§ 1504 Official Bond Liability Scope

Key Takeaways

•If a government worker (like a mayor or police chief) has a bond (a promise to do their job right), they and anyone who promised to pay if they mess up (sureties) are responsible for any mistakes made while they're in office.
•If a worker under them (like a deputy or clerk) makes a mistake, the boss isn't automatically responsible unless they were careless in picking, watching, or firing that worker after knowing they were bad at their job.
•The boss isn't responsible for mistakes made by workers who were properly approved by the right people (like a city council or a personnel board), unless the boss didn't do their job in managing them.
•The bond also covers any new duties the worker gets after the bond was made.

Example

A city manager hires a new employee to handle money for the city. That employee was approved by the city council. Later, the employee steals money from the city.

The city manager isn't automatically in trouble just because their employee stole money. But if the manager knew the employee was bad with money and didn't do anything about it, then the manager could be responsible. The bond they signed when they took the job covers this kind of problem.

Every official bond executed by any officer pursuant to law is in force and obligatory upon the principal and sureties therein for: (a) Any and all breaches of the conditions thereof committed during the time such officer continues to discharge any of the duties of or hold the office, and whether such breaches are committed or suffered by the principal officer, his deputy, or clerk except that no officer of a county, city, or city and county, whose sole compensation by virtue of his office is a fixed salary established by the Legislature, the local governing body, or the board of supervisors, shall be personally liable for the negligent act or omission of any deputy or employee serving under him and performing the duties of his office, where the appointment or qualification of such deputy or employee is required to be and has been approved by the local governing body or the board of supervisors, or by the civil service commission, unless the officer failed to exercise due care in the selection appointment or supervision of such deputy or employee, or negligently failed to suspend or secure the discharge of such deputy or employee after knowledge or notice of his inefficiency or incompetency, and except that no state officer shall be personally liable for the negligent act or omission of any deputy or employee serving under him and performing the duties of his office, where the appointment or qualification of such deputy or employee is required to be and has been approved by the State Personnel Board, unless such officer failed to exercise due care in the selection, appointment, or supervision of such deputy or employee, or negligently failed to suspend or secure the discharge of such deputy or employee after knowledge or notice of his inefficiency or incompetency. Nothing in this section shall be interpreted as placing any liability upon the principal officer for the act of a deputy or employee unless such liability is otherwise imposed upon the principal officer by law, nor shall this section be construed or interpreted as releasing or relieving any such county, city, or city and county of any liability for the negligent act or omission of any such deputy or employee otherwise imposed by law. (b) The faithful discharge of all duties which may be required of such officer by any law enacted subsequently to the execution of the bond. (Amended by Stats. 1957, Ch. 1642.)

Key Takeaways

•If a government worker (like a mayor or police chief) has a bond (a promise to do their job right), they and anyone who promised to pay if they mess up (sureties) are responsible for any mistakes made while they're in office.
•If a worker under them (like a deputy or clerk) makes a mistake, the boss isn't automatically responsible unless they were careless in picking, watching, or firing that worker after knowing they were bad at their job.
•The boss isn't responsible for mistakes made by workers who were properly approved by the right people (like a city council or a personnel board), unless the boss didn't do their job in managing them.
•The bond also covers any new duties the worker gets after the bond was made.

Example

A city manager hires a new employee to handle money for the city. That employee was approved by the city council. Later, the employee steals money from the city.

Key Takeaways

Example

Key Terms

References

§ 1504 Official Bond Liability Scope

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References