SECTIONS 1500-1505 - California Statutes

GOVERNMENT CODE

SECTION 1500-1505

1500. All official bonds shall be made payable to the State of
California in such penalty and with such conditions as required by
this article, or the law creating or regulating the duties of the
office.

1501. The condition of an official bond shall be that the principal
will well, truly, and faithfully perform all official duties then
required of him by law, and also all such additional duties as may be
imposed on him by any existing law of the State or law enacted
subsequently to the execution of the bond.

1504. Every official bond executed by any officer pursuant to law
is in force and obligatory upon the principal and sureties therein
for:
(a) Any and all breaches of the conditions thereof committed
during the time such officer continues to discharge any of the duties
of or hold the office, and whether such breaches are committed or
suffered by the principal officer, his deputy, or clerk except that
no officer of a county, city, or city and county, whose sole
compensation by virtue of his office is a fixed salary established by
the Legislature, the local governing body, or the board of
supervisors, shall be personally liable for the negligent act or
omission of any deputy or employee serving under him and performing
the duties of his office, where the appointment or qualification of
such deputy or employee is required to be and has been approved by
the local governing body or the board of supervisors, or by the civil
service commission, unless the officer failed to exercise due care
in the selection appointment or supervision of such deputy or
employee, or negligently failed to suspend or secure the discharge of
such deputy or employee after knowledge or notice of his
inefficiency or incompetency, and except that no state officer shall
be personally liable for the negligent act or omission of any deputy
or employee serving under him and performing the duties of his
office, where the appointment or qualification of such deputy or
employee is required to be and has been approved by the State
Personnel Board, unless such officer failed to exercise due care in
the selection, appointment, or supervision of such deputy or
employee, or negligently failed to suspend or secure the discharge of
such deputy or employee after knowledge or notice of his
inefficiency or incompetency.
Nothing in this section shall be interpreted as placing any
liability upon the principal officer for the act of a deputy or
employee unless such liability is otherwise imposed upon the
principal officer by law, nor shall this section be construed or
interpreted as releasing or relieving any such county, city, or city
and county of any liability for the negligent act or omission of any
such deputy or employee otherwise imposed by law.
(b) The faithful discharge of all duties which may be required of
such officer by any law enacted subsequently to the execution of the
bond.

1505. Whenever, except in criminal prosecutions, any special
penalty, forfeiture, or liability is imposed on any officer of a
county or judicial district for nonperformance or malperformance of
official duties, the liability therefor attaches to the official bond
of the officer, and to the principal and sureties thereon.