CHAPTER 1. General [1000. - 1241.]

Chapter 1 enacted by Stats. 1943, Ch. 134.

§§ 1000–1241 · 129 sections

ARTICLE 1. Classification of Officers §§ 1000–1001 · 2 sections
- § 1000 Executive officers are either: (a) Civil. (b) Military.
- § 1001 The civil executive officers are: a Governor; a private secretary and an executive secretary for the Governor; a Lieutenant Governor; a Secretary of State; a…
ARTICLE 2. Disqualifications for Office or Employment §§ 1020–1044 · 28 sections
- § 1020 (a) A person is eligible to hold an elective civil office if, at the time of election, the person is 18 years of age and a citizen of the state. (b)…
- § 1020.5 (a) Notwithstanding Section 1020 or any other provision of law, no person shall be incapable of holding any office in a youth services bureau solely by reason…
- § 1021 A person is disqualified from holding any office upon conviction of designated crimes as specified in the Constitution and laws of the State.
- § 1021.5 (a) If a public employee is convicted of any felony involving accepting or giving, or offering to give, any bribe, conflict of interest, the embezzlement of…
- § 1021.6 (a) A city manager or city attorney, including an individual acting under contract with the city for those services, who is convicted of any felony set forth…
- § 1022 Other provisions respecting disqualification for particular offices are contained in the Constitution and in the laws concerning the various offices.
- § 1023 A person is ineligible to hold office or employment of any kind under the State, any county, city, district or other political or governmental unit of the…
- § 1024 Any person who holds any office or employment under the state or any county, city, district or other political or governmental unit of the state and who has…
- § 1026 Every person who exercises the duties of any office in violation of the provisions of this article relative to oaths, and every person who knowingly appoints…
- § 1027 Every person who exercises the duties of any employment in violation of the provisions of this article relative to oaths, and every person who knowingly…
- § 1027.5 The Legislature of the State of California finds that: (a) There exists a world-wide revolutionary movement to establish a totalitarian dictatorship based upon…
- § 1028 It shall be sufficient cause for the dismissal of any public employee when such public employee advocates or is knowingly a member of the Communist Party or of…
- § 1028.1 It shall be the duty of any public employee who may be subpenaed or ordered by the governing body of the state or local agency by which such employee is…
- § 1028.2 Sections 1027.5, 1028.1, and 1028, added by Chapter 1418 of the Statutes of 1947, are not applicable to school district employees. It is the intent of the…
- § 1029 (a) Except as provided in subdivision (b), (c), (d), or (e), each of the following persons is disqualified from holding office as a peace officer or being…
- § 1029.1 The Department of Corrections and the Department of the Youth Authority shall complete a background investigation, using as guidelines standards defined by the…
- § 1030 (a) A law enforcement agency shall require a peace officer or a prospective peace officer, as designated under Chapter 4.5 (commencing with Section 830) of…
- § 1031 Each class of public officers or employees declared by law to be peace officers shall meet all of the following minimum standards: (a) Be legally authorized to…
- § 1031.1 (a) For purposes of performing a thorough background investigation for applicants not currently employed as a peace officer, as required by subdivision (d) of…
- § 1031.2 Consistent with the Americans with Disabilities Act of 1990 (Public Law 101-336) and paragraph (3) of subdivision (e) of Section 12940, the collection of…
- § 1031.3 (a) The Commission on Peace Officer Standards and Training, by January 1, 2022, shall study, review, and update their regulations and associated screening…
- § 1031.4 (a) In addition to the standards in Section 1031, each state officer and employee designated as peace officers as described in Section 830.1, with the…
- § 1031.5 (a) (1) In addition to the standards in Section 1031, commencing January 1, 2031, each state officer and employee designated as a peace officer as described in…
- § 1040 (a) The Department of Motor Vehicles may require fingerprint images and associated information from an employee or prospective employee whose duties include or…
- § 1041 (a) (1) The Department of Managed Health Care may require fingerprint images and associated information from a prospective employee whose duties would include…
- § 1042 (a) (1) The California Gambling Control Commission may require fingerprint images and associated information from a prospective employee if the employee’s…
- § 1043 (a) (1) The executive board of the California Health Benefit Exchange, as established by Section 100500, shall, consistent with the federal Centers for…
- § 1044 (a) (1) A state entity or its designee shall conduct criminal background checks, as provided in this section, to comply with applicable federal requirements.…
ARTICLE 3. Residence Restrictions and Absence from State §§ 1060–1064 · 5 sections
- § 1060 The following officers shall keep their offices in the City of Sacramento: (a) The Governor. (b) Secretary of State. (c) Controller. (d) Treasurer. (e)…
- § 1061 The director of each department who is a member of the Governor’s council shall reside at Sacramento.
- § 1062 No state or municipal officer shall absent himself from the state for more than 60 days, unless either: (a) Upon business of the state, or the municipality,…
- § 1063 No officer of a county or judicial district shall absent himself from the state for more than 30 days unless either: (a) Upon business for the state, county or…
- § 1064 No member of the governing board of a school district or a community college district shall be absent from the state for more than 60 days, except in any of…
ARTICLE 4. Prohibitions Applicable to Specified Officers §§ 1090–1099 · 24 sections
- § 1090 (a) Members of the Legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract…
- § 1090.1 No officer or employee of the State nor any Member of the Legislature shall accept any commission for the placement of insurance on behalf of the State.
- § 1091 (a) An officer shall not be deemed to be interested in a contract entered into by a body or board of which the officer is a member within the meaning of this…
- § 1091.1 The prohibition against an interest in contracts provided by this article or any other provision of law shall not be deemed to prohibit any public officer or…
- § 1091.2 Section 1090 shall not apply to any contract or grant made by local workforce investment boards created pursuant to the federal Workforce Investment Act of…
- § 1091.3 Section 1090 shall not apply to any contract or grant made by a county children and families commission created pursuant to the California Children and…
- § 1091.4 (a) As used in Section 1091, “remote interest” also includes a person who has a financial interest in a contract, if all of the following conditions are met:…
- § 1091.5 (a) An officer or employee shall not be deemed to be interested in a contract if his or her interest is any of the following: (1) The ownership of less than 3…
- § 1091.6 An officer who is also a member of the governing body of an organization that has an interest in, or to which the public agency may transfer an interest in,…
- § 1092 (a) Every contract made in violation of any of the provisions of Section 1090 may be avoided at the instance of any party except the officer interested…
- § 1092.5 Notwithstanding Section 1092, no lease or purchase of, or encumbrance on, real property may be avoided, under the terms of Section 1092, in derogation of the…
- § 1093 (a) The Treasurer and Controller, county and city officers, and their deputies and clerks shall not purchase or sell, or in any manner receive for their own or…
- § 1094 Every officer whose duty it is to audit and allow the accounts of other state, county, or city officers shall, before allowing such accounts, require each of…
- § 1095 Officers charged with the disbursement of public moneys shall not pay any warrant or other evidence of indebtedness against the State, county, or city when it…
- § 1096 Upon the officer charged with the disbursement of public moneys being informed by affidavit that any officer, whose account is about to be settled, audited, or…
- § 1097 (a) Every officer or person prohibited by the laws of this state from making or being interested in contracts, or from becoming a vendor or purchaser at sales,…
- § 1097.1 (a) The Commission shall have the jurisdiction to commence an administrative action, or a civil action, as set forth within the limitations of this section and…
- § 1097.2 (a) Upon the sworn complaint of a person or on its own initiative, the Commission shall investigate possible violations of Section 1090, as provided in Section…
- § 1097.3 (a) Subject to the requirements of Section 1097.1, the Commission may file a civil action for an alleged violation of Section 1090. A person held liable for…
- § 1097.4 In addition to any other remedies available, the Commission may obtain a judgment in superior court for the purpose of collecting any unpaid monetary…
- § 1097.5 (a) If the time for judicial review of a final Commission order or decision issued pursuant to Section 1097.2 has lapsed, or if all means of judicial review of…
- § 1097.6 (a) (1) For a public entity that has entered into a contract with an independent contractor to perform one phase of a project and seeks to enter into a…
- § 1098 (a) Any current public officer or employee who willfully and knowingly discloses for pecuniary gain, to any other person, confidential information acquired by…
- § 1099 (a) A public officer, including, but not limited to, an appointed or elected member of a governmental board, commission, committee, or other body, shall not…
ARTICLE 4.5. Sales of Public Securities §§ 1100–1102 · 3 sections
- § 1100 As used in this article, “public securities” means any issue of bonds, notes, warrants, or other evidences of indebtedness and the interest coupons, if any,…
- § 1101 As used in this article, “public body” means any county, city and county, city, municipal corporation, political subdivision, school district, or any other…
- § 1102 Notwithstanding any provision of law to the contrary, a member of the legislative body of any public body or any officer or employee thereof shall not be…
ARTICLE 4.7. Incompatible Activities §§ 1125–1129 · 5 sections
- § 1125 “Local agency,” as used in this article, means a county, city, city and county, political subdivision, district, or municipal corporation.
- § 1126 (a) Except as provided in Sections 1128 and 1129, a local agency officer or employee shall not engage in any employment, activity, or enterprise for…
- § 1127 It is not the intent of this article to prevent the employment by private business of a public employee, such as a peace officer, fireman, forestry service…
- § 1128 Service on an appointed or elected governmental board, commission, committee, or other body by an attorney employed by a local agency in a nonelective position…
- § 1129 Service on the Board of Directors of the Local Agency Self-Insurance Authority by an officer or employee of a local agency, as defined by subdivision (a) of…
ARTICLE 5. Withholding Salary on Contest of Title §§ 1130–1132 · 3 sections
- § 1130 When the title of the incumbent of any office in this State is contested by proceedings instituted in any court for that purpose, no warrant shall thereafter…
- § 1131 As soon as the proceedings are instituted, the clerk of the court in which they are pending shall certify the facts to the officers whose duty it would…
- § 1132 This article does not apply to any party to a contest or proceeding who holds the certificate of election or commission of office and discharges the duties of…
ARTICLE 6. Salary and Wage Deductions §§ 1150–1159 · 22 sections
- § 1150 As used in this article: (a) “State employee” means all persons who receive wages for services through the uniform payroll system established and administered…
- § 1151 State employees may authorize deductions to be made from their salaries or wages for payment of one or more of the following: (a) Insurance premiums or other…
- § 1151.5 (a) In addition to deductions authorized pursuant to Section 1151, a state employee may authorize deductions to be made from salaries or wages for payment for…
- § 1152 Deductions may be requested by employee organizations and bona fide associations from the salaries and wages of their members, and public employers shall honor…
- § 1153 The Controller shall provide for the administration of payroll deductions as set forth in Sections 1151, 1151.5, and 1152, salary reductions pursuant to…
- § 1156 (a) Any eligible employee who is participating in a flexible benefits program may elect to receive one or more benefits that qualify to be excluded from gross…
- § 1156.1 (a) Any eligible employee may elect to participate in the State Employees’ Pretax Parking Payroll Deduction Program. The program shall be administered by the…
- § 1157 (a) Officers and employees of a public agency, other than those under the uniform payroll system provided for in Article 5 (commencing with Section 12470) of…
- § 1157.1 Employees of a public agency, on approval of and in accordance with the provisions made by the governing body of the public agency, may authorize deductions to…
- § 1157.2 With the approval of the governing body of a public agency and under such regulations as it may prescribe, employees of the public agency may authorize…
- § 1157.3 (a) Employees, including retired employees, of a public employer in addition to any other purposes authorized in this article, may also authorize deductions to…
- § 1157.4 (a) Employees of a county employing more than 20,000 persons, other than a city and county, may authorize deductions to be made from their salaries or wages…
- § 1157.5 Employees, including retired employees, of a county, other than a city and county, employing more than 20,000 persons in addition to any other purposes…
- § 1157.6 Retired employees of a public agency, other than a school district, or eligible surviving spouses of such retired employees, on approval of the governing body…
- § 1157.7 Employees of a public agency employing more than 20,000 persons, other than a city and county, may authorize dues deductions for membership in an ethnic…
- § 1157.8 Officers and employees of public agencies may authorize deductions to be made from their salaries or wages for the purchase of United States savings bonds in…
- § 1157.9 Officers and employees of public agencies may authorize wage and salary deductions for deposit into an account with a state or federal bank or savings and loan…
- § 1157.10 Payroll deductions for state employees of public agencies, other than those under the uniform payroll system, shall be administered by the appropriate officer…
- § 1157.11 (a) Officers and employees of a county with a population of over 8,000,000, may authorize deductions to be made from their salaries or wages for the purchase…
- § 1157.12 Public employers other than the state that provide for the administration of payroll deductions authorized by employees for employee organizations as set forth…
- § 1158 No provision of law prohibiting, restricting or limiting the assignment or order for wages or salaries in any way prohibits, restricts or limits the powers…
- § 1159 (a) The Controller, a public employer, an employee organization, or any of their employees or agents, shall not be liable for, and shall have a complete…
ARTICLE 6.5. Withholding Tax Deductions §§ 1170–1176 · 8 sections
- § 1170 As used in this article, “law” means any federal law relating to internal revenue.
- § 1170.5 In the case of the State, “law” also means the law of any state providing for the withholding of personal income tax from wages or salaries of its residents…
- § 1171 The State, its agencies and political subdivisions, cities, and all other public agencies may withhold from any wages or salaries paid by them that portion…
- § 1172 They may pay the withheld sums at the times and in the manner provided by the law and make the records, reports, and returns required by the law or the…
- § 1173 The Department of Finance shall direct the manner and form in which each state department, board, commission, or other agency maintains the records incidental…
- § 1174 All funds withheld pursuant to this article by any state unit whose funds are deposited in the State Treasury shall, immediately upon such withholding, be…
- § 1175 All funds withheld by any county pursuant to this article shall, immediately upon such withholding, be deposited in such depositary or depositaries as may be…
- § 1176 All funds withheld pursuant to this article by any public agency not within the provisions of Sections 1174 or 1175 of this code shall, immediately upon such…
ARTICLE 7. Deputies and Subordinates §§ 1190–1195 · 6 sections
- § 1190 All assistants, deputies, and other subordinate officers, whose appointments are not otherwise provided for, shall be appointed by the officer or body to whom…
- § 1191 When not otherwise provided for, the appointment of deputies and other subordinate officers shall be made in writing and filed in the office of the appointing…
- § 1192 When not otherwise provided for, within 10 days after receiving notice of their appointment, deputies and other subordinate officers shall take and file an…
- § 1193 When the number of deputies or other subordinate officers is not fixed by law, it is limited only by the discretion of the appointing power.
- § 1194 When not otherwise provided for, each deputy possesses the powers and may perform the duties attached by law to the office of his principal.
- § 1195 Every officer of the state, or of any county, city, or judicial district who accepts, keeps, retains or diverts for his own use or the use of any other person…
ARTICLE 8. Miscellaneous §§ 1220–1241 · 23 sections
- § 1220 When an officer discharges ex officio the duties of another office than that to which he is elected or appointed, his official signature and attestation shall…
- § 1221 Where not otherwise provided, the seals of office of the various executive officers are those in use by such officers on January 1, 1873.
- § 1222 Every wilful omission to perform any duty enjoined by law upon any public officer, or person holding any public trust or employment, where no special provision…
- § 1223 When traveling expenses are allowed by law to any state, county, judicial district, or city officer, he may contract with the appropriate authorities for an…
- § 1224 Any money paid by a state, county, judicial district, or city officer for United States postage for use in conducting the official business of his office may…
- § 1225 (a) An executive officer, a judicial officer, and a Member of the Legislature may administer and certify oaths. (b) A former judge of a court of record in this…
- § 1226 When the records in the office of any public board or officer authorized to issue certificates show the issuance of a certificate other than a certificate of…
- § 1228 An inmate of any state institution shall not be employed in the manufacture or production of any article intended for the private and personal use of any state…
- § 1228.5 The governing board of any local agency may grant to any employee of such local governmental agency, upon request, a leave of absence without pay of not to…
- § 1229 Any public officer who is charged with the custody of public records may take any action, including the transfer of such records to another place within the…
- § 1230 The governing body of a city, county, city and county, or political subdivision of the State may grant leaves of absence to employees to appear as a witness in…
- § 1230.1 Whenever any person who is an employee subject to the provisions of Section 1230, or an employee of the state, is served with a subpoena which compels his…
- § 1231 No state officer or employee shall be deemed to have a break in service or to have terminated his or her employment, for any purpose, nor to have incurred any…
- § 1231.1 Funds from each appropriation made in the budget act for any fiscal year may be expended to pay to officers and employees whatever salary that would have…
- § 1231.2 Funds from each appropriation made in the budget act for any fiscal year may be expended to pay any obligation incurred between the commencement of that fiscal…
- § 1233 Acting in accordance with Executive Order 11246 (30FR 12319), as amended, applicants for employment by, and incumbent employees of, public agencies may be…
- § 1234 No public officer while serving in any elective office in this state shall receive a retirement allowance which is based in whole or part upon service in that…
- § 1235 The salary of any elected public office shall not be reduced during an election year after any candidate for that particular office has filed the requisite… see note
- § 1236 (a) All city, county, city and county, and district employees that conduct audits or that conduct audit activities of those respective agencies shall conduct…
- § 1237 All state and local agencies with an aggregate spending of fifty million dollars ($50,000,000) or more annually shall consider establishing an ongoing audit…
- § 1238 Notwithstanding the provisions of Section 1236, if a city, county, city and county, or district determines that the implementation of any specific standard…
- § 1239 Notwithstanding the provisions of Section 1236, the Joint Legislative Audit Committee, may, by majority vote, grant a waiver to any agency that petitions the…
- § 1241 Whenever a section of the California Constitution uses both the terms “salary” and “compensation”, with respect to a public officer or employee, the terms…