Section 62. Constitutional oath upon appointment  


Latest version.
  • 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."