HomeMy WebLinkAbout2006-01-19_Oath_of_Loyalty_ Ham-Kiln +w!,•`!! Lincoln S.T. Ashida
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ltaror `� I Corporatioli C'olmsel
Gerald Takase
lssistalit Corporatioli
,rE OFNF' (oullsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 . Hilo, Hawaii 96720-4262 . (808)961-8251 . Fax(808)961-8622
January 19, 2006
TO: Charlotte Masaki
Civil Service Deparment
FROM: Michael J. Udovic
Deputy Corporation Counsel
RE: Oath of Loyalty Form
Our File No.: WRK 05-11362
This is in response to your work request regarding the Oath of Loyalty.
The Hawaii State Constitution as well as the Charter for the County of Hawaii
require that:
All eligible public officers, before entering upon the duties of their
respective offices, shall take and subscribe to the following oath or
affirmation: "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 Hawaii, and that I will faithfully discharge my duties as . . . to
best of my ability."
The State statutes proscribe that the oath of office be taken by public officers,
including State or County employees who possess police powers.
The County Charter provides in Section 13-5:
Oaths of Office. Before entering upon the duties of their office, each
officer elected or appointed shall subscribe to the oath or affirmation
before some person duly qualified to administer oaths: "I do solemnly
swear (or affirm) that I will support and defend the Constitution of the
United States of America, and the Constitution of the State of Hawaii,
and that I will faithfully discharge my duties as to the best
of my ability."
Additionally, the County Charter defines officers in Section 13-1(d) as follows:
Hawaii County is an Equal Opportunity Provider and Employer
Ms. Charlotte Masaki
January 19, 2006
Page 2
"Officer" includes the following:
(1) Mayor and members of the council.
(2) Any person elected or appointed as administrative head of any
agency of the County or appointed as a member or any board or
commission provided for in this charter.
(3) Any person appointed by a board or commission as the
administrative head of any agency of the county.
(4) Deputy, assistant or division chief appointed by the administrative
head of any agency of the county.
(5) Assistant or deputies of the corporation counsel and prosecuting
attorney.
Those persons who should execute oaths of office before entering upon the
duties of their office shall subscribe to the oath of affirmation before some person duly
qualified to administer oaths. This would include those persons described in the State
Constitution as well as those persons described in the County Charter.
Since the oath that is found in the County Charter is virtually the same as the
oath prescribed in the State Constitution, it would be acceptable to utilize the oath found
in the County Charter. The oath should be executed by those persons named as
officers in the County Charter as well as those persons exercising police power who are
required to execute an oath of office by the State Constitution. I would use one oath
which can be modified by the individual department when the respective person
executes the oath.
There does not appear to be any requirement that the Department of Civil
Service maintain the oaths or copies of the oaths or sign off on the oaths. This should
be the responsibility of the department whose employees are required to execute the
oath before entering upon their respective assignments. The responsible department
should keep a copy of the oath which is sworn to by the employee. It may, however, be
wise to keep a file of the oaths that are used by the various departments for their
employees. I would recommend that the Police use only one oath.
checked with my colleagues regarding those employees in their respective
departments who exercise "police power." The listing is the same as that you supplied
to me. I updated the research regarding the definition of police power, and it has not
changed since the last opinion was rendered. If you have any additional questions
please contact me at my office.
MJU:mc
s:work 2006\january\wrk 05-11362\ltr to civil svc re oath of loyalty