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HomeGovernment CodeDiv. 4Ch. 2Art. 4§ 1364 Prohibition Removal Additional Tests

§ 1364 Prohibition Removal Additional Tests

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1364 Prohibition Removal Additional Tests

Key Takeaways

  • •You can't be fired from a government job just because you didn't pass an extra test or meet an extra rule that wasn't there when you started.
  • •This only applies if you already took the oath for your job or promised to take it after being hired.
  • •The extra test or rule must not be part of the normal civil service or retirement rules.

Example

A teacher gets hired by a public school and takes the required oath. Later, the school district says all teachers must pass a new test to keep their jobs.

The teacher can't be fired just for not passing this new test if it wasn't required when they started. The law protects them because they already took the oath and the new test isn't part of the normal hiring rules.

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

Official Source
View on CA.gov

§ 1364 Prohibition Removal Additional Tests

It is unlawful to remove a person from an office or position of public trust because such person has not complied with any law, charter, or regulation prescribing an additional test or qualification for such office or position of public trust, other than tests and qualifications provided for under civil service and retirement laws, whenever such person: (a) Holds the office or position of public trust, and (b) Upon entering upon the office or position of public trust, has taken, or after his election or appointment, has offered to take the oath of office prescribed by this article. (Enacted by Stats. 1943, Ch. 134.)

Last verified: January 22, 2026

Key Terms

unlawfuloffice or position of public trustadditional test or qualificationcivil service and retirement lawsoath of office

Related Statutes

  • § 1365 Prohibition Removal Threats Appointments
  • § 1363 Oath Filing Requirements
  • § 1366 Injunction Against Removal
  • § 1303 Unauthorized Public Office Exercise
  • § 1360 Oath Before Office Entry

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 1364.
View Official Source