Article 3 - Residence Restrictions and Absence from State

California Government Code — §§ 1060-1064

Sections (5)

§ 1060

Amended by Stats. 1984, Ch. 898, Sec. 1.

The following officers shall keep their offices in the City of Sacramento:

(a)The Governor.

(b)Secretary of State.

(c)Controller.

(d)Treasurer.

(e)Attorney General.

(f)Superintendent of Public Instruction.

(g)Justices of the Supreme Court.

(h)Clerk and reporters of the Supreme Court.

(i)Adjutant General.

§ 1061

Enacted by Stats. 1943, Ch. 134.

The director of each department who is a member of the Governor’s council shall reside at Sacramento.

§ 1062

Amended by Stats. 1979, Ch. 485.

No state or municipal officer shall absent himself from the state for more than 60 days, unless either:

(a)Upon business of the state, or the municipality,

(b)With the consent of the Legislature, or the governing body of the municipality.

The prohibition of this section shall not apply to the Governor, Lieutenant Governor, Secretary of State, Attorney General, Controller, Treasurer, Superintendent of Public Instruction, a Member of the State Board of Equalization, a Member of the State Personnel Board, or a Member of the Legislature; provided, no such person shall reside outside the state.

In the case of illness or other urgent necessity, and upon a proper showing thereof the time limited for absence from the state shall be extended by:

(a)The Governor in the case of state officers.

(b)The city council or other governing body of the municipality in the case of municipal officers.

§ 1063

Amended by Stats. 1965, Ch. 1384.

No officer of a county or judicial district shall absent himself from the state for more than 30 days unless either:

(a)Upon business for the state, county or judicial district,

(b)With the consent of the board of supervisors of the county.

In no case shall such officer absent himself from the state for more than two months without the consent of the board of supervisors, with the written approval of the Governor, nor shall such absence continue for a period exceeding six months in any one year.

This section does not apply to judicial officers.

§ 1064

Amended by Stats. 2011, Ch. 54, Sec. 1. (AB 334) Effective January 1, 2012.

No member of the governing board of a school district or a community college district shall be absent from the state for more than 60 days, except in any of the following situations:

(a)Upon business of the school district or community college district with the approval of the board.

(b)(1) With the consent of the governing board of the school district or community college district for an additional period not to exceed a total absence of 90 days.

(2)In the case of illness or other urgent necessity, and upon a proper showing thereof, the time limited for

absence from the state may be extended by the governing board of the school district or community college district.

(c)For federal military deployment, not to exceed an absence of a total of six months, as a member of the Armed Forces of the United States or the California National Guard. If the absence of a member of the governing board of a school district or community college district pursuant to this subdivision exceeds six months, the governing board may approve an additional six-month absence upon a showing that there is a reasonable expectation that the member will return within the second six-month period, and the governing board may appoint an interim member to serve in his or her absence. If two or more members of the governing board of a school district or community college district are absent by reason of the circumstances described in this subdivision, and those absences result in the inability to establish a quorum at a regular

meeting, the governing board may immediately appoint one or more interim members as necessary to enable the governing board to conduct business and discharge its responsibilities.

(d)The term of an interim member of the governing board of a school district or community college district appointed pursuant to subdivision (c) may not extend beyond the return of the absent member, nor may it extend beyond the next regularly scheduled election for that office.