GeneralMiscellaneous
Section § 1220
If a government officer is performing the duties of a different office than their regular position, they must sign and verify documents using the title of the office whose duties they are performing.
Section § 1221
This law states that unless there's another rule in place, the official seals used by certain executive officers will be the same seals they were using as of January 1, 1873.
Section § 1222
If a public officer or someone with a public job doesn't do a duty required by law and there's no specific punishment mentioned, it's considered a misdemeanor.
Section § 1223
This law allows state, county, judicial district, or city officers who are entitled to travel expenses to arrange with the appropriate authorities for a specific mileage rate or allowance. This can replace standard transportation costs for using their own or rented vehicles during their official duties.
Section § 1224
If a government officer in California spends their own money on postage for official duties, they can get that money back by submitting a claim following legal procedures.
Section § 1225
This law states that executive officers, judicial officers, and members of the legislature in California can administer and certify oaths. Former judges who have retired or resigned can also do so if they meet specific conditions. Additionally, rules about keeping Commission on Judicial Performance proceedings confidential shouldn't stop the commission from issuing a certificate as mentioned in this law.
Section § 1226
This law allows a public board or officer to issue a duplicate certificate if a certificate (not an acknowledgment certificate) has been lost or destroyed due to events like fires or disasters. The duplicate will mention that it replaces a lost or destroyed original, and it holds the same validity as the original.
Section § 1228
This law states that inmates in state institutions are not allowed to make products for the personal use of state officers or employees. However, they can repair items and do domestic work related to the institution.
Section § 1228.5
This law allows a local government agency in California to give an employee an unpaid leave of up to two years if they take a temporary job with the U.S. government to work on a technical cooperation program in a foreign country. After finishing this temporary job, and for three months afterwards, the employee is entitled to return to their old position.
Section § 1229
This law says that if there is a state of emergency or war emergency in California, any public officer who has public records can take steps to protect them. This could mean moving them to a safer place in the state.
Section § 1230
This law allows local government bodies, like cities or counties, to give their employees time off from work to participate in court-related duties. This includes serving on a jury, being a witness (not as someone involved in the court case), or responding to government orders that aren't due to the employee's own wrongdoing. Employees can be paid the difference between their regular wages and any fees they get for jury or witness duty.
Section § 1230.1
If a state employee in California is subpoenaed to appear as a witness and is not a party or expert witness, they can take paid leave. The amount they receive combines their regular pay minus what they earn from the appearance.
This paid leave does not apply if the appearance pays them more than their usual job does.
Section § 1231
This law ensures that state officers or employees don't experience any disruptions in their job status, authority, or salary if there's no budget passed before a new fiscal year starts. Even if someone starts working for the state after the fiscal year begins but before a budget is enacted, they are still recognized as a state officer or employee. The law makes sure that the absence of a budget act won't negatively affect their employment.
Section § 1231.1
This law says that if the budget for the year isn't finalized by July 1, funds can still be used to pay the salaries of officers and employees as if the budget had been passed by that date. It ensures their salaries aren't delayed due to late budget approval.
Section § 1231.2
This law allows state funds allocated in the budget to be used to cover expenses that occurred from the start of the fiscal year before the budget was officially approved, as long as those expenses would have been covered by the budget if it had been passed on time.
Any spending still needs to comply with the usual rules and conditions that would apply if the budget were already in place.
Section § 1233
In California, public agencies can ask job applicants and existing employees to voluntarily share their ethnic identity for research and statistical purposes only. However, this information cannot be used to discriminate in hiring or promotions, or to give preference to any ethnic, racial, or religious group. This sensitive information should be kept in a separate, private file, accessed only by authorized research personnel. The State Fair Employment Practice Commission must approve safeguards to prevent misuse.
'Public agency' includes all cities, counties, and districts within California.
Section § 1234
If someone is elected to a public office in California, they cannot receive a retirement allowance from their service in that specific role while they are still serving. During their time in office, the retirement payments are paused and will start again only after they leave the position. If they pass away while in office, their family will receive the usual survivor benefits. The rule applies to most public officers but not to retired judges who return to service. This law affects only those elected after this rule started.
Section § 1235
This law states that once someone has officially declared their candidacy for an elected public office during an election year, their salary cannot be decreased for that position.
Section § 1235
This law says that if someone receiving a public retirement allowance is charged with serious crimes related to their public duties, like taking bribes or stealing public money, and they leave the court's area when they're not supposed to, their retirement payments will be paused.
The suspension starts the month after the court tells the retirement system, and payments will resume when the court says the suspension is lifted. This law applies to all public officers, including state, county, and city officials, past and present.
Importantly, any survivor benefits aren't affected by this pause in payments.
Section § 1236
This law section outlines the standards that city, county, and district employees should follow when conducting audits. These standards are set by the Institute of Internal Auditors or the Government Auditing Standards, ensuring that auditors remain independent and carry out their work with care and skill. Audits must thoroughly examine the effectiveness of internal controls and the quality of agency performance. Audit tasks include planning, evaluating information, and reporting results. Importantly, this does not restrict auditors from following other applicable laws and regulations.
Section § 1237
This law requires state and local agencies in California that spend $50 million or more each year to think about setting up a regular audit process.
Section § 1238
This law allows local governments, like cities or counties, to decide if they want to implement certain standards listed in another section, Section 1236, only if it would cost more to do so than the savings they would gain. In simpler terms, if following a specific standard is too expensive and doesn't save enough money, the local government can choose not to follow it.
Section § 1239
This law allows the Joint Legislative Audit Committee to let a government agency bypass certain requirements if the agency requests it and the committee agrees by a majority vote. It’s basically a 'rule exception' that an agency can ask for.
Section § 1241
This section clarifies that when both "salary" and "compensation" are mentioned in the California Constitution regarding public officers or employees, the terms should be understood to mean only "salary".