DATE: February 28, 2017
TO: Board of Supervisors
SUBMITTED BY: Brandi L. Orth
Fresno County Clerk/Registrar of Voters
SUBJECT: Letter of Support for Proposed Amendment to Government Code ?1360
RECOMMENDED ACTION(S):
TITLE
Authorize Chairman to execute a letter of support for one of the provisions in Senate Bill 205, the Local Government Omnibus Act of 2017; specifically, to support the proposed amendment to Government Code ?1360 that would clarify the requirement of public officers to take an oath of office following election or appointment.
REPORT
The Senate Governance & Finance Committee will author the "Local Government Omnibus Act of 2017" which proposes numerous relatively minor, noncontroversial changes to the laws affecting local agencies' powers and duties. When signed into law by Governor Jerry Brown, the omnibus bill will take effect on January 1, 2018.
ALTERNATIVE ACTION(S):
Your Board could opt not to approve the letter of support; however, this will result in continued ambiguity regarding when to take an oath of office and potential litigation.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action.
DISCUSSION:
Each year officials discover problems with the state statutes that affect counties, cities, special districts, and redevelopment agencies, as well as the laws on land use planning and development. These minor problems do not warrant separate (and expensive) bills. Therefore, the provisions correcting the minor problems are grouped together in one "omnibus" bill.
Current law requires candidates for elected office to take the oath of office prescribed by Article XX, Section 3 of the California Constitution at the time they file their candidacy for a primary, general or final election (Elections Code ?200). Article XX, Section 3 of the California Constitution and Government Code ?1360 also requires all public officers and employees to take the oath of office before entering the duties of th...
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