CA Gov't Code Section 26638.3


All persons who, immediately preceding the effective date of abolition of the marshal’s office and department, are assigned to the marshal’s department in management, administrative, supervisory, peace officer, clerical, and other positions shall, on the effective date of the abolition, be assigned to the sheriff’s department in the same class, or if such classes are not within the department, a comparable class; and no probationary or permanent employee shall be laid off as a result of implementation of the abolition and consolidation. The discretion of the board of supervisors to lay off as a result of the elimination or reduction in level of any service delivered by the sheriff, whether caused by the board’s decision to underfund existing staffing or otherwise, shall not be impaired. Marshal’s lieutenants shall be assigned to the class of sheriff’s lieutenant, and shall not be eligible to participate in a promotional examination for the class of sheriff’s captain for a period of one year following the effective date of the abolition and consolidation. Marshal’s deputies performing bailiffing functions shall be assigned to bailiffing functions for the superior and municipal courts for five years following the effective date of the abolition and consolidation. No provision of this section shall be deemed to restrict the authority of the sheriff to discipline any employee in accordance with county standards, procedures and limitations otherwise applicable, and except as otherwise expressly provided herein the discretion of the sheriff to assign, promote, direct, and control employees formerly assigned to the marshal’s department shall not be deemed to be in any manner restricted by virtue of the abolition or consolidation.
Last Updated

Aug. 19, 2023

§ 26638.3’s source at ca​.gov