2006-03-03_Oath_of_Office - Laserfiche WebLink

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Harry Kim +?Y�°•.`.".�w Lincoln S.T.Ashida Mayor �',� �� W1� Corporation Counsel Gerald Takase Assistant Corporation o:'M'' Counsel COUNTY OF HAWAII OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo,Hawaii 96720-4262 . (808)961-8251 Fax(808)961-8622 f.7 1 .,�. om. . ,.,,...,. ....W.=. ,.,�,._.. .� March 3, 2006 TO: Michael R. Ben Deputy Director of Personnel FROM: Michael J. Udovic Deputy Corporation unsel RE: Opinion Re: Oath of Office Our File: WRK 06-11716 I reviewed the legislative history of the amendment to Article XVI, Section 4, of the Hawaii State Constitution, as well as the relevant code sections, and conducted research into the question posed by your inquiry. Our office is of the opinion that the 1992 amendment to the Constitution of the State of Hawaii does not preclude the County of Hawaii from requiring loyalty oaths from officers, either elected or appointed, prior to entering upon the duties of their position with the County of Hawaii. The legislative history of this amendment shows that testimony in support of the amendment was motivated by a professor who was recruited for a position with the University of Hawaii who declined the appointment because of the requirement that he sign the loyalty oath. He was quoted at the time as saying that, "loyalty is like love: It can be given but it cannot be demanded . . . loyalty oaths are meaningless because disloyal people will sign them anyway." The Committee report goes on to reason that the wholesale application of the requirement as one more piece of paper to be signed, as part of the pre-employment paperwork, is neither necessary nor desirable. The presumption of loyalty is enough. Therefore, the Constitution was changed to require loyalty oaths from a minimum number of people. Even though this language may be persuasive as it relates to the fundamental philosophy of a loyalty oath, the amendment to the Constitution does not prohibit a County from requiring a loyalty oath from its officers as it deems appropriate. This Constitutional amendment sets the minimum standard under which there can be no dispute. Those persons named in Article XVI, Hawaii County is an Equal Opportunity Provider and Employer