SECTIONS 1360-1369 - California Statutes

GOVERNMENT CODE

SECTION 1360-1369

1360. Unless otherwise provided, 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.

1362. Unless otherwise provided, the oath may be taken before any
officer authorized to administer oaths.

1363. (a) Unless otherwise provided, every oath of office certified
by the officer before whom it was taken shall be filed within the
time required as follows:
(1) The oath of all officers whose authority is not limited to any
particular county, in the office of the Secretary of State.
(2) The oath of all officers elected or appointed for any county,
and, except as provided in paragraph (4), of all officers whose
duties are local, or whose residence in any particular county is
prescribed by law, in the office of the county clerk of their
respective counties.
(3) Each judge of a superior court, the county clerk, the
executive officer or court administrator of the superior court, and
the recorder shall file a copy of his or her official oath, signed
with his or her own proper signature, in the office of the Secretary
of State as soon as he or she has taken and subscribed his or her
oath.
(4) The oath of all officers for any independent special district,
as defined in Section 56044, in the office of the clerk or secretary
of that district.
(b) Every oath of office filed pursuant to this section with the
Secretary of State shall include the expiration date of the officer's
term of office, if any. In the case of an oath of office for an
appointed officer, if there is no expiration date set forth in the
oath, or the officer leaves office before the expiration date, the
appointing authority shall report in writing to the Secretary of
State the officer's date of departure from office.

1364. It is unlawful to remove a person from an office or position
of public trust because such person has not complied with any law,
charter, or regulation prescribing an additional test or
qualification for such office or position of public trust, other than
tests and qualifications provided for under civil service and
retirement laws, whenever such person:
(a) Holds the office or position of public trust, and
(b) Upon entering upon the office or position of public trust, has
taken, or after his election or appointment, has offered to take the
oath of office prescribed by this article.

1365. It is unlawful for any person having the power of removal
from office of any officer to remove or threaten to remove the
officer from his office because the officer, in the appointment of
any person to a position of public trust under himself, refuses to
require any additional test or qualification, other than the oath
prescribed by this article and tests and qualifications provided for
under civil service and retirement laws, as a condition of permitting
the appointee to enter upon or remain in the position of public
trust.

1366. Any officer or person who is removed or threatened with
removal from any office or position of public trust may bring an
action to restrain such unlawful removal or to enforce restoration by
process of injunction, both prohibitory and mandatory, if the real
reason for the removal or threat thereof is noncompliance with
provisions requiring such additional test or qualification or the
refusal to require any additional test or qualification in the
appointment to a position of public trust.

1367. No compensation nor reimbursement for expenses incurred shall
be paid to any officer by any public agency unless he has taken and
subscribed to the oath or affirmation required by this chapter.

1368. Every person who, while taking and subscribing to the oath or
affirmation required by this chapter, states as true any material
matter which he or she knows to be false, is guilty of perjury, and
is punishable by imprisonment in the state prison for two, three, or
four years.

1369. Every person having taken and subscribed to the oath or
affirmation required by this chapter, who while holding office,
advocates or becomes a member of any party or organization, political
or otherwise, that advocates the overthrow of the government of the
United States by force or violence or other unlawful means, is guilty
of a felony, and is punishable by imprisonment in the state prison.