Section 395.3 Of Chapter 7. Privileges And Penalties From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 7.
395.3
. In the event that any public officer or employee has
resigned or resigns his or her office or employment to serve or to
continue to serve in the Armed Forces of the United States or in the
militia of this state, he or she shall have a right to return to and
reenter the office or employment prior to the time at which his or
her term of office or his or her employment would have ended if he or
she had not resigned, on serving a written notice to that effect
upon the authorized appointing power, or if there is no authorized
appointing power, upon the officer or agency having power to fill a
vacancy in the office or employment, within six months of the
termination of his or her active service with the Armed Forces;
provided, that the right to return and reenter upon the office or
position shall not extend to or be granted to any public officer or
employee, who shall fail to return to and reenter upon his or her
office or position within 12 months after the first date upon which
he or she could terminate or could cause to have terminated his or
her active service with the Armed Forces of the United States or of
the militia of this state.
As used in this section, "public officers and employees" includes
all of the following:
(a) Members of the Senate and of the Assembly.
(b) Justices of the Supreme Court and the courts of appeal, judges
of the superior courts, and all other judicial officers.
(c) All other state officers and employees not within Chapter 11
(commencing with Section 19770) of Part 2 of Division 5 of Title 2 of
the Government Code, including all officers for whose selection and
term of office provision is made in the California Constitution and
laws of this state.
(d) All officers and employees of any county, city and county,
city, township, district, political subdivision, authority,
commission, board, or other public agency within this state.
The right of reentry into public office or employment provided for
in this section shall include the right to be restored to the civil
service status as the officer or employee would have if he or she had
not so resigned; and no other person shall acquire civil service
status in the same position so as to deprive the officer or employee
of his or her right to restoration as provided for herein.
This section shall be retroactively applied to extend the right of
reentry into public office or employment to public officers and
employees who resigned prior to its effective date.
This section does not apply to any public officer or employee to
whom the right to reenter public office or employment after service
in the Armed Forces has been granted by any other provision of law.
If any provision of this section, or the application of this
section to any person or circumstance, is held invalid, the remainder
of this section, or the application of this section to persons or
circumstances other than those as to which it is held invalid, shall
not be affected thereby.
If the provisions of this section are in conflict with the
provisions of a memorandum of understanding reached pursuant to
Chapter 12 (commencing with Section 3560) of Division 4 of Title 1 of
the Government Code, the memorandum of understanding shall be
controlling without further legislative action, except that if the
provisions of a memorandum of understanding require the expenditure
of funds, the provisions shall not become effective unless approved
by the Legislature in the annual Budget Act.