service retirement fund and administration expense. Such statement shall be filed with said board not less than thirty days prior to the time established by law for the annual levying of taxes in such county. (Added by Stats. 1949, Ch. 1479.)
  84. 33015.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    The board of supervisors must levy a special county tax each year, using the same timing and method as other county taxes, in an amount sufficient to match the retirement plan statement.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33015. The board of supervisors shall, each year at the same time and in the same manner as all other county taxes are levied, levy a special tax in such amount as will be clearly sufficient to produce the total amount shown in the statement filed with said board by the board of administration of the retirement plan. (Added by Stats. 1949, Ch. 1479.)
  85. 33016.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    If a municipal corporation is included in the plan, the board of administration must file a written statement with that municipal corporation’s legislative body no later than 30 days before the annual municipal tax levy date.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33016. In the event any municipal corporation has been included in said plan, as hereinbefore provided, then and in that event, said board of administration shall, not later than thirty days prior to the time established by law for the annual levying of municipal taxes, file with the legislative body of such municipal corporation a written statement showing the amounts necessary to be provided by such municipal corporation under said plan for the ensuing fiscal year. (Added by Stats. 1949, Ch. 1479.)
  86. 33017.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. )

    Verify source ↗

    The legislative body of the municipal corporation must levy a special tax each year, in the same way as other municipal taxes, in an amount sufficient to cover the retirement plan statement amount.

    ## 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 6. County Peace Officers and Fire Service Retirement, Disability and Death Benefit Plans [33000 - 33017] ( Chapter 6 added by Stats. 1949, Ch. 1479. ) ## 33017. The legislative body of the municipal corporation with whom such statement is filed shall, each year at the same time and in the same manner as all other municipal taxes are levied, levy a special tax in such amount as will be clearly sufficient to produce the total amount shown in the statement filed with said legislative body by the board of administration of the retirement plan. Such special tax shall be in addition to all other taxes authorized by law to be levied by said municipal corporation. (Added by Stats. 1949, Ch. 1479.)
  87. 3302.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    Public safety officers may engage in political activity, except where another law says otherwise or when they are on duty or in uniform. They also may not be barred from seeking election to or serving on a school district governing board.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3302. (a) Except as otherwise provided by law, or whenever on duty or in uniform, no public safety officer shall be prohibited from engaging, or be coerced or required to engage, in political activity. (b) No public safety officer shall be prohibited from seeking election to, or serving as a member of, the governing board of a school district. (Amended by Stats. 1978, Ch. 1173.)
  88. 3303.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    Public safety officers being interrogated in investigations that could lead to punitive action must be treated under specific procedural rules, including timing, notice, limits on interrogators, no offensive treatment, and representation rights.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3303. When any public safety officer is under investigation and subjected to interrogation by his or her commanding officer, or any other member of the employing public safety department, that could lead to punitive action, the interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. (a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the public safety officer is on duty, or during the normal waking hours for the public safety officer, unless the seriousness of the investigation requires otherwise. If the interrogation does occur during off-duty time of the public safety officer being interrogated, the public safety officer shall be compensated for any off-duty time in accordance with regular department procedures, and the public safety officer shall not be released from employment for any work missed. (b) The public safety officer under investigation shall be informed prior to the interrogation of the rank, name, and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. All questions directed to the public safety officer under interrogation shall be asked by and through no more than two interrogators at one time. (c) The public safety officer under investigation shall be informed of the nature of the investigation prior to any interrogation. (d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to his or her own personal physical necessities. (e) The public safety officer under interrogation shall not be subjected to offensive language or threatened with punitive action, except that an officer refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an inducement to answering any question. The employer shall not cause the public safety officer under interrogation to be subjected to visits by the press or news media without his or her express consent nor shall his or her home address or photograph be given to the press or news media without his or her express consent. (f) No statement made during interrogation by a public safety officer under duress, coercion, or threat of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to the following qualifications: (1) This subdivision shall not limit the use of statements made by a public safety officer when the employing public safety department is seeking civil sanctions against any public safety officer, including disciplinary action brought under Section 19572. (2) This subdivision shall not prevent the admissibility of statements made by the public safety officer under interrogation in any civil action, including administrative actions, brought by that public safety officer, or that officer’s exclusive representative, arising out of a disciplinary action. (3) This subdivision shall not prevent statements made by a public safety officer under interrogation from being used to impeach the testimony of that officer after an in camera review to determine whether the statements serve to impeach the testimony of the officer. (4) This subdivision shall not otherwise prevent the admissibility of statements made by a public safety officer under interrogation if that officer subsequently is deceased. (g) The complete interrogation of a public safety officer may be recorded. If a tape recording is made of the interrogation, the public safety officer shall have access to the tape if any further proceedings are contemplated or prior to any further interrogation at a subsequent time. The public safety officer shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports that are deemed to be confidential may be entered in the officer’s personnel file. The public safety officer being interrogated shall have the right to bring his or her own recording device and record any and all aspects of the interrogation. (h) If prior to or during the interrogation of a public safety officer it is deemed that he or she may be charged with a criminal offense, he or she shall be immediately informed of his or her constitutional rights. (i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters that are likely to result in punitive action against any public safety officer, that officer, at his or her request, shall have the right to be represented by a representative of his or her choice who may be present at all times during the interrogation. The representative shall not be a person subject to the same investigation. The representative shall not be required to disclose, nor be subject to any punitive action for refusing to disclose, any information received from the officer under investigation for noncriminal matters. This section shall not apply to any interrogation of a public safety officer in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other public safety officer, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities. (j) No public safety officer shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of his or her department would not normally be sent to that location or would not normally be given that duty assignment under similar circumstances. (Amended by Stats. 1994, Ch. 1259, Sec. 1. Effective January 1, 1995.)
  89. 3304.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    Public safety officers are protected from retaliation for lawful exercise of chapter rights or grievance rights, and agencies must give appeal rights and notice before certain discipline or removal.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3304. (a) No public safety officer shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this chapter, or the exercise of any rights under any existing administrative grievance procedure. Nothing in this section shall preclude a head of an agency from ordering a public safety officer to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge him or her with insubordination. (b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency against any public safety officer who has successfully completed the probationary period that may be required by his or her employing agency without providing the public safety officer with an opportunity for administrative appeal. (c) No chief of police may be removed by a public agency, or appointing authority, without providing the chief of police with written notice and the reason or reasons therefor and an opportunity for administrative appeal. For purposes of this subdivision, the removal of a chief of police by a public agency or appointing authority, for the purpose of implementing the goals or policies, or both, of the public agency or appointing authority, for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, shall be sufficient to constitute “reason or reasons.” Nothing in this subdivision shall be construed to create a property interest, where one does not exist by rule or law, in the job of Chief of Police. (d) (1) Except as provided in this subdivision and subdivision (g), no punitive action, nor denial of promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of misconduct if the investigation of the allegation is not completed within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct. This one-year limitation period shall apply only if the act, omission, or other misconduct occurred on or after January 1, 1998. In the event that the public agency determines that discipline may be taken, it shall complete its investigation and notify the public safety officer of its proposed discipline by a Letter of Intent or Notice of Adverse Action articulating the discipline that year, except as provided in paragraph (2). The public agency shall not be required to impose the discipline within that one-year period. (2) (A) If the act, omission, or other allegation of misconduct is also the subject of a criminal investigation or criminal prosecution, the time during which the criminal investigation or criminal prosecution is pending shall toll the one-year time period. (B) If the public safety officer waives the one-year time period in writing, the time period shall be tolled for the period of time specified in the written waiver. (C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for coordination of the involved agencies. (D) If the investigation involves more than one employee and requires a reasonable extension. (E) If the investigation involves an employee who is incapacitated or otherwise unavailable. (F) If the investigation involves a matter in civil litigation where the public safety officer is named as a party defendant, the one-year time period shall be tolled while that civil action is pending. (G) If the investigation involves a matter in criminal litigation where the complainant is a criminal defendant, the one-year time period shall be tolled during the period of that defendant’s criminal investigation and prosecution. (H) If the investigation involves an allegation of workers’ compensation fraud on the part of the public safety officer. (e) Where a predisciplinary response or grievance procedure is required or utilized, the time for this response or procedure shall not be governed or limited by this chapter. (f) If, after investigation and any predisciplinary response or procedure, the public agency decides to impose discipline, the public agency shall notify the public safety officer in writing of its decision to impose discipline, including the date that the discipline will be imposed, within 30 days of its decision, except if the public safety officer is unavailable for discipline. (g) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be reopened against a public safety officer if both of the following circumstances exist: (1) Significant new evidence has been discovered that is likely to affect the outcome of the investigation. (2) One of the following conditions exist: (A) The evidence could not reasonably have been discovered in the normal course of investigation without resorting to extraordinary measures by the agency. (B) The evidence resulted from the public safety officer’s predisciplinary response or procedure. (h) For those members listed in subdivision (a) of Section 830.2 of the Penal Code, the 30-day time period provided for in subdivision (f) shall not commence with the service of a preliminary notice of adverse action, should the public agency elect to provide the public safety officer with such a notice. (Amended by Stats. 2009, Ch. 494, Sec. 1. (AB 955) Effective January 1, 2010.)
  90. 3304.5.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    Administrative appeals by public safety officers must follow the local public agency’s adopted rules and procedures.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3304.5. An administrative appeal instituted by a public safety officer under this chapter shall be conducted in conformance with rules and procedures adopted by the local public agency. (Added by Stats. 1998, Ch. 263, Sec. 1. Effective January 1, 1999.)
  91. 3305.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    A public safety officer’s personnel file cannot include an adverse comment unless the officer first reads and signs the document, unless the officer refuses to sign after reading 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3305. No public safety officer shall have any comment adverse to his interest entered in his personnel file, or any other file used for any personnel purposes by his employer, without the public safety officer having first read and signed the instrument containing the adverse comment indicating he is aware of such comment, except that such entry may be made if after reading such instrument the public safety officer refuses to sign it. Should a public safety officer refuse to sign, that fact shall be noted on that document, and signed or initialed by such officer. (Added by Stats. 1976, Ch. 465.)
  92. 3305.5.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    Public agencies may not punish or deny promotion to a public safety officer solely because the officer is on a Brady list, and Brady-list evidence is generally barred in administrative appeals except in the limited case stated here.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3305.5. (a) A punitive action, or denial of promotion on grounds other than merit, shall not be undertaken by any public agency against any public safety officer solely because that officer’s name has been placed on a Brady list, or that the officer’s name may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83. (b) This section shall not prohibit a public agency from taking punitive action, denying promotion on grounds other than merit, or taking other personnel action against a public safety officer based on the underlying acts or omissions for which that officer’s name was placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, if the actions taken by the public agency otherwise conform to this chapter and to the rules and procedures adopted by the local agency. (c) Evidence that a public safety officer’s name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, shall not be introduced for any purpose in any administrative appeal of a punitive action, except as provided in subdivision (d). (d) Evidence that a public safety officer’s name was placed on a Brady list may only be introduced if, during the administrative appeal of a punitive action against an officer, the underlying act or omission for which that officer’s name was placed on a Brady list is proven and the officer is found to be subject to some form of punitive action. If the hearing officer or other administrative appeal tribunal finds or determines that a public safety officer has committed the underlying acts or omissions that will result in a punitive action, denial of a promotion on grounds other than merit, or any other adverse personnel action, and evidence exists that a public safety officer’s name has been placed on a Brady list, or may otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, then the evidence shall be introduced for the sole purpose of determining the type or level of punitive action to be imposed. (e) For purposes of this section, “Brady list” means any system, index, list, or other record containing the names of peace officers whose personnel files are likely to contain evidence of dishonesty or bias, which is maintained by a prosecutorial agency or office in accordance with the holding in Brady v. Maryland (1963) 373 U.S. 83. (Added by Stats. 2013, Ch. 779, Sec. 1. (SB 313) Effective January 1, 2014.)
  93. 3305.6.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    A public agency may not punish or deny promotion to a public safety officer because of a court finding under Penal Code Section 745, and that finding may not be used in an administrative 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3305.6. (a) A punitive action or denial of promotion on grounds other than merit shall not be undertaken by any public agency against any public safety officer because of a court finding made in a challenge brought pursuant to Section 745 of the Penal Code. (b) This section does not prohibit a public agency from taking punitive action, denying promotion on grounds other than merit, or taking other personnel action against a public safety officer based on the underlying acts or omissions which formed the basis of the action brought pursuant to Section 745 of the Penal Code, if the actions taken by the public agency otherwise conform to all the rules and procedures applicable to those proceedings, and the officer is accorded all due process protections provided in those proceedings. (c) Evidence of a court finding of a violation of Section 745 of the Penal Code shall not be introduced for any purpose in any administrative appeal of a punitive action. (d) This section does not grant immunity for civil or criminal liability for the underlying acts or omissions which formed the basis of the action brought under Section 745 of the Penal Code. (Added by Stats. 2025, Ch. 784, Sec. 1. (SB 734) Effective January 1, 2026.)
  94. 3306.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    A public safety officer may file a written response to an adverse comment in the personnel file within 30 days, and that response must be attached to and accompany the comment.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3306. A public safety officer shall have 30 days within which to file a written response to any adverse comment entered in his personnel file. Such written response shall be attached to, and shall accompany, the adverse comment. (Added by Stats. 1976, Ch. 465.)
  95. 3306.5.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    Employers must let public safety officers inspect certain personnel files, keep those files or copies, and respond to correction requests 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3306.5. (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a public safety officer, during usual business hours, with no loss of compensation to the officer, permit that officer to inspect personnel files that are used or have been used to determine that officer’s qualifications for employment, promotion, additional compensation, or termination or other disciplinary action. (b) Each employer shall keep each public safety officer’s personnel file or a true and correct copy thereof , and shall make the file or copy thereof available within a reasonable period of time after a request therefor by the officer. (c) If, after examination of the officer’s personnel file, the officer believes that any portion of the material is mistakenly or unlawfully placed in the file, the officer may request, in writing, that the mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision shall include a statement by the officer describing the corrections or deletions from the personnel file requested and the reasons supporting those corrections or deletions. A statement submitted pursuant to this subdivision shall become part of the personnel file of the officer. (d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), the employer shall either grant the officer’s request or notify the officer of the decision to refuse to grant the request. If the employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons for refusing the request, and that written statement shall become part of the personnel file of the officer. (Added by Stats. 2000, Ch. 209, Sec. 1. Effective January 1, 2001.)
  96. 3307.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    Public safety officers cannot be forced to take a lie detector test, and refusals or test-related evidence cannot be used against them as described here.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3307. (a) No public safety officer shall be compelled to submit to a lie detector test against his or her will. No disciplinary action or other recrimination shall be taken against a public safety officer refusing to submit to a lie detector test, nor shall any comment be entered anywhere in the investigator’s notes or anywhere else that the public safety officer refused to take, or did not take, a lie detector test, nor shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or administrative, to the effect that the public safety officer refused to take, or was subjected to, a lie detector test. (b) For the purpose of this section, “lie detector” means a polygraph, deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical, that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion regarding the honesty or dishonesty of an individual. (Amended by Stats. 1998, Ch. 112, Sec. 1. Effective January 1, 1999.)
  97. 3307.5.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    Public safety officers can refuse Internet use of their photograph or identity when they reasonably fear harm, can tell the agency to stop, and may seek an injunction; courts may impose a civil penalty up to $500 per day starting two working days after notice.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3307.5. (a) No public safety officer shall be required as a condition of employment by his or her employing public safety department or other public agency to consent to the use of his or her photograph or identity as a public safety officer on the Internet for any purpose if that officer reasonably believes that the disclosure may result in a threat, harassment, intimidation, or harm to that officer or his or her family. (b) Based upon his or her reasonable belief that the disclosure of his or her photograph or identity as a public safety officer on the Internet as described in subdivision (a) may result in a threat, harassment, intimidation, or harm, the officer may notify the department or other public agency to cease and desist from that disclosure. After the notification to cease and desist, the officer, a district attorney, or a United States Attorney may seek an injunction prohibiting any official or unofficial use by the department or other public agency on the Internet of his or her photograph or identity as a public safety officer. The court may impose a civil penalty in an amount not to exceed five hundred dollars ($500) per day commencing two working days after the date of receipt of the notification to cease and desist. (Added by Stats. 1999, Ch. 338, Sec. 1. Effective January 1, 2000.)
  98. 3308.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    A public safety officer cannot be required or asked to disclose personal financial information for job assignment or other personnel actions, except in listed situations.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3308. No public safety officer shall be required or requested for purposes of job assignment or other personnel action to disclose any item of his property, income, assets, source of income, debts or personal or domestic expenditures (including those of any member of his family or household) unless such information is obtained or required under state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of his official duties, or is necessary for the employing agency to ascertain the desirability of assigning the public safety officer to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. (Added by Stats. 1976, Ch. 465.)
  99. 3309.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    A public safety officer’s locker or assigned storage space may be searched only if the officer is present, consents, a valid warrant is obtained, or the officer has been notified of the search.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3309. No public safety officer shall have his locker, or other space for storage that may be assigned to him searched except in his presence, or with his consent, or unless a valid search warrant has been obtained or where he has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency. (Added by Stats. 1976, Ch. 465.)
  100. 3309.5.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    Public safety departments may not deny public safety officers the rights and protections in this chapter, and the superior court can grant relief and impose liability when violations are found.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3309.5. (a) It shall be unlawful for any public safety department to deny or refuse to any public safety officer the rights and protections guaranteed to him or her by this chapter. (b) Nothing in subdivision (h) of Section 11181 shall be construed to affect the rights and protections afforded to state public safety officers under this chapter or under Section 832.5 of the Penal Code. (c) The superior court shall have initial jurisdiction over any proceeding brought by any public safety officer against any public safety department for alleged violations of this chapter. (d) (1) In any case where the superior court finds that a public safety department has violated any of the provisions of this chapter, the court shall render appropriate injunctive or other extraordinary relief to remedy the violation and to prevent future violations of a like or similar nature, including, but not limited to, the granting of a temporary restraining order, preliminary injunction, or permanent injunction prohibiting the public safety department from taking any punitive action against the public safety officer. (2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been brought pursuant to this chapter, the court may order sanctions against the party filing the action, the party’s attorney, or both, pursuant to Sections 128.6 and 128.7 of the Code of Civil Procedure. Those sanctions may include, but not be limited to, reasonable expenses, including attorney’s fees, incurred by a public safety department as the court deems appropriate. Nothing in this paragraph is intended to subject actions or filings under this section to rules or standards that are different from those applicable to other civil actions or filings subject to Section 128.6 or 128.7 of the Code of Civil Procedure. (e) In addition to the extraordinary relief afforded by this chapter, upon a finding by a superior court that a public safety department, its employees, agents, or assigns, with respect to acts taken within the scope of employment, maliciously violated any provision of this chapter with the intent to injure the public safety officer, the public safety department shall, for each and every violation, be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the public safety officer whose right or protection was denied and for reasonable attorney’s fees as may be determined by the court. If the court so finds, and there is sufficient evidence to establish actual damages suffered by the officer whose right or protection was denied, the public safety department shall also be liable for the amount of the actual damages. Notwithstanding these provisions, a public safety department may not be required to indemnify a contractor for the contractor’s liability pursuant to this subdivision if there is, within the contract between the public safety department and the contractor, a “hold harmless” or similar provision that protects the public safety department from liability for the actions of the contractor. An individual shall not be liable for any act for which a public safety department is liable under this section. (Amended by Stats. 2005, Ch. 22, Sec. 70. Effective January 1, 2006.)
  101. 3310.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    A public agency that adopts, through its governing body or official designee, a procedure giving peace officers at least the same rights or protections as this chapter is not subject to this chapter for that procedure.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3310. Any public agency which has adopted, through action of its governing body or its official designee, any procedure which at a minimum provides to peace officers the same rights or protections as provided pursuant to this chapter shall not be subject to this chapter with regard to such a procedure. (Added by Stats. 1976, Ch. 465.)
  102. 3311.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    This section says the chapter must not be read to restrict mutual aid agreements or necessary or desirable jurisdictional and interagency cooperation involving public safety agencies or 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3311. Nothing in this chapter shall in any way be construed to limit the use of any public safety agency or any public safety officer in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this chapter be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is deemed necessary or desirable by the jurisdictions or the agencies involved. (Amended by Stats. 1977, Ch. 579.)
  103. 3312.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    An employer of a public safety officer generally may not punish an officer for wearing a pin or displaying another item with the American flag, unless the employer first gives written notice with the required statements and citation.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3312. Notwithstanding any other provision of law, the employer of a public safety officer may not take any punitive action against an officer for wearing a pin or displaying any other item containing the American flag, unless the employer gives the officer written notice that includes all of the following: (a) A statement that the officer’s pin or other item violates an existing rule, regulation, policy, or local agency agreement or contract regarding the wearing of a pin, or the displaying of any other item, containing the American flag. (b) A citation to the specific rule, regulation, policy, or local agency agreement or contract that the pin or other item violates. (c) A statement that the officer may file an appeal against the employer challenging the alleged violation pursuant to applicable grievance or appeal procedures adopted by the department or public agency that otherwise comply with existing law. (Added by Stats. 2002, Ch. 170, Sec. 2. Effective January 1, 2003.)
  104. 3313.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )

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    The Commission on State Mandates must review and, if needed, revise its statement of decision on the Peace Officer Procedural Bill of Rights test claim during the 2005–06 fiscal year.

    ## 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 9.7. Public Safety Officers [3300 - 3313] ( Chapter 9.7 added by Stats. 1976, Ch. 465. ) ## 3313. In the 2005–06 fiscal year, the Commission on State Mandates shall review its statement of decision regarding the Peace Officer Procedural Bill of Rights test claim and make any modifications necessary to this decision to clarify whether the subject legislation imposed a mandate consistent with the California Supreme Court Decision in San Diego Unified School Dist. v. Commission on State Mandates (2004) 33 Cal.4th 859 and other applicable court decisions. If the Commission on State Mandates revises its statement of decision regarding the Peace Officer Procedural Bill of Rights test claim, the revised decision shall apply to local government Peace Officer Procedural Bill of Rights activities occurring after the date the revised decision is adopted. (Added by Stats. 2005, Ch. 72, Sec. 6. Effective July 19, 2005.)
  105. 33200.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 5. ORGANIZATION OF COUNTY HEALTH AND HUMAN SERVICES [33200 - 33205] ( Division 5 added by Stats. 1992, Ch. 340, Sec. 1. ) ## CHAPTER 1. Organization [33200 - 33205] ( Chapter 1 added by Stats. 1992, Ch. 340, Sec. 1. )

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    A county board of supervisors may, by ordinance or charter, organize county health and human services into departments and may rework county office and departmental functions.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 5. ORGANIZATION OF COUNTY HEALTH AND HUMAN SERVICES [33200 - 33205] ( Division 5 added by Stats. 1992, Ch. 340, Sec. 1. ) ## CHAPTER 1. Organization [33200 - 33205] ( Chapter 1 added by Stats. 1992, Ch. 340, Sec. 1. ) ## 33200. Notwithstanding Sections 24300 and 24304, the board of supervisors of any county may organize, pursuant to ordinance or charter, the delivery of health and human services for which county government is responsible under state law into departments that provide human assistance, human services, and medical systems. Any county board of supervisors which elects to so organize the delivery of health and human services may consolidate, integrate, and separate duties and functions of county offices, and organizational units within departments, to the extent deemed necessary by the board of supervisors, consistent with the provisions of this division. (Added by Stats. 1992, Ch. 340, Sec. 1. Effective July 24, 1992.)
  106. 33201.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 5. ORGANIZATION OF COUNTY HEALTH AND HUMAN SERVICES [33200 - 33205] ( Division 5 added by Stats. 1992, Ch. 340, Sec. 1. ) ## CHAPTER 1. Organization [33200 - 33205] ( Chapter 1 added by Stats. 1992, Ch. 340, Sec. 1. )

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    County health-related personnel must meet specified qualifications, and the board of supervisors must ensure nursing practice decisions are made by a qualified registered nurse/public health nurse.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 5. ORGANIZATION OF COUNTY HEALTH AND HUMAN SERVICES [33200 - 33205] ( Division 5 added by Stats. 1992, Ch. 340, Sec. 1. ) ## CHAPTER 1. Organization [33200 - 33205] ( Chapter 1 added by Stats. 1992, Ch. 340, Sec. 1. ) ## 33201. All personnel, including the heads of units, within departments organized pursuant to this division and formed from units formerly within the county health, mental health, or welfare departments, shall possess the particular qualifications required by the Health and Safety Code or the Welfare and Institutions Code or the regulations enacted pursuant to either of those codes. The county health department itself or the health related functions of the departments organized pursuant to this division may be under the direction of the health officer, or the board of supervisors may appoint personnel who possess qualifications, including standards of education and experience to assure competence, appropriate for the direction of the health department or the local administration of county health functions. The board of supervisors shall ensure that the final determination regarding issues of professional nursing practice shall be made by a person who is licensed as a registered nurse and certified as a public health nurse. (Added by Stats. 1992, Ch. 340, Sec. 1. Effective July 24, 1992.)
  107. 33202.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 5. ORGANIZATION OF COUNTY HEALTH AND HUMAN SERVICES [33200 - 33205] ( Division 5 added by Stats. 1992, Ch. 340, Sec. 1. ) ## CHAPTER 1. Organization [33200 - 33205] ( Chapter 1 added by Stats. 1992, Ch. 340, Sec. 1. )

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    If county health functions are not directed by the health officer, the county board of supervisors must make sure the health officer has enough authority and resources and that the organization does not block the officer’s duties.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 5. ORGANIZATION OF COUNTY HEALTH AND HUMAN SERVICES [33200 - 33205] ( Division 5 added by Stats. 1992, Ch. 340, Sec. 1. ) ## CHAPTER 1. Organization [33200 - 33205] ( Chapter 1 added by Stats. 1992, Ch. 340, Sec. 1. ) ## 33202. If the county health department or the administration of county health functions are not under the direction of the health officer, the county board of supervisors shall ensure that the health officer has sufficient authority and resources and the organizational structure does not impede the health officer from carrying out the duties required under Section 100575 of, Chapter 1 (commencing with Section 101000) of Part 3 of Division 101 of, Article 1 (commencing with Section 101025) of Chapter 2 of Part 3 of Division 101 of, Chapter 2 (commencing with Section 123150) of Part 1 of Division 106 of, and Sections 123740 and 123745 of, the Health and Safety Code. (Amended by Stats. 1996, Ch. 1023, Sec. 98. Effective September 29, 1996.)
  108. 33203.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 5. ORGANIZATION OF COUNTY HEALTH AND HUMAN SERVICES [33200 - 33205] ( Division 5 added by Stats. 1992, Ch. 340, Sec. 1. ) ## CHAPTER 1. Organization [33200 - 33205] ( Chapter 1 added by Stats. 1992, Ch. 340, Sec. 1. )

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    An occupant of a consolidated, integrated, or separated office may not practice a profession or trade that requires a license, permit, or registration unless they have that authorization.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 5. ORGANIZATION OF COUNTY HEALTH AND HUMAN SERVICES [33200 - 33205] ( Division 5 added by Stats. 1992, Ch. 340, Sec. 1. ) ## CHAPTER 1. Organization [33200 - 33205] ( Chapter 1 added by Stats. 1992, Ch. 340, Sec. 1. ) ## 33203. This chapter does not permit the occupant of a consolidated, integrated, or separated office to practice any profession or trade for the practice of which a license, permit, or registration is required without a license, permit, or registration. (Added by Stats. 1992, Ch. 340, Sec. 1. Effective July 24, 1992.)
  109. 33204.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 5. ORGANIZATION OF COUNTY HEALTH AND HUMAN SERVICES [33200 - 33205] ( Division 5 added by Stats. 1992, Ch. 340, Sec. 1. ) ## CHAPTER 1. Organization [33200 - 33205] ( Chapter 1 added by Stats. 1992, Ch. 340, Sec. 1. )

    Verify source ↗

    This section says the division should not be read to change other laws or regulations covering county health, mental health, or welfare programs, except for the organizational requirements in Sections 33200 to 33202.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 5. ORGANIZATION OF COUNTY HEALTH AND HUMAN SERVICES [33200 - 33205] ( Division 5 added by Stats. 1992, Ch. 340, Sec. 1. ) ## CHAPTER 1. Organization [33200 - 33205] ( Chapter 1 added by Stats. 1992, Ch. 340, Sec. 1. ) ## 33204. This division shall not be construed to affect any other statutory or regulatory provision governing county health, mental health, or welfare programs, however reorganized or renamed, except for the organizational requirements specified in Sections 33200 to 33202, inclusive. (Added by Stats. 1992, Ch. 340, Sec. 1. Effective July 24, 1992.)
  110. 33205.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 5. ORGANIZATION OF COUNTY HEALTH AND HUMAN SERVICES [33200 - 33205] ( Division 5 added by Stats. 1992, Ch. 340, Sec. 1. ) ## CHAPTER 1. Organization [33200 - 33205] ( Chapter 1 added by Stats. 1992, Ch. 340, Sec. 1. )

    Verify source ↗

    This section says the division does not change certain fiscal and reimbursement provisions for mental health, health services, and social services subaccounts.

    ## Government Code - GOV ## TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205] ( Title 3 added by Stats. 1947, Ch. 424. ) ## DIVISION 5. ORGANIZATION OF COUNTY HEALTH AND HUMAN SERVICES [33200 - 33205] ( Division 5 added by Stats. 1992, Ch. 340, Sec. 1. ) ## CHAPTER 1. Organization [33200 - 33205] ( Chapter 1 added by Stats. 1992, Ch. 340, Sec. 1. ) ## 33205. Nothing in this division is intended to change the fiscal and reimbursement provisions for subaccounts for mental health, health services, and social services enacted by Chapter 89 of the Statutes of 1991. (Added by Stats. 1992, Ch. 340, Sec. 1. Effective July 24, 1992.)
  111. 3400.

    ## 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 9.8. Public Safety Officer Medal of Valor Act [3400 - 3403] ( Chapter 9.8 added by Stats. 2002, Ch. 226, Sec. 1. )

    Verify source ↗

    This chapter is called the Public Safety Officer Medal of Valor Act, and it may be cited by that name.

    ## 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 9.8. Public Safety Officer Medal of Valor Act [3400 - 3403] ( Chapter 9.8 added by Stats. 2002, Ch. 226, Sec. 1. ) ## 3400. This chapter shall be known and may be cited as the Public Safety Officer Medal of Valor Act. (Added by Stats. 2002, Ch. 226, Sec. 1. Effective January 1, 2003.)
  112. 34000.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. Definitions [34000 - 34004] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    This section defines “legislative body” for this title as a city’s board of trustees, city council, or other governing body.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. Definitions [34000 - 34004] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 34000. As used in this title, “legislative body” means board of trustees, city council, or other governing body of a city. (Added by Stats. 1949, Ch. 79.)
  113. 34001.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. Definitions [34000 - 34004] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    This section defines “board of supervisors” for this title, unless another specific provision says otherwise.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. Definitions [34000 - 34004] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 34001. As used in this title, unless otherwise specifically provided, “board of supervisors” means the board of supervisors of the county within which the city or territory is situated. (Added by Stats. 1949, Ch. 79.)
  114. 34002.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. Definitions [34000 - 34004] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    In this title, “mayor” includes the president of the legislative body.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. Definitions [34000 - 34004] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 34002. As used in this title, “mayor” includes president of the legislative body. (Added by Stats. 1949, Ch. 79.)
  115. 34003.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. Definitions [34000 - 34004] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    Adopting this title does not change the organization of any city created or organized under a law that was repealed or replaced by this code.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. Definitions [34000 - 34004] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 34003. The adoption of this title does not affect the organization of any city created or organized pursuant to any law repealed or superseded by this code. (Added by Stats. 1949, Ch. 79.)
  116. 34004.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. Definitions [34000 - 34004] ( Article 1 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city’s governing body may, by ordinance, move a duty imposed on a municipal officer to another city officer who performs similar duties.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 1. Definitions [34000 - 34004] ( Article 1 added by Stats. 1949, Ch. 79. ) ## 34004. Where any duty is imposed upon a municipal officer by any law of this State or any rule or regulation adopted under the authority of any such law the governing body of a city may, by ordinance, impose such duty or a portion thereof upon such other officer of such city as is charged under the charter of that city, or by applicable general law with the performance of duties of the same character in that city. A copy of any such ordinance as adopted shall be filed with the state officer or agency which has charge of the matter to which such duty pertains. (Amended by Stats. 1957, Ch. 1893.)
  117. 3401.

    ## 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 9.8. Public Safety Officer Medal of Valor Act [3400 - 3403] ( Chapter 9.8 added by Stats. 2002, Ch. 226, Sec. 1. )

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    The Governor may annually award the Public Safety Medal of Valor to one or more public safety officers cited by the Attorney General for extraordinary valor.

    ## 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 9.8. Public Safety Officer Medal of Valor Act [3400 - 3403] ( Chapter 9.8 added by Stats. 2002, Ch. 226, Sec. 1. ) ## 3401. The Governor annually may award and present, in the name of the State of California, a Public Safety Medal of Valor of appropriate design, with ribbons and appurtenances, to one or more public safety officers cited by the Attorney General pursuant to Section 3402 for extraordinary valor above and beyond the call of duty. The medal shall be the highest state award for valor awarded to a public safety officer, which includes any person serving a public agency, with or without compensation, as a firefighter, an ocean lifeguard, a law enforcement officer, including a corrections or court officer or a civil defense officer, or an emergency services officer. (Amended by Stats. 2015, Ch. 329, Sec. 1. (AB 489) Effective January 1, 2016.)
  118. 3402.

    ## 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 9.8. Public Safety Officer Medal of Valor Act [3400 - 3403] ( Chapter 9.8 added by Stats. 2002, Ch. 226, Sec. 1. )

    Verify source ↗

    This section creates the Public Safety Medal of Valor Review Board and sets out how it is composed, how it operates, what it may do, and when it may not 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 9.8. Public Safety Officer Medal of Valor Act [3400 - 3403] ( Chapter 9.8 added by Stats. 2002, Ch. 226, Sec. 1. ) ## 3402. (a) There exists in state government the Public Safety Medal of Valor Review Board, whose purpose is to solicit and review applications for, and make recommendations to the Attorney General regarding, the Public Safety Medal of Valor. (b) The board shall be comprised of one representative selected by each of the following organizations: (1) The California Association of Highway Patrolmen. (2) The California Coalition of Law Enforcement Associations. (3) The California Correctional Peace Officers Association. (4) The California Peace Officers’ Association. (5) The California Police Chiefs’ Association. (6) The California Professional Firefighters. (7) The California State Firefighters’ Association. (8) The California State Sheriffs’ Association. (9) The California Statewide Law Enforcement Association. (10) The Peace Officers Research Association of California. (11) A group, selected by the board, that represents emergency medical technicians and paramedics. (12) The United States Lifesaving Association. (c) The board shall be chaired by a member elected by a majority vote of the members at the first official meeting of the board each year. The board shall meet at the call of the chair. Members shall serve without compensation or reimbursement for travel, per diem, or other expenses, and they shall minimize travel and expenses to the greatest extent possible. Any cost incurred by a member as a result of serving as a member shall not be paid by the state. (d) The board shall review the applications for the medal to determine which applicants, if any, to recommend to the Attorney General. The board may hear from witnesses and consider whatever information it considers advisable to carry out its duties. The board may secure directly from any state department, or other state or local agency, information as the board considers necessary to carry out its duties. Upon the request of the board, the head of a department or agency may furnish information to the board. The board shall not disclose any information that may compromise an ongoing law enforcement investigation or is otherwise required by law to be kept confidential. (e) Not more often than once each year, the board may present to the Attorney General the name or names of those persons, if any, it recommends as candidates for the medal. (f) The board may receive donations to pay for meeting and witness expenses. Witnesses requested to appear before the board may be paid no more than the fees paid to witnesses pursuant to the Code of Civil Procedure. The per diem and mileage allowance may be paid from funds donated to the board and shall not be paid by the state. If donated funds are not available to the board, the board shall not hold hearings or have witnesses. (Amended by Stats. 2015, Ch. 329, Sec. 2. (AB 489) Effective January 1, 2016.)
  119. 3403.

    ## 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 9.8. Public Safety Officer Medal of Valor Act [3400 - 3403] ( Chapter 9.8 added by Stats. 2002, Ch. 226, Sec. 1. )

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    The Attorney General must review medal candidates recommended by the Public Safety Medal of Valor Review Board, advise the Governor which candidates merit a citation, and pay for the medals using Department of Justice resources.

    ## 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 9.8. Public Safety Officer Medal of Valor Act [3400 - 3403] ( Chapter 9.8 added by Stats. 2002, Ch. 226, Sec. 1. ) ## 3403. (a) The Attorney General shall review the candidates recommended to him or her by the Public Safety Medal of Valor Review Board and advise the Governor which candidates, if any, merit the Attorney General’s citation for extraordinary valor above and beyond the call of duty. (b) The Attorney General shall pay for the production of the medals from existing resources within the Department of Justice. (Repealed and added by Stats. 2009, Ch. 553, Sec. 6. (SB 52) Effective January 1, 2010.)
  120. 34050.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Elections [34050- 34050.] ( Article 2 added by Stats. 1949, Ch. 79. )

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    Cities organized under Division 2 must hold elections under Chapter 3 of Division 9 of the Elections Code, unless another provision specifically says otherwise.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 2. Elections [34050- 34050.] ( Article 2 added by Stats. 1949, Ch. 79. ) ## 34050. Elections in cities organized pursuant to Division 2 (commencing with Section 34400), or its predecessors, shall be held pursuant to Chapter 3 (commencing with Section 9200) of Division 9 of the Elections Code, except as otherwise specifically provided. (Amended by Stats. 1994, Ch. 923, Sec. 62. Effective January 1, 1995.)
  121. 34080.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Affidavit of Completion [34080- 34080.] ( Article 3 added by Stats. 1949, Ch. 79. )

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    For a city name-change proceeding, the clerk must record an affidavit with the county recorder stating that legal requirements were met. The city may not take official actions that depend on that proceeding until the affidavit is recorded.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 3. Affidavit of Completion [34080- 34080.] ( Article 3 added by Stats. 1949, Ch. 79. ) ## 34080. The clerk of the legislative body conducting the proceeding shall record with the recorder of the county in which the city is located, an affidavit stating that all requirements of law pertaining to the proceeding have been complied with, if it relates to the change of name of a city. The city shall not perform any official act, the validity of which depends upon such proceedings, until the affidavit of completion has been recorded. (Amended by Stats. 1978, Ch. 76.)
  122. 34090.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. )

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    A city department head may destroy certain city records only with required approvals and only after they are no longer needed.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. ) ## 34090. Unless otherwise provided by law, with the approval of the legislative body by resolution and the written consent of the city attorney, the head of a city department may destroy any city record, document, instrument, book, or paper, under the department head’s charge, without making a copy thereof, after the same is no longer required. This section does not authorize the destruction of: (a) Records affecting the title to real property or liens thereon. (b) Court records. (c) Records required to be kept by statute. (d) Records less than two years old. (e) The minutes, ordinances, or resolutions of the legislative body or of a city board or commission. This section shall not be construed as limiting or qualifying in any manner the authority provided in Section 34090.5 for the destruction of records, documents, instruments, books, and papers in accordance with the procedure therein prescribed. (Amended by Stats. 2018, Ch. 467, Sec. 15. (SB 1498) Effective January 1, 2019.)
  123. 34090.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. )

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    A city officer with custody of public records may destroy records without legislative-body approval or written consent of the city attorney if the section’s reproduction and preservation conditions are met.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. ) ## 34090.5. Notwithstanding the provisions of Section 34090, the city officer having custody of public records, documents, instruments, books, and papers, may, without the approval of the legislative body or the written consent of the city attorney, cause to be destroyed any or all of the records, documents, instruments, books, and papers, if all of the following conditions are complied with: (a) The record, paper, or document is photographed, microphotographed, reproduced by electronically recorded video images on magnetic surfaces, recorded in the electronic data processing system, recorded on optical disk, reproduced on film or any other medium that is a trusted system and that does not permit additions, deletions, or changes to the original document, or reproduced on film, optical disk, or any other medium in compliance with Section 12168.7 for recording of permanent records or nonpermanent records. (b) The device used to reproduce the record, paper, or document on film, optical disk, or any other medium is one which accurately and legibly reproduces the original thereof in all details and that does not permit additions, deletions, or changes to the original document images. (c) The photographs, microphotographs, or other reproductions on film, optical disk, or any other medium are made as accessible for public reference as the original records were. (d) A true copy of archival quality of the film, optical disk, or any other medium reproductions shall be kept in a safe and separate place for security purposes. However, no page of any record, paper, or document shall be destroyed if any page cannot be reproduced on film with full legibility. Every unreproducible page shall be permanently preserved in a manner that will afford easy reference. For the purposes of this section, every reproduction shall be deemed to be an original record and a transcript, exemplification, or certified copy of any reproduction shall be deemed to be a transcript, exemplification, or certified copy, as the case may be, of the original. (Amended by Stats. 2000, Ch. 569, Sec. 8. Effective January 1, 2001.)
  124. 34090.6.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. )

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    A city department head may destroy certain recordings after set waiting periods, but only with legislative body approval and the agency attorney’s written consent, and must keep them if they are evidence in a claim or pending litigation.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. ) ## 34090.6. (a) Notwithstanding the provisions of Section 34090, the head of a department of a city or city and county, after one year, may destroy recordings of routine video monitoring, and after 100 days may destroy recordings of telephone and radio communications maintained by the department. This destruction shall be approved by the legislative body and the written consent of the agency attorney shall be obtained. In the event that the recordings are evidence in any claim filed or any pending litigation, they shall be preserved until pending litigation is resolved. (b) For purposes of this section, “recordings of telephone and radio communications” means the routine daily recording of telephone communications to and from a city, city and county, or department, and all radio communications relating to the operations of the departments. (c) For purposes of this section, “routine video monitoring” means video recording by a video or electronic imaging system designed to record the regular and ongoing operations of the departments described in subdivision (a), including mobile in-car video systems, jail observation and monitoring systems, and building security recording systems. (d) For purposes of this section, “department” includes a public safety communications center operated by the city or city and county. (Amended by Stats. 2009, Ch. 88, Sec. 50. (AB 176) Effective January 1, 2010.)
  125. 34090.7.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. )

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    A city legislative body may set a procedure allowing certain duplicate city records under two years old to be destroyed if they are no longer needed, but video recordings must be kept at least 90 days after the recorded event.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. ) ## 34090.7. Notwithstanding the provisions of Section 34090, the legislative body of a city may prescribe a procedure whereby duplicates of city records less than two years old may be destroyed if they are no longer required. For purposes of this section, video recording media, including recordings of “routine video monitoring” pursuant to Section 34090.6, shall be considered duplicate records if the city keeps another record, such as written minutes or an audio recording, of the event that is recorded in the video medium. However, a video recording medium shall not be destroyed or erased pursuant to this section for a period of at least 90 days after occurrence of the event recorded thereon. (Amended by Stats. 2009, Ch. 88, Sec. 51. (AB 176) Effective January 1, 2010.)
  126. 34090.8.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city or city-and-county transit agency installing new security systems must buy and install equipment that can store recorded images for at least one year, unless specified feasibility conditions apply. Transit-system recordings must generally be kept for one year, with longer preservation required for claims, litigation, incident reports, or older/preexisting systems or systems meeting subdivision (a).

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. ) ## 34090.8. (a) When installing new security systems, a transit agency operated by a city or city and county shall only purchase and install equipment capable of storing recorded images for at least one year, unless all of the following conditions apply: (1) The transit agency has made a diligent effort to identify a security system that is capable of storing recorded data for one year. (2) The transit agency determines that the technology to store recorded data in an economically and technologically feasible manner for one year is not available. (3) The transit agency purchases and installs the best available technology with respect to storage capacity that is both economically and technologically feasible at that time. (b) Notwithstanding any other provision of law, video recordings or other recordings made by security systems operated as part of a public transit system shall be retained for one year, unless one of the following conditions applies: (1) The video recordings or other recordings are evidence in any claim filed or any pending litigation, in which case the video recordings or other recordings shall be preserved until the claim or the pending litigation is resolved. (2) The video recordings or other recordings recorded an event that was or is the subject of an incident report, in which case the video recordings or other recordings shall be preserved until the incident is resolved. (3) The transit agency utilizes a security system that was purchased or installed prior to January 1, 2004, or that meets the requirements of subdivision (a), in which case the video recordings or other recordings shall be preserved for as long as the installed technology allows. (Amended by Stats. 2009, Ch. 88, Sec. 52. (AB 176) Effective January 1, 2010.)
  127. 34091.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    If the legislative body authorizes it, actual and necessary expenses for drafting a new city charter are city charges, and the legislative body may appropriate money for those expenses.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. ) ## 34091. If authorized by the legislative body, all actual and necessary expenses incurred in the drafting of a new city charter are city charges. The legislative body may make appropriations for such expenses. (Added by Stats. 1949, Ch. 79.)
  128. 34091.1.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    The legislative body may adopt a resolution to name or rename a city street when it finds that a name should be adopted, applied, or changed.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. ) ## 34091.1. Whenever the legislative body finds that a name should be adopted and applied to any city street, or that the existing name of any city street should be changed, the legislative body may adopt a resolution designating a name for, or change the name of, such street. (Added by Stats. 1957, Ch. 686.)
  129. 34092.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    When a city or other authority changes a street, boulevard, park, place, or house number name, the city clerk must promptly send a copy of the related resolution, order, or other instrument to the county board of supervisors.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. ) ## 34092. Whenever the name of any street, boulevard, park, or place is adopted, established or changed, or any house numbers have been changed on any street, boulevard, park or place, by any city or other authority, the city clerk shall promptly forward a copy of the resolution, order, or other instrument providing for such new name or change of name or house number to the board of supervisors of the county within which such city is situated. (Amended by Stats. 1955, Ch. 749.)
  130. 34093.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    This section defines “petition” and makes it a crime to misrepresent petition contents or circulate a petition knowing it has false, forged, or fictitious signatures.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. ) ## 34093. As used in this section, “petition” means any petition prescribed, by statute or city charter, as a necessary prerequisite to the institution of proceedings by the city, and includes, but is not limited to, initiative petitions, referendum petitions, recall petitions, petitions pertaining to the annexation of territory to a city, the consolidation of cities, or the dissolution of a city, and petitions to institute proceedings under an improvement act. Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both a fine and imprisonment, who, circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any petition, willfully misrepresents or willfully makes any false statement concerning the contents, purport, or effect of the petition to any person who signs, or who desires to sign, or who is requested to sign, or who makes inquiries with reference to it, or to whom it is presented for a signature. Every person is punishable by a fine not exceeding five hundred dollars ($500), or by imprisonment in the county jail not exceeding six months, or by both a fine and imprisonment, who circulates or causes to be circulated any petition knowing it to contain false, forged, or fictitious names. (Amended by Stats. 2018, Ch. 467, Sec. 16. (SB 1498) Effective January 1, 2019.)
  131. 34095.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    A city legislative body must not give service credit or pay contributions for unperformed service to an elective officer, but the officer may choose to buy credit by paying their own contributions under the retirement system rules.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. General [34000 - 34095] ( Chapter 1 added by Stats. 1949, Ch. 79. ) ## ARTICLE 4. Miscellaneous [34090 - 34095] ( Article 4 added by Stats. 1949, Ch. 79. ) ## 34095. (a) Notwithstanding any other provision of law: (1) The legislative body of a city shall not grant credit for service to an elective officer for service that the elective officer has not performed. (2) The legislative body of a city shall not pay contributions for credit for service if an elective officer has not performed the service, regardless of the fact that the elected officer may personally elect to contribute for additional credit for service. (b) The prohibition provided by this section does not preclude an elective officer from choosing to receive credit for service in a retirement system by paying his or her own contributions for that purpose pursuant to the applicable provisions of the retirement system. (Added by Stats. 2006, Ch. 355, Sec. 5. Effective January 1, 2007.)
  132. 3410.

    ## 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 9.9. California Golden Shield Act [3410 - 3412] ( Chapter 9.9 added by Stats. 2009, Ch. 462, Sec. 1. )

    Verify source ↗

    This chapter may be cited as the California Golden Shield 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 9.9. California Golden Shield Act [3410 - 3412] ( Chapter 9.9 added by Stats. 2009, Ch. 462, Sec. 1. ) ## 3410. This chapter shall be known and may be cited as the California Golden Shield Act. (Added by Stats. 2009, Ch. 462, Sec. 1. (AB 671) Effective January 1, 2010.)
  133. 34100.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Classification [34100 - 34102] ( Chapter 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    Cities are classified under the rules in this chapter.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Classification [34100 - 34102] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## 34100. Cities are classified as provided in this chapter. (Repealed and added by Stats. 1955, Ch. 624.)
  134. 34101.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Classification [34100 - 34102] ( Chapter 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    Cities organized under a charter are classified as chartered cities.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Classification [34100 - 34102] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## 34101. Cities organized under a charter shall be “chartered cities.” (Repealed and added by Stats. 1955, Ch. 624.)
  135. 34102.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Classification [34100 - 34102] ( Chapter 2 added by Stats. 1949, Ch. 79. )

    Verify source ↗

    Cities organized under the general law are called “general law cities.”

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 1. CITIES GENERALLY [34000 - 34102] ( Division 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. Classification [34100 - 34102] ( Chapter 2 added by Stats. 1949, Ch. 79. ) ## 34102. Cities organized under the general law shall be “general law cities.” (Repealed and added by Stats. 1955, Ch. 624.)
  136. 3411.

    ## 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 9.9. California Golden Shield Act [3410 - 3412] ( Chapter 9.9 added by Stats. 2009, Ch. 462, Sec. 1. )

    Verify source ↗

    The Governor must annually award and present a Golden Shield Award to the next of kin or immediate family members of qualifying public safety officers killed in the line of duty that year.

    ## 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 9.9. California Golden Shield Act [3410 - 3412] ( Chapter 9.9 added by Stats. 2009, Ch. 462, Sec. 1. ) ## 3411. The Governor annually shall award, and present in the name of the State of California, a Golden Shield Award of appropriate design, with ribbons and appurtenances, to the next of kin of, or immediate family members of, every public safety officer who, while serving in any capacity under competent authority, has been killed in the line of duty in that year. (Added by Stats. 2009, Ch. 462, Sec. 1. (AB 671) Effective January 1, 2010.)
  137. 3412.

    ## 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 9.9. California Golden Shield Act [3410 - 3412] ( Chapter 9.9 added by Stats. 2009, Ch. 462, Sec. 1. )

    Verify source ↗

    This section defines “public safety officer” for this chapter and says that “law enforcement officer” includes corrections, court, and civil defense 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 9.9. California Golden Shield Act [3410 - 3412] ( Chapter 9.9 added by Stats. 2009, Ch. 462, Sec. 1. ) ## 3412. For the purposes of this chapter, “public safety officer” means a person serving a public agency, with or without compensation, as a firefighter, law enforcement officer, or emergency services officer. “Law enforcement officer” includes a person who is a corrections or court officer or a civil defense officer. (Added by Stats. 2009, Ch. 462, Sec. 1. (AB 671) Effective January 1, 2010.)
  138. 34400.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    If a qualifying city receives a petition signed by at least one-fifth of its qualified electors, its legislative body must put the reorganization question to voters at the next city general election.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34400. The legislative body of any city organized or incorporated prior to noon on January 1, 1880, upon receiving a petition requesting the reorganization of the city, signed by not less than one-fifth of the qualified electors of the city as shown by the vote cast at the last municipal election, shall submit to the electors of the city at the next general election held in the city the question whether the city shall become organized pursuant to this chapter. (Added by Stats. 1949, Ch. 79.)
  139. 34401.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    Election notice must be published in a city newspaper, or if none exists, printed and posted in at least four public places in the city, including the polling places.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34401. Notice of the election shall be given by publication in a newspaper printed and published in the city or if there is none, by printing and posting in at least four public places in the city, including the places where the election is to be held. (Added by Stats. 1949, Ch. 79.)
  140. 34402.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    The notice must be given at least four weeks before the election and included in the general election notice.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34402. The notice shall be given for at least the four weeks prior to the election, and be made a part of the general election notice. (Added by Stats. 1949, Ch. 79.)
  141. 34403.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    The notice must state the proposition and tell electors how to vote on it using the specified ballot wording.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34403. The notice shall distinctly state the proposition to be submitted and invite the electors to vote upon the proposition by placing upon their ballots “For reorganization,” or “against reorganization,” or equivalent words. (Amended by Stats. 1955, Ch. 624.)
  142. 34404.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    Votes must be canvassed at the same time and in the same manner as other votes cast at the election.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34404. The votes shall be canvassed at the time and in the manner that other votes cast at the election are canvassed. (Added by Stats. 1949, Ch. 79.)
  143. 34405.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    If a majority of electors vote for reorganization, the legislative body must have the clerk send a certified abstract of the vote to the Secretary of State.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34405. If a majority of all the electors voting at the election vote for reorganization, the legislative body, by an order entered upon the minutes, shall cause the clerk to transmit to the Secretary of State a certified abstract of the vote. (Amended by Stats. 1955, Ch. 624.)
  144. 34406.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    The abstract must show the total number of electors who voted at the election and the votes for and against reorganization.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34406. The abstract shall show the whole number of electors voting at the election, the number of votes cast for reorganization, and the number of votes cast against reorganization. (Added by Stats. 1949, Ch. 79.)
  145. 34407.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    The legislative body must immediately call a special election for officers that are required to be elected.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34407. The legislative body shall immediately call a special election, to be held within six weeks, for the election of officers required to be elected. (Amended by Stats. 1955, Ch. 624.)
  146. 34408.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    The legislative body must canvass the election and record the result in its journal.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34408. The legislative body shall canvass the election, and declare and enter the result upon its journal. (Added by Stats. 1949, Ch. 79.)
  147. 34409.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    The city is organized with the powers of general law cities from the date of entry.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34409. From the date of the entry, the city is organized with the powers of general law cities. (Amended by Stats. 1955, Ch. 624.)
  148. 34410.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    After qualifying, the officers must begin their duties and remain in office until the next city general municipal election and until successors are elected and qualified.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34410. Upon qualifying the officers shall enter upon the duties of their offices, and hold office until the next general municipal election held in the city and until their successors are elected and qualified. (Added by Stats. 1949, Ch. 79.)
  149. 34411.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    A city reorganized under this chapter is treated as the same corporation that existed before the reorganization.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34411. Any city organized pursuant to this chapter is deemed for all purposes to be the identical corporation that existed before the reorganization. (Added by Stats. 1949, Ch. 79.)
  150. 34412.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    Reorganization does not change the city’s property title, debts, liabilities, pending proceedings, or existing ordinance liability, and valid ordinances stay in force until repealed or amended.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34412. Reorganization does not affect or impair the title to any property owned or held by the city or in trust for it, or any debts, demands, liabilities, or obligations existing in favor of or against the city, or any pending proceeding. Reorganization does not repeal or affect any ordinance remaining unrepealed, or discharge any person from any existing civil or criminal liability for the violation of any ordinance. Ordinances not in conflict with general laws remain in force until repealed or amended. (Added by Stats. 1949, Ch. 79.)
  151. 34413.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    After reorganization proceedings have already started, they must be carried out under general laws.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34413. After reorganization proceedings previously commenced shall be conducted pursuant to general laws. (Added by Stats. 1949, Ch. 79.)
  152. 34414.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    Cities organized under this chapter must follow Sections 34331 and 34332.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 1. Special Charter Cities [34400 - 34414] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1977, Ch. 1253. ) ## 34414. The provisions of Sections 34331 and 34332 apply to cities organized pursuant to this chapter. (Added by Stats. 1949, Ch. 79.)
  153. 34450.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )

    Verify source ↗

    Any city or city and county may enact, amend, or repeal its own charter.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. ) ## 34450. Any city or city and county may enact, amend, or repeal a charter for its own government according to this article or Article 3 (commencing with Section 9255) of Chapter 3 of Division 9 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 63. Effective January 1, 1995.)
  154. 34451.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )

    Verify source ↗

    A charter may be proposed by a charter commission chosen by the city or city and county voters, and a commission candidate must be a registered voter of that city or city and county.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. ) ## 34451. The charter may be proposed by a charter commission chosen by the voters of the city or city and county, at any general or special election, but no person shall be eligible as a candidate for the commission unless he or she is a registered voter of the city or city and county. (Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
  155. 34452.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )

    Verify source ↗

    This section lets a city or city and county call an election to choose charter commissioners, requires petition verification, and assigns vacancy appointments to the mayor.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. ) ## 34452. (a) An election for choosing charter commissioners may be called by a majority vote of the governing body of a city or city and county, or on presentation of a petition signed by not less than 15 percent of the registered voters of the city or city and county. The petition shall be verified by the authority having charge of the registration records of the city or city and county and the expenses of the verification shall be provided by the governing body thereof. The governing body shall call an election pursuant to Sections 1000 and 10403 of the Elections Code. (b) If any vacancy arises in a charter commission established for a city or city and county pursuant to this chapter, the vacancy shall be filled by an appointment by the mayor of the city or city and county. (Amended by Stats. 1994, Ch. 923, Sec. 64. Effective January 1, 1995.)
  156. 34453.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )

    Verify source ↗

    At an election, voters must first vote on whether to elect a charter commission and then vote for charter commissioner candidates.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. ) ## 34453. At an election the voters shall vote first on the question “Shall a charter commission be elected to propose a new charter?” and, secondly, for the candidates of the office of charter commissioner. If the first question receives a majority of the votes of the qualified voters voting thereon at the election, the 15 candidates for the office of charter commissioner receiving the highest number of votes shall forthwith organize as a charter commission. However, if the first question receives less than a majority of the votes of the qualified voters voting thereon at the election no charter commission shall be deemed to have been elected. (Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
  157. 34454.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )

    Verify source ↗

    Candidates for charter commissioner must be nominated using one of the stated nomination methods.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. ) ## 34454. Candidates for the office of charter commissioner shall be nominated either in the same manner provided for the nomination of officers of the municipal or city and county government, or by petition substantially in the same manner provided by general laws for the nomination by petition of candidates for public offices to be voted for at general elections. (Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
  158. 34455.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )

    Verify source ↗

    Charter commissioners must propose a city or city and county charter, may propose amendments, must sign the prepared charter by a majority, and must file it with the clerk’s office.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. ) ## 34455. The charter commissioners shall propose a charter and may propose amendments to a charter, for the government of the city or city and county. The charter so prepared shall be signed by a majority of the charter commissioners and shall be filed in the office of the clerk of the governing body of the city or city and county. (Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
  159. 34456.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )

    Verify source ↗

    The governing body must print charter copies in at least 10-point type.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. ) ## 34456. In any city or city and county, the governing body shall cause copies of the charter to be printed in type of not less than 10-point. If the governing body causes copies of the proposed charter to be mailed to the voters, the text of the proposed charter may show the difference from existing provisions of law by the use of distinguishing type styles. (Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
  160. 34457.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )

    Verify source ↗

    If a charter prepared by the charter commission has been filed with the clerk, the proposed charter must be submitted to voters at the next statewide general election if there are at least 95 days before that election.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. ) ## 34457. After the charter prepared by the charter commission has been filed in the office of the clerk of the governing body of the city or city and county pursuant to Section 34455, the proposed charter shall be submitted to the voters of the city or city and county at the next established statewide general election pursuant to Section 1200 of the Elections Code, provided there are at least 95 days before the election. (Amended by Stats. 2013, Ch. 184, Sec. 4. (SB 311) Effective January 1, 2014.)
  161. 34458.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )

    Verify source ↗

    A city or city and county governing body may propose, amend, or repeal a charter and submit it to voters, but it must hold two public hearings, give advance notice, wait 30 days between hearings, and wait 21 days after the second hearing before voting.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. ) ## 34458. (a) As an alternative to the procedure provided for in Sections 34450 to 34457, inclusive, the governing body of a city or city and county, on its own motion may propose or cause to be proposed, amend or cause to be amended, or repeal or cause to be repealed, a charter, and may submit the proposal for the adoption, amendment, or repeal thereof, to the voters at the next established statewide general election pursuant to Section 1200 of the Elections Code, provided there are at least 88 days before the election, or, for a proposal described in paragraph (2) of subdivision (a) of Section 1415 of the Elections Code, at an election specified in that paragraph. (b) Prior to approving the submission to the voters of a proposal to adopt a charter, the governing body shall hold at least two public hearings on the matter of the proposal of a charter and the content of the proposed charter. Notice of the public hearings shall be given by publication pursuant to Section 6066, in a newspaper designated by the governing body and circulated throughout the city, and by posting the notice in three public places within the jurisdiction at least 21 calendar days prior to the date of each public hearing. The second public hearing shall be held at least 30 days after the first public hearing. At least one of the public hearings shall be held outside of normal business hours to facilitate public participation. The governing body shall not conduct a vote on whether to approve the submission to the voters of the proposal to adopt a charter until 21 days after the second public hearing. (Amended by Stats. 2013, Ch. 184, Sec. 5. (SB 311) Effective January 1, 2014.)
  162. 34458.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )

    Verify source ↗

    A charter proposal submitted to voters must say in the ballot description what new city powers would result from adopting the charter.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. ) ## 34458.5. A proposal to adopt or amend a charter, whether submitted to the voters pursuant to Section 34457 or 34458, shall include in the ballot description an enumeration of new city powers as a result of the adoption of the charter, including, but not limited to, whether the city council will, pursuant to an adopted charter, have the power to raise its own compensation and the compensation of other city officials without voter approval. (Added by Stats. 2011, Ch. 692, Sec. 6. (AB 1344) Effective January 1, 2012.)
  163. 34459.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )

    Verify source ↗

    A charter proposal, amendment, or repeal is ratified if voters approve it, but it does not take effect until it is accepted and filed by the Secretary of State.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. ) ## 34459. If the voters vote in favor of the charter proposal, amendment, or repeal, it shall be deemed to be ratified, but shall not take effect until accepted and filed by the Secretary of State pursuant to Section 34460. (Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
  164. 34460.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )

    Verify source ↗

    This section requires certified copies of a ratified charter proposal or charter change to be prepared and filed with specified offices.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. ) ## 34460. Three copies of the complete text of a charter proposal or of any amended or repealed section ratified by the voters of a city or city and county shall be certified and authenticated by the chairperson and the clerk of the governing body and attested by the city clerk, setting forth the submission of the charter to the voters of the city, and its ratification by them. One copy shall be recorded with the recorder of the county in which the city is located, and one filed in the archives of the city. In the case of a city and county, one copy shall be recorded with the recorder thereof, and one filed in the archives of the city and county. The third copy shall be filed with the Secretary of State. Each copy recorded with the recorder of the county or city and county and filed in the archives of the city or city and county shall be filed with the following: (a) Certified copies of all publications and notices required of the city by this chapter or by the laws of this state in connection with the calling of an election to propose, amend, or repeal a city charter. (b) Certified copies of any arguments for or against the charter proposal, amendment, or repeal that were mailed to voters pursuant to Sections 9281 and 13303 of the Elections Code. (c) A certified abstract of the vote at the election at which the charter proposal, amendment, or repeal was approved by the voters. (Amended by Stats. 2012, Ch. 330, Sec. 5. (SB 1090) Effective January 1, 2013.)
  165. 34461.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )

    Verify source ↗

    The Secretary of State must accept and file qualifying city or city-and-county charter proposals, amendments, or repeals, and courts must take judicial notice of them after filing.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. ) ## 34461. A charter proposal, amendment, or repeal by the voters of a city or city and county and submitted to the Secretary of State in compliance with this chapter shall be accepted and filed by the Secretary of State. The charter proposal, amendment, or repeal shall be published in the statutes in a charter chapter series under the designation “Statutes of ____ (year), Charter Chapter ____. ” Under the chapter number, the date of the ratification election and the date of filing with the Secretary of State shall be indicated. After a charter proposal, amendment, or repeal is accepted and filed by the Secretary of State, the courts shall take judicial notice thereof. (Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
  166. 34462.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. )

    Verify source ↗

    A city and county charter commission must finish and submit a proposed or amended charter to voters within two years, and then it is abolished. It may also submit parts of the charter periodically.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 2. City or City and County Charters [34450 - 34462] ( Chapter 2 repealed and added by Stats. 1988, Ch. 357, Sec. 10. ) ## 34462. (a) A charter commission established for a city and county pursuant to this chapter shall complete a proposed or amended charter and submit the charter to the voters of the city and county within two years of the date of the election of the charter commissioners, and at the expiration of that period is abolished. (b) A charter commission may submit portions of the proposed or amended charter to the voters periodically. (Repealed and added by Stats. 1988, Ch. 357, Sec. 10.)
  167. 34500.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. Corporate Name [34500 - 34504] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    This chapter does not apply to chartered cities.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. Corporate Name [34500 - 34504] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1977, Ch. 1253. ) ## 34500. The provisions of this chapter do not apply to chartered cities. (Added by Stats. 1949, Ch. 79.)
  168. 34501.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. Corporate Name [34500 - 34504] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    Cities organized under this part must have a name, perpetual succession, and a common seal, and may sue and be sued.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. Corporate Name [34500 - 34504] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1977, Ch. 1253. ) ## 34501. Every city organized pursuant to this part shall have a name, and by such name has perpetual succession, and may sue and be sued. It shall have a common seal, alterable at the pleasure of the legislative body. (Added by Stats. 1949, Ch. 79.)
  169. 34501.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. Corporate Name [34500 - 34504] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    A person must not use or allow use of a city seal reproduction or facsimile in campaign literature or a mass mailing with intent to deceive voters.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. Corporate Name [34500 - 34504] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1977, Ch. 1253. ) ## 34501.5. (a) Any person who uses or allows to be used any reproduction or facsimile of the seal of the city in any campaign literature or mass mailing, as defined in Section 82041.5, with intent to deceive the voters, is guilty of a misdemeanor. (b) For purposes of this section, the use of a reproduction or facsimile of a seal in a manner that creates a misleading, erroneous, or false impression that the document is authorized by a public official is evidence of intent to deceive. (Added by Stats. 2001, Ch. 387, Sec. 3. Effective January 1, 2002.)
  170. 34502.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. Corporate Name [34500 - 34504] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    The legislative body may change the city’s name by ordinance approved by a four-fifths vote of its members.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. Corporate Name [34500 - 34504] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1977, Ch. 1253. ) ## 34502. The legislative body may, by ordinance adopted by a four-fifths vote of its members, change the name of the city. In the same manner, the legislative body may eliminate the word “city” from the corporate name and substitute the word “town” or eliminate the word “town” and substitute the word “city.” (Added by Stats. 1985, Ch. 617, Sec. 10.)
  171. 34503.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. Corporate Name [34500 - 34504] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    The city clerk must file a copy of certain ordinances within 10 days with specified county and state agencies.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. Corporate Name [34500 - 34504] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1977, Ch. 1253. ) ## 34503. Within 10 days of the effective date of an ordinance adopted pursuant to Section 34502, or within 10 days of the date the legislative body declares the vote on an ordinance passed by initiative or referendum, the city clerk shall file a copy of the ordinance with the Secretary of State, the board of supervisors of the county in which the city is located, and the local agency formation commission of the county in which the city is located. (Repealed and added by Stats. 1985, Ch. 617, Sec. 12.)
  172. 34504.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. Corporate Name [34500 - 34504] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1977, Ch. 1253. )

    Verify source ↗

    If a city-name change ordinance fails, the city may not consider another name-changing ordinance for two years.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 3. Corporate Name [34500 - 34504] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1977, Ch. 1253. ) ## 34504. If an ordinance proposed pursuant to Section 34502 fails passage by the legislative body or if the voters fail to confirm the ordinance, no ordinance changing the name of the city shall be considered for two years from the date of the vote of the legislative body or from the date of the election. (Repealed and added by Stats. 1985, Ch. 617, Sec. 14.)
  173. 34851.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    An ordinance establishing a city manager form of government may be enacted by the legislative body, submitted to electors at a municipal or special election, or submitted by the people as an initiative measure.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 34851. An ordinance establishing a city manager form of government may be: (a) Enacted by the legislative body; or (b) Submitted to the electors by the legislative body at any municipal or special election; or (c) Submitted by the people as an initiative measure. (Added by Stats. 1949, Ch. 79.)
  174. 34852.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The ordinance must define the city manager’s powers and duties, and it may set the city manager’s compensation or minimum pay.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 34852. The ordinance shall define the powers and duties of the city manager and may fix the city manager’s compensation or the minimum amount the city manager is to receive. (Amended by Stats. 2018, Ch. 467, Sec. 17. (SB 1498) Effective January 1, 2019.)
  175. 34853.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    If the ordinance is submitted by the legislative body, the ballot proposition must be printed in a specified form asking whether Ordinance No. ____ providing for a city manager form of government should be adopted, with “yes” and “no” choices.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 34853. Where the ordinance is submitted by the legislative body, the proposition shall be printed on the ballots substantially as follows: “Shall Ordinance No. ____ providing for a city manager form of government be adopted?” followed by the words “yes” and “no,” so printed that the voters may express their choice. (Amended by Stats. 1957, Ch. 838.)
  176. 34854.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    If the ordinance wins a majority of votes at the election, it takes effect on the tenth day after the vote canvass.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 34854. If a majority of the votes cast at the election is in favor of the ordinance, it shall go into effect on the tenth day after the canvass of votes. (Added by Stats. 1949, Ch. 79.)
  177. 34855.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The legislative body must appoint a city manager within 60 days after the ordinance takes effect.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 34855. Within sixty days after the effective date of the ordinance, the legislative body shall appoint a city manager, who need not be a resident of the city at the time of appointment. (Amended by Stats. 2018, Ch. 467, Sec. 18. (SB 1498) Effective January 1, 2019.)
  178. 34856.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    The city manager may appoint and dismiss the chief of police and other subordinate appointive officers and employees, but not the city attorney. If the city clerk and city treasurer offices are made appointive, the city council makes those appointments unless it gives that power to the city manager by ordinance.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 34856. The city manager may appoint and dismiss the chief of police and other subordinate appointive officers and employees except the city attorney. When the offices of city clerk and city treasurer are made appointive, appointments to such offices shall be made by the city council unless the city council vests such appointing power in the city manager by ordinance. (Amended by Stats. 1953, Ch. 491.)
  179. 34857.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    When a city manager is appointed, the terms of subordinate officers under the city manager’s appointment and removal power end unless those officers are reappointed.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 34857. Upon appointment of the city manager, the terms of subordinate officers over whom the city manager has power of appointment and removal cease, unless they are reappointed. (Amended by Stats. 2018, Ch. 467, Sec. 19. (SB 1498) Effective January 1, 2019.)
  180. 34858.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    A city that adopted the city manager form of government may abolish it the same way it was adopted.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 34858. Any city adopting the city manager form of government may abolish it in the manner in which it was adopted. (Added by Stats. 1949, Ch. 79.)
  181. 34859.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. )

    Verify source ↗

    This section confirms and validates ordinances that established a city manager form of government before September 19, 1947.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 1. City Manager [34851 - 34859] ( Heading of Article 1 renumbered from Article 3 by Stats. 1955, Ch. 624. ) ## 34859. All ordinances establishing a city manager form of government, enacted prior to September 19, 1947, are confirmed, validated, and declared legally effective. (Added by Stats. 1949, Ch. 79.)
  182. 34870.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

    Verify source ↗

    This article applies only to cities.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34870. This article applies only to cities. (Repealed and added by Stats. 1970, Ch. 278.)
  183. 34871.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

    Verify source ↗

    The legislative body may submit certain district-based election ordinances to registered voters at a municipal or special election.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34871. At any municipal election, or special election held for that purpose, the legislative body may submit to the registered voters an ordinance providing for the election of members of the legislative body in any of the following ways: (a) By districts in five, seven, or nine districts. (b) From districts in five, seven, or nine districts. (c) By districts in four, six, or eight districts, with an elective mayor pursuant to Article 5 (commencing with Section 34900). (d) From districts in four, six, or eight districts, with an elective mayor pursuant to Article 5 (commencing with Section 34900). The term “by districts” as used in this article shall mean election of members of the legislative body by voters of the district alone. The term “from districts” shall mean election of members of the legislative body who are residents of the district from which they are elected by the voters of the entire city. “Geographical area making up the district” shall in the case of elections by district mean the district, and in the case of elections from districts shall mean the entire city except with respect to the residence requirements imposed by Section 34882. That ordinance may also be qualified for the ballot by means of an initiative measure in accordance with Chapter 3 (commencing with Section 9200) of Division 9 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 68. Effective January 1, 1995.)
  184. 34872.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

    Verify source ↗

    An ordinance must state the number of legislative districts and how members of the legislative body will be elected.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34872. An ordinance shall state the number of legislative districts and whether members of the legislative body shall be elected by districts, from districts, by districts with an elective mayor, or from districts with an elective mayor. (Amended by Stats. 2016, Ch. 736, Sec. 1. (AB 278) Effective January 1, 2017.)
  185. 34873.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

    Verify source ↗

    An ordinance made under this article may be amended or repealed in the same way, but doing so must not affect the term of office of any elected council member.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34873. An ordinance enacted pursuant to this article may be amended or repealed in the same manner; provided, the term of office of any council member elected shall not be affected. (Amended by Stats. 2010, Ch. 699, Sec. 7. (SB 894) Effective January 1, 2011.)
  186. 34874.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

    Verify source ↗

    An ordinance changing legislative district boundaries cannot go to voters until it has first been reviewed by the city planning commission, or by the city’s legislative body if there is no planning commission.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34874. (a) An amendatory ordinance altering the boundaries of the legislative districts established pursuant to this article shall not be submitted to the registered voters until the ordinance has been submitted to the planning commission of the city or, in absence of a planning commission, to the legislative body of said city for an examination as to the definiteness and certainty of the boundaries of the legislative districts proposed. (b) An amendatory ordinance altering the boundaries of legislative districts shall comply with the requirements and criteria of Section 21130 of the Elections Code. (Amended by Stats. 2023, Ch. 343, Sec. 56. (AB 764) Effective January 1, 2024.)
  187. 34875.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

    Verify source ↗

    An amendatory ordinance must not be submitted to voters if certain district-closure or council-seat conditions are met.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34875. The amendatory ordinance shall not be submitted to the voters if (a) one or more of the legislative districts do not close, (b) one or more entire legislative districts are eliminated prior to the termination of the term of office of the council member of or from the district, (c) the effect is that a greater number of council members will be qualified to hold office concurrently than are authorized by this article or the amendatory ordinance. (Amended by Stats. 2010, Ch. 699, Sec. 8. (SB 894) Effective January 1, 2011.)
  188. 34876.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

    Verify source ↗

    The city planning commission, or the city legislative body if there is no planning commission, must make findings by resolution within 90 days after the amendatory ordinance is submitted to the city clerk.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34876. The planning commission of the city or, in absence of such body, the legislative body of the city shall make findings as to the matters set forth in Section 34875 by resolution within 90 days after submission of the amendatory ordinance to the city clerk. Failure to make findings shall be constituted as a finding of compliance with Section 34875. (Repealed and added by Stats. 1970, Ch. 278.)
  189. 34876.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

    Verify source ↗

    This section sets the ballot wording for an ordinance proposing district-based elections and explains when approved changes take effect.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34876.5. (a) (1) If an ordinance is submitted to the voters pursuant to Section 34871, there shall be printed on the ballots substantially as follows: “Shall members of the legislative body of the City of ____ be elected by (or from) districts?” or, if applicable: “Shall members of the legislative body of the City of ____ be elected by (or from) districts, and the Mayor of the City of ____ be elected on a citywide basis by the voters of the entire city?” (2) To the right of or below the words describing the proposal pursuant to paragraph (1), the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the proposal. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. (b) If a majority of the voters voting on the proposed ordinance vote in its favor, members of the legislative body shall be elected in the manner approved by the voters beginning at the first election following approval of the district boundaries pursuant to Section 34877.5, and for which the election consolidation deadlines established in the Elections Code have not passed. (Amended by Stats. 2025, Ch. 303, Sec. 16. (AB 1512) Effective January 1, 2026.)
  190. 34877.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

    Verify source ↗

    If a city proposition would change how legislative districts are used, the ballot must print the proposition in a specified form and include Yes and No choices.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34877. The proposition of altering legislative districts shall be printed on the ballots substantially as follows: “Shall members of the legislative body of the City of ____ be elected by (or from) districts described in Ordinance No. ____?” or, if applicable: “Shall members of the legislative body of the City of ____ be elected by (or from) districts described in Ordinance No. ____, and the Mayor of the City of ____ be elected on a citywide basis by the voters of the entire city?” followed by the words “Yes” and “No,” so printed that the voters may express their choice. (Amended by Stats. 2016, Ch. 736, Sec. 3. (AB 278) Effective January 1, 2017.)
  191. 34877.5.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

    Verify source ↗

    After certain election-related ordinances, the legislative body must prepare a district map, follow Elections Code requirements, seek public input, and hold public hearings in specified situations.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34877.5. (a) After an ordinance is passed by the voters pursuant to Section 34876.5, or after an ordinance is enacted by the legislative body pursuant to Section 34886, the legislative body shall prepare a proposed map that describes the boundaries and numbers of the districts for the legislative body. In preparing the proposed map, the legislative body shall comply with the requirements and criteria of Section 21130 of the Elections Code and shall seek public input, including accepting proposed maps submitted by the public. (b) If the legislative body is changing from an at-large method of election to a district-based election, as those terms are defined in Section 14026 of the Elections Code, the legislative body shall hold public hearings pursuant to Section 10010 of the Elections Code. If the legislative body is otherwise adjusting the district boundaries, the legislative body shall hold public hearings on the proposed district boundaries pursuant to Section 21150 of the Elections Code. (Amended by Stats. 2023, Ch. 343, Sec. 57. (AB 764) Effective January 1, 2024.)
  192. 34878.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

    Verify source ↗

    If city voters approve the ordinance by a majority of those voting, the city’s legislative body must be elected by or from the described districts, or by or from districts with an elective mayor, in the manner the ordinance provides.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34878. If a majority of the registered voters of the city, who vote, vote in favor of the ordinance, at the expiration of the terms of office of the members of the legislative body, or as provided by ordinance, members of the legislative body shall be elected by (or from) the districts described, or by or from districts with an elective mayor, and in the manner provided. (Amended by Stats. 1978, Ch. 745.)
  193. 34879.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

    Verify source ↗

    Members of the legislative body elected under this article serve four-year terms unless another term is expressly provided.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34879. The term of office of members of the legislative body elected pursuant to the provisions of this article shall be four years, unless otherwise expressly provided. (Repealed and added by Stats. 1970, Ch. 278.)
  194. 34880.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

    Verify source ↗

    If a city incorporation or special reorganization petition/proposal provides for district-based election of the legislative body and includes the required ordinance provisions, the members must be elected as stated in that petition or proposal.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34880. (a) If the petition or proposal developed by the commission for submission to the electorate for incorporation or special reorganization of a city provides for the election of members of the legislative body by (or from) districts and includes substantially the provisions required to be included in an ordinance providing for that election, including Section 34871, the members of the legislative body shall be elected in the manner provided in the petition or proposal. (b) The members of the legislative body shall hold office until the next general municipal election. At the next general municipal election the members elected by or from the even-numbered districts shall hold office for four years and the members elected by or from the odd-numbered districts shall hold office for two years. Thereafter the term of office is four years. (Amended by Stats. 2000, Ch. 761, Sec. 3. Effective January 1, 2001.)
  195. 34881.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

    Verify source ↗

    Each district must elect one member of the city legislative body, and the mayor must be elected citywide.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34881. One member of the legislative body shall be elected by or from each district, or, if applicable, one member of the legislative body shall be elected by or from each district constituting a geographical division of the city, and the mayor shall be elected on a citywide basis. With the possible exception as to the number of members of the legislative body, the officers of the city remain the same. (Amended by Stats. 1975, Ch. 652.)
  196. 34882.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

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    A person may hold office as a member of a municipal legislative body only if the person is otherwise qualified, lives in the district, lived in the district area from which elected, and was a registered voter of the city when nomination papers were issued.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34882. A person is not eligible to hold office as a member of a municipal legislative body unless he or she is otherwise qualified, resides in the district and both resided in the geographical area making up the district from which he or she is elected and was a registered voter of the city at the time nomination papers are issued to the candidate as provided for in Section 10227 of the Elections Code. (Amended by Stats. 1994, Ch. 923, Sec. 69. Effective January 1, 1995.)
  197. 34883.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

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    Registered voters who sign nomination petitions or vote for a legislative body member must live in the district area for that election.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34883. Registered voters signing nomination petitions or voting for a member of the legislative body shall be residents of the geographical area making up the district from which the member is to be elected. (Amended by Stats. 1978, Ch. 745.)
  198. 34884.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

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    If a new city incorporates and voters choose district elections, the legislative body must create district boundaries before nominations open, and the districts must meet population and Elections Code requirements.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34884. (a) If, at the time a vote is held on the subject of incorporation of a new city, a majority of the votes cast is for incorporation and, if, in accordance with Section 57116, a majority of the votes cast on the question of whether members of the city council in future elections are to be elected by district or at large is in favor of election by district, all of the following procedures apply: (1) Before the first day on which voters may nominate candidates for election at the next regular municipal election, the legislative body shall, by ordinance or resolution, establish the boundaries of the districts of the legislative body. The districts shall be substantially equal in population as required by the United States Constitution. The districts shall comply with the requirements and criteria of Section 21130 of the Elections Code. (2) The terms of office of the two members elected with the lowest vote shall expire on the Tuesday succeeding the next regular municipal election. At that election, members shall be elected by district in the even-numbered districts and shall hold office for four years. (3) The terms of office of the three members elected with the highest vote shall expire on the Tuesday succeeding the second regular municipal election following the incorporation. At that election, members shall be elected by district in the odd-numbered districts and shall hold office for four years. (b) The result of the vote cast on the question of whether members of the city council in future elections are to be elected by district or at large shall not preclude the submission to the voters at any future election of a measure in accordance with Section 34871. (Amended by Stats. 2023, Ch. 343, Sec. 58. (AB 764) Effective January 1, 2024.)
  199. 34886.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. )

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    A city legislative body may adopt an ordinance to elect its members by district, or by district with an elective mayor, without putting the ordinance to a voter approval.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 2. Election of Legislative Body By or From Districts in Cities [34870 - 34886] ( Article 2 repealed and added by Stats. 1970, Ch. 278. ) ## 34886. Notwithstanding Section 34871 or any other law, the legislative body of a city may adopt an ordinance that requires the members of the legislative body to be elected by district or by district with an elective mayor, as described in subdivisions (a) and (c) of Section 34871, without being required to submit the ordinance to the voters for approval. An ordinance adopted pursuant to this section shall comply with the requirements and criteria of Section 21130 of the Elections Code and include a declaration that the change in the method of electing members of the legislative body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code). (Amended by Stats. 2023, Ch. 343, Sec. 59. (AB 764) Effective January 1, 2024.)
  200. 34900.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 3. Elective Mayor [34900 - 34906] ( Heading of Article 3 renumbered from Article 5 by Stats. 1979, Ch. 546. )

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    A city council may place certain mayoral questions before voters at a general municipal election or a special election held for that purpose.

    ## Government Code - GOV ## TITLE 4. GOVERNMENT OF CITIES [34000 - 45345] ( Title 4 added by Stats. 1949, Ch. 79. ) ## DIVISION 2. ORGANIZATION AND BOUNDARIES [34400 - 34906] ( Division 2 added by Stats. 1949, Ch. 79. ) ## PART 1. ORGANIZATION [34400 - 34906] ( Part 1 added by Stats. 1949, Ch. 79. ) ## CHAPTER 4. Alternative Forms of Government [34851 - 34906] ( Heading of Chapter 4 renumbered from Chapter 7 by Stats. 1977, Ch. 1253. ) ## ARTICLE 3. Elective Mayor [34900 - 34906] ( Heading of Article 3 renumbered from Article 5 by Stats. 1979, Ch. 546. ) ## 34900. At any general municipal election, or at a special election held for that purpose, the city council may submit to the electors the question of whether electors shall thereafter elect a mayor and four city council members, and whether the mayor shall serve a two-year or four-year term. In cities presently having elected mayors, the city council may also submit to the electors the question of whether the mayor shall thereafter serve a two-year or a four-year term. (Amended by Stats. 2010, Ch. 699, Sec. 9. (SB 894) Effective January 1, 2011.)

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