SECTIONS 1220-1243 - California Statutes

GOVERNMENT CODE

SECTION 1220-1243

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 be in the name of the office the
duties of which he discharges.

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 is made for the punishment of
such delinquency, is punishable as a misdemeanor.

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 allowance or mileage rate for the use
of vehicles owned or rented and used by him in the performance of
duty, in lieu of the usual transportation charges.

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 be refunded to him by claim allowed in
accordance with law.

1225. Every executive and judicial officer and every Member of the
Legislature may administer and certify oaths.
A former judge of a court of record in this state who retired or
resigned from office, other than a judge who was retired by the
Supreme Court for disability, shall be deemed a judicial officer for
purposes of this section, if the former judge requests and receives a
certification from the Commission on Judicial Performance that there
was no formal disciplinary proceeding pending at the time of
retirement or resignation. Where no formal disciplinary proceeding
was pending at the time of retirement or resignation, the Commission
on Judicial Performance shall issue the certification. No law, rule,
or regulation regarding the confidentiality of proceedings of the
Commission on Judicial Performance shall be construed to prohibit the
Commission on Judicial Performance from issuing a certificate as
provided for in this section.

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 acknowledgment and it appears by
affidavit that the certificate has been lost or destroyed by
conflagration or other public calamity, the board or officer may
issue a duplicate of the certificate. The duplicate shall recite the
issuance and loss or destruction of the original and has the same
force as the original.

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 officer or any officer or employee of
any state institution. This section does not prohibit repairing of
any kind nor the employment of such inmate in household or domestic
work connected with the institution.

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 exceed two years to accept a temporary
position with the United States Government for service in a foreign
country in a technical co-operation program, and upon termination of
such service, and for three months thereafter, such employee shall
have the right to be restored to his former position.

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 state, necessary for the safekeeping of
such records during any duly proclaimed state of war emergency or
state of emergency pursuant to Chapter 7 (commencing with Section
8550) of Division 1 of Title 2 of the Government Code.

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 court other than as a litigant,
to serve on a jury, or to respond to an official order from another
governmental jurisdiction for reasons not brought about through the
connivance or misconduct of the employee. The governing body may
grant such leaves of absence with pay up to the amount of the
difference between the employee's regular earnings and any amount he
receives for jury or witness fees.

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 presence as a witness, unless he is
a party or an expert witness, such employee shall be granted a leave
of absence with pay in the amount of the difference between the
employee's regular earnings and any amount he receives for such
appearance.
This section shall not be applicable to appearances for which the
employee receives compensation in excess of his regular earnings.

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 change in his or her authority,
status, or jurisdiction or in his or her salary or other conditions
of employment, solely because of the failure to enact a budget act
for a fiscal year prior to the beginning of that fiscal year.
A person entering state service on or after the beginning of a
fiscal year and before the effective date of the budget act for that
fiscal year and who otherwise is a state officer or employee, shall
be deemed a state officer or employee from the time he or she entered
state service, notwithstanding the failure to enact a budget act for
that fiscal year.

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 otherwise been received had the
budget act been adopted on or prior to July 1 of that fiscal year.

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 year and the effective date
of the budget act for that fiscal year, which would otherwise have
been authorized by the budget act of that year had that act been
adopted on or prior to July 1 of that year, subject to the same
limitations, conditions, and requirements.

1233. Acting in accordance with Executive Order 11246 (30FR 12319),
as amended, applicants for employment by, and incumbent employees
of, public agencies may be solicited to voluntarily declare their
ethnic identification, provided this information shall be used for
research and statistical purposes only. Notwithstanding the
provisions of this section, it shall be unlawful, for purposes of any
appointment, hiring, or promotion, to use this information to
discriminate against a prospective or incumbent employee or to give
preference to a person identified as a member of an ethnic, racial,
or religious group upon the basis of such membership or
identification.
A separate or tear-off portion of the application shall be written
and shall be kept in a separate nonpublic file, accessible only to
those charged by the personnel director with research responsibility,
for the purpose of discharging that responsibility. The separate
sheet or tear-off may contain a number to be used as a cross index to
the application. Safeguards to prevent misuse of the information
shall be approved by the State Fair Employment Practice Commission,
including the point in time at which the separate sheet or tear-off
portion of the application shall be maintained in separate nonpublic
file. As used in this section, "public agency" means every city,
county, and city and county whether chartered or not and every
district.

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 elective office.
The monthly retirement allowance shall be suspended during the
period of such service and shall resume upon discontinuance of such
service. Any retired person who renders such service shall not
acquire any additional retirement rights or benefits thereunder
because of such service. In the event that the retired person dies
while rendering such service, his survivors shall receive the
benefits provided by the system for the survivors of retired persons.
"Public officer" for purposes of this section includes every
officer of the state, and every officer of a county, city, city and
county, district, and authority, and each department, division,
bureau, board, commission, agency, or instrumentality of any of the
foregoing. "Public officer" shall not include a retired judge while
serving under assignment by the Chairman of the Judicial Council.
This section shall only be applicable to persons elected to public
office after its effective date.

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 forms declaring his or her candidacy
for that particular office.

1235. (a) Any person who is receiving an allowance from a public
retirement system, who is charged by indictment or complaint, either
in a court of this state or a federal court whose jurisdiction
encompasses all or any portion of the state, with the commission of
any felony involving or accepting or giving, or offering to give, any
bribe, the embezzlement of public money, extortion or theft of
public money, perjury, or conspiracy to commit any of those crimes
arising directly out of his or her official duties as a public
officer, who has a legal obligation not to leave the jurisdiction of
the court, but does leave, shall have his or her retirement allowance
suspended while absent the jurisdiction of the court.
(b) The suspension shall be effective the first of the month
following the month in which the court notifies the retirement
system. The suspension shall be in effect until the retirement system
is notified by the court. Upon notification by the court that the
suspension has been lifted, the retirement system shall commence
payment of the retirement allowance payable and make a onetime
payment of the amount payable that had been suspended.
(c) "Public officer," for the purposes of this section, means
every officer of the state, and every officer of a county, city, city
and county, district, and authority, and each department, division,
bureau, board, commission, agency, or instrumentality of any of these
entities.
(d) The suspension shall not affect the payment of any survivor's
benefits by the retirement system.
(e) This section shall apply to persons who served in a public
office prior to January 1, 1995, as well as to all persons who serve
in a public office on or after January 1, 1995.

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 their work under the general and
specified standards prescribed by the Institute of Internal Auditors
or the Government Auditing Standards issued by the Comptroller
General of the United States, as appropriate. The standards generally
provide as follows:
(1) That auditors should be independent of the activities they
audit.
(2) That audits should be performed with proficiency and due
professional care.
(3) That the scope of the audit should encompass the examination
and evaluation of the adequacy and effectiveness of the organization'
s system of internal control and the quality of performance in
carrying out assigned responsibilities.
(4) That audit work should include planning the audit, examining
and evaluating information, communicating results, and following up.
(5) That the chief auditor should properly manage the auditing
department.
(b) Nothing in this section is intended to limit the rights or
obligations of auditors to conduct audits and audit activities in
accordance with other laws and regulations that may apply to a
particular entity, as appropriate.

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 function.

1238. Notwithstanding the provisions of Section 1236, if a city,
county, city and county, or district determines that the
implementation of any specific standard enumerated in Section 1236
would result in net additional costs which exceed any potential
savings, the governing body of that city, county, city and county, or
district shall have the option to determine whether or not to
implement the specified 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 committee from compliance with any
standard prescribed in Section 1236.

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 shall be construed to apply only to
salary.

1243. (a) This section shall apply to any elected public officer
who takes public office, or is reelected to public office, on or
after January 1, 2006.
(b) If an elected public officer is convicted during or after
holding office of any felony involving accepting or giving, or
offering to give, any bribe, the embezzlement of public money,
extortion or theft of public money, perjury, or conspiracy to commit
any of those crimes arising directly out of his or her official
duties as an elected public officer, he or she shall forfeit all
rights and benefits under, and membership in, any public retirement
system in which he or she is a member, effective on the date of final
conviction.
(c) The elected public officer described in subdivision (b) shall
forfeit only that portion of his or her rights and benefits that
accrued on or after January 1, 2006, on account of his or her service
in the elected public office held when the felony occurred.
(d) Any contributions made by the elected public officer described
in subdivision (b) to the public retirement system that arose
directly from or accrued solely as a result of his or her forfeited
service as an elected public officer shall be returned, without
interest, to the public officer.
(e) The public agency that employs an elected public officer
described in subdivision (b) shall notify the public retirement
system in which the officer is a member of the officer's conviction.
(f) An elected public officer shall not forfeit his or her rights
and benefits pursuant to subdivision (b) if the governing body of
the elected public officer's employer, including, but not limited to,
the governing body of a city, county, or city and county, authorizes
the public officer to receive those rights and benefits.
(g) For purposes of this section, "public officer" means an
officer of the state, or an officer of a county, city, city and
county, district, or authority, or any department, division, bureau,
board, commission, agency, or instrumentality of any of these
entities.
(h) This section applies to any person appointed to service for
the period of an elected public officer's unexpired term of office.