Public Officers and EmployeesObtaining Possession of Office
Section § 1850
If you're an officer, you have the right to access and hold onto any books and papers related to your job. This includes documents that were with the previous person who held your position.
Section § 1851
If someone, even a person who previously held the position, fails to hand over required books or papers to the current person in the role, the current person can turn to the court for help. They can file a petition in a court located in the county where the uncooperative person lives, or with a local superior court judge.
Section § 1852
This law states that when a person requests certain documents or books through the court, the judge will quickly hear both sides' arguments and evidence. After this, the judge will decide if the documents should be given to the person who asked for them.
Section § 1853
This law explains how to enforce the handover of books and papers. If the person involved doesn’t cooperate, the court can use certain methods to ensure compliance. First, the person can be treated like a witness who isn’t showing up, through a process called 'attachment'. Second, the petitioner can ask for the sheriff to be involved, issuing a warrant for the sheriff to find, seize, and give those books and papers to the petitioner.
Section § 1854
This law states that if someone knowingly and intentionally takes over a public office without being elected or appointed, or if a person continues to perform the duties of their public office after their term has ended and a new person is in place, they are committing a misdemeanor.
Section § 1855
This law states that any officer who loses their job, whether because it was abolished, their term ended, they resigned, or were removed, cannot intentionally do anything unlawful with the office's records or property. Specifically, they cannot destroy, take, or hide important documents or property from their successor or the rightful owner. If they do, they may face imprisonment.