Section § 24100

Explanation

If any law gives power or responsibilities to a principal officer, that also applies to the officer's deputies.

Whenever the official name of any principal officer is used in any law conferring power or imposing duties or liabilities, it includes deputies.

Section § 24101

Explanation

This law says that county or district officials, excluding supervisors and judges, can hire as many deputies as needed to help them do their jobs efficiently and effectively.

Every county or district officer, except a supervisor or judicial officer, may appoint as many deputies as are necessary for the prompt and faithful discharge of the duties of his office.

Section § 24102

Explanation

This law sets out the requirements for a person appointed as a deputy in a county. Before starting, the appointee's written appointment must be filed with the county clerk, and possibly with the county auditor, if requested. The appointee must also take an oath of office. If a deputy legally changes their name, authority, or department, the county board of supervisors can require them to file a new appointment within ten days. The county keeps records of these filings, which are public records. Revoking a deputy's appointment should follow the same filing procedure as the appointment. Additionally, a deputy's oath of office can be destroyed five years after the revocation of their appointment.

(a)CA Government Code § 24102(a) An appointee shall not act as deputy until:
(1)CA Government Code § 24102(a)(1) A written appointment by the deputy’s principal is filed with the county clerk.
(2)CA Government Code § 24102(a)(2) A copy of the appointment is filed with the county auditor, if the auditor has so requested.
(3)CA Government Code § 24102(a)(3) The deputy has taken the oath of office.
(b)CA Government Code § 24102(b) In its discretion, the board of supervisors of a county may require every appointed deputy of that county who legally changes their name, delegated authority, or department, within 10 days from the date of the change, to file a new appointment in the same manner as the original filing. The county may maintain a record of each person so required to file a new oath of office indicating whether or not the person has complied. Any record maintained pursuant to this subdivision is a public record subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1).
(c)CA Government Code § 24102(c) A revocation of the appointment of any deputy shall be made and filed in the same manner as the appointment.
(d)CA Government Code § 24102(d) Five years after the date of revocation of appointment of a deputy, the written oath of office subscribed to by the deputy may be destroyed and no reproduction thereof need be made or preserved.

Section § 24104

Explanation

If you are a county officer, you generally cannot be appointed or work as a deputy for another county officer in the same county if you are receiving payment, unless your monthly pay is less than $150.

A county officer shall not be appointed or act as a deputy of another officer of the same county for compensation, except if his pay is less than one hundred fifty ($150) a month.

Section § 24105

Explanation

If a county officer's position is empty, someone next in line—like a deputy or assistant—can temporarily take over the job. They will have the same powers and responsibilities until someone permanently fills the position. If the sheriff's role is vacant, an undersheriff steps in, or if they're unavailable, an assistant sheriff or then a chief deputy takes over.

If the office of any of the county officers enumerated in Section 24000 of this code is vacant the duties of such office may be temporarily discharged by a chief deputy, assistant or deputy of such officer, as the case may be, next in authority to such county officer in office at the time the vacancy occurs, with like authority and subject to the same obligations and penalties as such county officer, until the vacancy in the office is filled in the manner provided by law; provided that if the vacancy occurs in the office of sheriff, the duties of such office shall be discharged by the undersheriff, or if that position is vacant, by the assistant sheriff, or if that position is also vacant, by the chief deputy next in line of authority.