The City Of Fountain Valley, California
Mr. Mayor…Our local Police Department?
 California Government Code § 1360 is titled “Necessity of taking constitutional oath.”  California Government Code § 1450: Unless otherwise provided, every official bond shall be filed in the proper office within the time prescribed for filing the oath. California Government Code § 1463, Insurance policies, 2nd sentence states: “An insurance policy procured pursuant to this section may be used as a master bond as though it were an official bond, subject to approval of the appointing power or the legislative body as provided in Section 1481.” Section 1481, titled “Master Bonds,” found in Government Code Title 1, Article 2, has the heading: “BONDS NOT REQUIRED BY STATUTE.” Section 1481(a) states: “When deemed expedient by the appointing power, a master official bond or other form of master bond may be used which shall provide coverage on more than one officer, employee, or agent who is required by the appointing power or the board of supervisors of a chartered or general law county to give bond.” Section 1481(c) states: “’Legislative body’ means the board of supervisors of a county or city, or the governing board by whatever name called of a local public agency.”
West’s Ann.Cal.Gov. Code § 1458, Notes of Decisions #1, Master bond, states, in part: “Master or blanket bond cannot be used to cover elected county officials who are required to furnish bond, but it may be used by appointing, power, the elected county officials, to cover deputies or clerks or by board of supervisors to cover county employees appointed by board …” 11 Op. Atty. Gen 159 (1948).
West’s Ann.Cal.Gov. Code § 1360, Notes of Decisions #6, Failure to take oath or give bond, at 2nd paragraph states: “Until an officer-elect takes the oath of office and gives bonds according to law, he is not authorized to discharge the duties of the office and if he fails to do so within the time prescribed by law, the office becomes vacant.” Note #8, Presumptions, states: “The fact that a claimant of office is acting as such under a certificate of election thereto raises the presumption the he has executed his bond and taken the oath of office.”
West’s Ann.Cal.Gov. Code § 1363, Notes of Decisions #1, Additional term of office, states: “Where an officer was elected for a new term, he was required to give a new bond.” Note #2, Judges, states: “Judges of justice courts must file official bonds, but municipal court judges are not required to do so.” Note #5, Separate offices, states: “In the absence of a statute expressly to the contrary, a person holding two separate offices was required to give to separate official bonds.”
California Government Code § 1458 reads: “The bonds of supervisors, treasurers, county clerks, auditors, sheriffs, tax collectors, district attorneys, recorders, assessors, surveyors, superintendents of schools, public administrators, coroners, and constables shall be approved by the presiding judge of the superior court before the bonds can be recorded and filed.”
The following sections of the Political Code of California (1872, 1884, 1905, & 1937), which set forth requirements for bonds of public officers, have not been repealed: 909, 948, 949, 951, 952, 953, 957, 971, & 975; section 975 is titled “Office declared vacant for want of official bond.”
California Government Code sections 1451, 1452, 1453, 1454, 1455, 1456, 1457, 1458, 1459, 1460, 1460.1 and 1461 all relate to the requirement for bonds; these sections have not been repealed.
The first act of the United States Congress, 1 Stat 1 (1789), establishes the requirement of an oath of office for every public officer.
Article Eleven, section 3 of the California Constitution (1849) sets forth the required oath of office for state and local officials in California.
Article six of the Constitution for the united States of America (1789) states “… all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution.”
As the above citations indicate, the state legislature’s sleight-of-hand in inserting section 1463 within the code sections relating to bonding requirements is to set forth the guidelines for counties and cities to insure subordinate officers, employees, and/or appointed agents for which statutory bonding is not required. If the “Insurance” mentioned in section 1463 was intended for constitutionally and statutorily required bonding, it would be unconstitutional. The constitutional citations (above) demonstrate the fundamental requirements for governmental officers to be “bound by oath.” As the supreme court has ruled: “All laws which are repugnant to the Constitution are null and void,” Chief Justice Marshall, Marbury vs. Madison, 5, US 137, 174, 176, (1803); and “An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.” Norton v. Shelby County, 118 US 425 (1885).
 Title 22 U.S.C. 272b: No person shall serve as representative, delegate, or alternate from the United States until such person has been investigated as to loyalty and security by the Director of the Office of Personnel Management.
 28 U.S.C. sec. 453: Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, XXX XXX, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as XXX under the Constitution and laws of the United States. So help me God.
 California Government Code § 1770: An office becomes vacant on the happening of any of the following events before the expiration of the term: (i) His or her refusal or neglect to file his or her required oath or bond within the time prescribed.
Note: bolding and underlining has been added to the endnotes above for emphasis.