§ 3038 Temporary Officer Replacement Process

Government Code·California

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Key Takeaways

•If a government officer (not the Governor) is temporarily suspended, the Governor picks someone to fill their spot for a little while.
•The Governor needs the Senate to agree with the pick.
•The temporary person stays until the suspended officer is found not guilty or until the next election if they are removed.

Example

Imagine the Mayor of a big city is accused of doing something wrong and gets suspended.

The Governor will choose someone to be the temporary Mayor until the suspended Mayor is proven innocent or until the next election if they are removed from the job. The Governor must get the Senate's approval for this temporary pick.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 3038 Temporary Officer Replacement Process

Upon temporary suspension of any officer other than the Governor, his office shall at once be temporarily filled by an appointment made by the Governor, with the advice and consent of the Senate. The office shall be filled by the appointee until the acquittal of the party impeached or, in case of his removal, until the vacancy is filled at the next election. (Enacted by Stats. 1943, Ch. 134.)

Last verified: January 22, 2026

Key Terms

governor pension election position appointment

References

Official text at leginfo.legislature.ca.gov
California Legislature. Government Code. Section 3038.

Key Takeaways

Example

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Key Takeaways

Example

Key Terms

Related Statutes

References