[Close this window]

§ 62. Constitutional oath upon appointment. Every person employed by
the state or any of its civil divisions, except an employee in the labor
class, before he shall be entitled to enter upon the discharge of any of
his duties, shall take and file an oath or affirmation in the form and
language prescribed by the constitution for executive, legislative and
judicial officers, which may be administered by any officer authorized
to take the acknowledgment of the execution of a deed of real property,
or by an officer in whose office the oath is required to be filed. In
lieu of such oath administered by an officer, an employee may comply
with the requirements of this section by subscribing and filing the
following statement: "I do hereby pledge and declare that I will support
the constitution of the United States, and the constitution of the state
of New York, and that I will faithfully discharge the duties of the
position of ............, according to the best of my ability. " Such
oath or statement shall be required only upon original appointment or
upon a new appointment following an interruption of continuous service,
and shall not be required upon promotion, demotion, transfer, or other
change of title during the continued service of the employee, or upon
the reinstatement pursuant to law or rules of an employee whose services
have been terminated and whose last executed oath or statement is on
file. The oath of office heretofore taken by any employee as previously
required by law, and the oath of office hereafter taken or statement
hereafter subscribed by any employee pursuant to this section, shall
extend to and encompass any position or title in which such person may
serve as an employee during the period of his continuous service
following the taking of such oath or subscribing of such statement, and
his acceptance of such new title shall constitute a reaffirmance of such
oath or statement. The oath or statement of every state employee shall
be filed in the office of the secretary of state, of every employee of a
municipal corporation with the clerk thereof, and of every other
employee, including the employees of a public library and the employees
of boards of cooperative educational services, if no place be otherwise
provided by law, in the office of the clerk of the county in which he
shall reside. The refusal or wilful failure of such employee to take and
file such oath or subscribe and file such statement shall terminate his
employment until such oath shall be taken and filed or statement
subscribed and filed as herein provided.
 An enrolled member of an Indian nation or an Indian individual having
an affiliation with an Indian nation recognized by the United States or
the state of New York may elect to comply with the requirements of this
section by instead subscribing and filing the following statement:
 "I do solemnly affirm that I will faithfully discharge the duties of
the position of ............ according to the best of my ability, and
perform my duties in a manner consistent with the constitution of the
United States and the constitution of the state of New York."

[Close this window]