MEETING DATE: 3/14/2017
DEPARTMENT: COUNTY CLERK-AUDITOR-RECORDER ELECTIONS
DEPT HEAD/DIRECTOR: Joe Paul Gonzalez
AGENDA ITEM PREPARER: Joe Paul Gonzalez
SBC DEPT FILE NUMBER: 285
SUBJECT:
COUNTY CLERK-AUDITOR-RECORDER-ELECTIONS DEPARTMENT - J. P. GONZALEZ
The Senate Governance & Finance Committee will author the "Local Government Omnibus Act of 2017" which proposes numerous relatively minor, noncontroversial changes to the laws affecting local agencies' powers and duties when signed into law by Governor Jerry Brown, the omnibus bill will take effect on January 1, 2018; authorize Chairman to execute a letter of support for one of the provisions in Senate Bill 205, the Local Government Omnibus Act of 217; specifically, to support the proposed amendment to Government Code 1360 that would clarify the requirement of public officers to take an oath of office following election or appointment.
SBC FILE NUMBER: 285
AGENDA SECTION:
CONSENT AGENDA
BACKGROUND/SUMMARY:
Each year officials discover problems with the state statues that affect counties, cities, special districts, and redevelopment agencies,as well as the laws on land use planning and development. These minor problems do not warrant separate (and expensive) bills. Therefore, the provisions correcting the minor problems are grouped together in one "omnibus" bill.
Currently written laws are not specific whether an elected official is required to take the Oath of Office after they have been elected or if the Oath of Office subscribed at the time of filing satisfies the Constitutional Oath requirement. Article XX, Section 3 of the California Constitution requires candidates to take the oath of office at the time they file their candidacy for an elected office (Elections Code §200). Article XX, Section 3 of the California Constitution and Government Code §1360 also require all public officers and government employees to take the oath of office before entering the duties of their office.
To clarify when an oath of office is required, the proposed bill would require public officers to take an oath of office following election or appointment. [See SEC. 2 of the proposed bill.] The proposed amendment to Government Code §1360 included in Local Government Omnibus Act of 2017, Senate Bill 205, is recommended for passage and includes the following proposed clarification to Government Code Section 1360:
"Unless otherwise provided, AND FOLLOWING ELECTION OR APPOINTMENT, before any officer enters on the duties of his office, he shall take and subscribe the oath or affirmation set forth in Section 3 of Article XX of the Constitution of California.
BUDGETED:
No