“I do solemnly swear…”

A presentation on oaths

By

Aja Tucker

Donna Johnston

Teri Lipscomb

Disclaimer

• This is a training workshop, but local practices do vary from county to county according to local policy and practice as well as local County Counsel opinions.

• No practice or procedure you become aware of as a result of this workshop should be implemented in your own office without the full AWARENESS and APPROVAL of the County Clerk or Recorder for whom you work.

 

What is an Oath?

• An oath is either a promise or a statement of fact calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact.

• To swear is to take an oath.

What is in an Oath?

• Per Article 20, Section 3 of the California Constitution – I, ______, do solemnly swear (or affirm) that I

will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

Who needs to take an Oath?

• All public officers and employees

• Disaster service workers

What does the Oath mean?

• In order to protect the health, safety and preservation of the lives and property of the citizens of the state, public employees are declared as disaster service workers in the event of an emergency.

• The Oath is the affirmation of this obligation.

When are Oath’s Administered?

• Prior to any public agency payments to any– Officer– Public employee– Disaster service worker

Who can administer an Oath?

• Executive and Judicial Officers and Members of the Legislature—GC 1225

• Any precinct board member during the progress of an election– EC 12321(c)

• County Officers and the Officer’s Deputies—GC 24057

Officers of a County per GC 24000 include:

• District Attorney

• Sheriff• County Clerk• Controller• Auditor• Treasurer• Recorder• Tax Collector• Assessor

• Superintendent of Schools

• Coroner• Surveyor• Members of the

Board of Supervisors• Administrative

Officer• Road Commissioner• Public Guardian

Where is an Oath filed?

• With Secretary of State– for all officers whose authority is not

limited to any particular county– Superior Court Judges– County Clerk– Executive Officer or Superior Court

Administrator• With County Clerk

– for all officers elected or appointed for any county

– County employees

Revocation of Oath

• A revocation of the appointment of any deputy shall be made and filed in the same manner as the appointment.

Retention Period

• Must be retained for 5 years after the termination of the disaster worker’s service

• Or 5 years after the termination of a public employee’s employment