§ 62 — Constitutional oath upon appointment

§ 62. Constitutional oath upon appointment. Every person employed by\nthe state or any of its civil divisions, except an employee in the labor\nclass, before he shall be entitled to enter upon the discharge of any of\nhis duties, shall take and file an oath or affirmation in the form and\nlanguage prescribed by the constitution for executive, legislative and\njudicial officers, which may be administered by any officer authorized\nto take the acknowledgment of the execution of a deed of real property,\nor by an officer in whose office the oath is required to be filed. In\nlieu of such oath administered by an officer, an employee may comply\nwith the requirements of this section by subscribing and filing the\nfollowing statement: "I do hereby pledge and declare that I will support\nthe constitution of the United States, and the constitution of the state\nof New York, and that I will faithfully discharge the duties of the\nposition of ............, according to the best of my ability. " Such\noath or statement shall be required only upon original appointment or\nupon a new appointment following an interruption of continuous service,\nand shall not be required upon promotion, demotion, transfer, or other\nchange of title during the continued service of the employee, or upon\nthe reinstatement pursuant to law or rules of an employee whose services\nhave been terminated and whose last executed oath or statement is on\nfile. The oath of office heretofore taken by any employee as previously\nrequired by law, and the oath of office hereafter taken or statement\nhereafter subscribed by any employee pursuant to this section, shall\nextend to and encompass any position or title in which such person may\nserve as an employee during the period of his continuous service\nfollowing the taking of such oath or subscribing of such statement, and\nhis acceptance of such new title shall constitute a reaffirmance of such\noath or statement. The oath or statement of every state employee shall\nbe filed in the office of the secretary of state, of every employee of a\nmunicipal corporation with the clerk thereof, and of every other\nemployee, including the employees of a public library and the employees\nof boards of cooperative educational services, if no place be otherwise\nprovided by law, in the office of the clerk of the county in which he\nshall reside. The refusal or wilful failure of such employee to take and\nfile such oath or subscribe and file such statement shall terminate his\nemployment until such oath shall be taken and filed or statement\nsubscribed and filed as herein provided.\n An enrolled member of an Indian nation or an Indian individual having\nan affiliation with an Indian nation recognized by the United States or\nthe state of New York may elect to comply with the requirements of this\nsection by instead subscribing and filing the following statement:\n "I do solemnly affirm that I will faithfully discharge the duties of\nthe position of according to the best of my ability, and\nperform my duties in a manner consistent with the constitution of the\nUnited States and the constitution of the state of New York."\n