Chapter 2. Oaths For State Employees of California Government Code >> Division 5. >> Title 2. >> Part 1. >> Chapter 2.
The oath required by this chapter is the oath set forth in
Section 3 of Article XX of the Constitution of California.
If the provisions of this chapter 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,
the memorandum of understanding shall be controlling without further
legislative action, except that if such 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.
The oath required by this chapter shall be taken and
subscribed by:
(a) Every person who is appointed to a State position not in the
State civil service and not otherwise so required by law, within 30
days of the date of appointment; and
(b) Every person who has not previously taken and subscribed the
oath and who is employed in a permanent position in the State civil
service where the employment continues for 30 days or more, within
the first 30 days of his employment.
The method and manner of taking, subscribing, and filing the
oath by a person appointed to a State position not in the State
civil service shall be as provided in Article 4, Chapter 2, Division
4, Title 1.
The oath shall be taken by a state civil service employee
before his appointing power or before any person authorized in
writing by his appointing power or before any person authorized by
law to administer oaths.
The oath shall be filed as prescribed by State Personnel Board
rule within 30 days of the date on which it is taken and subscribed.
The board shall prepare and furnish printed forms of the oath.
Any person who is appointed to a State position not in the
State civil service and who fails to take the oath required by this
chapter within the time provided forthwith forfeits his right to his
position, and the position shall be considered vacant.
The failure of any person who is appointed to a permanent
position in the State civil service to take and subscribe the oath
within the time provided in this chapter, is a cause for dismissal by
the State Personnel Board.
Each civil service employee who takes, subscribes and files
the oath within the time prescribed by Section 18151 is conclusively
presumed to have been and to be legally holding his position as far
as laws requiring him to take, subscribe, or file an oath are
concerned.
Every appointing power shall notify every new civil service
employee immediately following his appointment of the provisions of
this chapter that are applicable to the employee.
No fee shall be charged by any person before whom the oath
is taken and subscribed.