During any war emergency, the legislative body, by a four-fifths vote, may provide for the emergency employment of any person to fill any office or position in the city. The legislative body first shall find that national mobilization of trained manpower makes it impracticable for the city to recruit personnel pursuant to normal standards established for such office or position. Such person shall not be subject to the requirements, regulations, and qualifications of the personnel, merit, or civil service system adopted by the city.
Civil ServiceEmergency Appointments
Section § 45080
This law says that during a war emergency, a city's legislative body can temporarily hire people to fill city jobs with a four-fifths majority vote. They must first determine that it's difficult to recruit normal staff due to national mobilization for the war. The people hired this way won't have to meet the usual city employee requirements or go through the regular hiring processes.
war emergency emergency employment city hiring
Section § 45081
If someone is given a job as an emergency appointee, they don't gain any long-term or civil service status just from that temporary appointment.
An emergency appointee does not acquire civil service or other permanent status because of the emergency appointment.
emergency appointment civil service status permanent status
Section § 45082
This law allows a legislative body to set rules for emergency appointees, who are chosen from an eligible list and qualify for permanent positions, to gain specific rights through regulations the legislative body creates.
The legislative body may provide that an emergency appointee selected from an eligible list who is otherwise eligible for permanent appointment may acquire such rights as are expressly provided for under regulations which it may adopt.
emergency appointee eligible list permanent appointment
Section § 45083
This section defines the term "war" for the purposes of the chapter it's in. "War" means when Congress officially declares war and continues for a year after the President announces the end of fighting. It also includes when the President declares a national emergency.
As used in this chapter the word “war” shall mean:
(a)CA Government Code § 45083(a) Whenever Congress has declared war and for one year after the termination of hostilities therein as proclaimed by the President of the United States;
(b)CA Government Code § 45083(b) Whenever the President of the United States has proclaimed the existence of a national emergency.
Congress declared war termination of hostilities President proclamation
