Residence Restrictions and Absences from the State for Public Officers and Employees

The California Government Code imposes a number of residence restrictions on public officers and employees in Article 3 of Chapter 1 of Division 4 of Title 1, which was enacted in 1943. Government Code Section 1060 requires the following officers to keep their offices in the City of Sacramento:

• Governor
• Secretary of State
• Controller
• Treasurer
• Attorney General
• Superintendent of Public Instruction
• Justices of the Supreme Court
• Clerk and reporters of the Supreme Court
• Adjutant General

Government Code Section 1061 requires the directors of each department who are a member of the Governor’s Council to reside in Sacramento. Section 1062 prohibits any state or municipal officers from being absent from the state for more than 60 days, unless they are on official business or have the consent of the Legislature or governing body.

However, this prohibition does 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. Nonetheless, none of these individuals can reside outside the state.

Section 1063 prohibits any officer of a county or judicial district from being absent from the state for more than 30 days unless they are on official business or have the consent of the county board of supervisors. However, this section does not apply to judicial officers.

Section 1064 prohibits any member of the governing board of a school district or community college district from being absent from the state for more than 60 days, unless they are on official business with the approval of the board, or for federal military deployment (not to exceed six months).