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Nominations and Commissions by the Governor

Government Code requires nominations made by the Governor to the Senate to be in writing

By Chris Micheli, January 13, 2020 2:05 am

California’s Government Code Title 1, Division 4, Chapter 2, Article 2 provides for nominations by the Governor.

Government Code Section 1320 requires nominations made by the Governor to the Senate to be in writing, designating the residence of the nominee and the office for which the individual is nominated. Section 1321 requires the Secretary of the Senate, when the Senate agrees with a nomination, to deliver a copy of the resolution of concurrence to the Secretary of State and a copy to the Governor.

Section 1322 specifies 28 officers that are subject to confirmation by the Senate. Section 1323 provides that any officer or any member of a board or commission whose salary is provided in the Government Code related to “salaries of specified positions” is subject to confirmation by the Senate.

California’s Government Code Title 1, Division 4, Chapter 2, Article 3 provides for commissions by the Governor.

Government Code Section 1340 requires the Governor to commission all officers elected by the Legislature, all officers of the militia, and all officers appointed by the Governor. Section 1341 specifies that the commissions of all officers commissioned by the Governor are to be issued in the name of the people of the State. They are signed by the Governor and attested to by the Secretary of State.

Section 1342 requires that the commissions of all other officers, where no special provision is made by law, are to be signed by the presiding officer of the body or by the person making the appointment.

Chris Micheli

Chris Micheli is a lobbyist with Aprea & Micheli, as well as an Adjunct Professor of Law at the University of the Pacific McGeorge School of Law.
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