Section 395.8 Of Chapter 7. Privileges And Penalties From California Military And Veterans Code >> Division 2. >> Part 1. >> Chapter 7.
395.8
. Any officer, elective or otherwise, who leaves or shall have
left the service of any city in order to enter upon active service
with the armed forces of the United States shall be reinstated and
restored to his office upon his discharge or release from such active
service with the armed forces; provided, such discharge or release
is prior to the expiration of the term for which he has been elected
or appointed.
The rights created by this section shall have no application to
any officer who shall have been dishonorably discharged or released
from such armed forces, or shall have been so mentally or physically
disabled as to be incapable of performing the duties of his office or
shall fail to present himself to the legislative body or other
appointing authority of such city ready and willing to assume the
duties of his office, within six months from the time of his
discharge or release from active service with the armed forces.
The office from which such officer absents himself to enter upon
active service with the armed forces shall not be considered to be
vacant but the legislative body or other appointing authority, as the
case may be, may appoint an officer to temporarily replace any such
officer so absenting himself to enter upon active service with the
armed forces. Such temporary officers shall have all of the powers
and duties of the office to which he may be temporarily appointed and
shall hold said office until the expiration of the term thereof or
until the officer returns from service with the armed forces,
whichever event first occurs.