HomeMy WebLinkAbout2006-03-03_Oath_of_Office 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
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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
Mr. Michael R. Ben
March 3, 2006
Page 2
Section 4, are those persons who are required to take an oath. This section does not dictate that
they are the only persons who, under the provisions of County legislation, may be required to
take the oath.
If you have any questions regarding this opinion, please contact me.
MJU:mc
sAwork 2006\mar\wrk 06-11716 to to civ svc re oath of office 3-3-06 MJUmc