Authorization to Administer Oaths

02/21/2013

14 Comments

 
Are municipal clerks authorized to administer oaths of office to Council/Board members?  I have found in the Code of Virginia that the Clerk of Court may, but not, specifically, municipal clerks.  Thanks very much.

Claudia A. Cruise, CMC
Town Manager
314 Mill Street, P.O. Box 195
Occoquan, Virginia  22125
703-491-1918,  Extension 2

 


Comments

Sue DeMasi
02/21/2013 11:18am

I do administer the oaths to the new council members - this is stated in our City Code. I also swear in new police officers and members of boards and commission (as needed).

Reply
Victoria Diggs
02/21/2013 11:49am

Judy Wiggins, Poquoson City Clerk, and I, Deputy City Clerk, administer the oath of office to City Council, School Board, Planning Commission, EDA and Police Officers.

Reply
Amy Keller link
02/21/2013 11:29am

I do not administer oaths to Council Members or Board of Zoning Appeal Members; I send to the Clerk of the Circuit Court. For Council Members, as a ceremonial procedure, a Circuit Court Judge comes to the new members first Council meeting and swears them in, too, and gives a little talk on public service. It is a nice ceremony that all seem to appreciate.

Reply
Donna Scott link
02/21/2013 11:32am

City of Williamsburg has done this since 2003 when Gen Assembly approved our ordinance. Let me know if you'd like to see the ordinance.

Reply
Stacey Sink
02/21/2013 11:37am

We have the clerk of the circuit court administer oaths because she is a constitutional officer and the oath is to support the Constitutions of the United States and Virginia... Specifically: "Do you solemnly swear or affirm that you will support the Constitution of the United States and the Constitution and Laws of the Commonwealth of Virginia and you will faithfully and impartially discharge and perform the duties incumbent upon you as a member of **BOARD OR COMMISSION** according to the best of your abilities so help you God?" Therefore, it is our understanding (and our town attorney's ruling) that municipal clerks cannot administer oaths of office. Actually, our town clerk, as an appointed official, is also sworn in by the clerk of the circuit court each election year when she is reappointed.

Reply
Sandi Thompson link
02/21/2013 11:51am

Virginia Beach mirrors others in that the City Clerk does not administer Oaths. The Circuit Court Clerk or a Judge does so.

Reply
Jennifer PReli
02/21/2013 11:54am

Here is the code section that addresses it: http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+15.2-1522

In short: Any such oath of town council members, town mayors or members of Boards of Supervisors may be taken before any officer authorized by law to administer oaths.

That being said we are authorized as notaries to administer oaths, but the attorneys I've had would rather the Clerk of the Court or one of her deputies administer the oaths.

Reply
Dianne MacMIllan
02/21/2013 11:54am

Our Town Code give the town clerk limited authority to administer oaths. This does not include oaths required to be administered by a judicial officer or other officer authorized by statute to admininster oaths.

Reply
Debra White
02/21/2013 12:02pm

In the City of Portsmouth, it's in our charter that the City Clerk along with judges, Clerk of the Circuit Court and anyone who is a notary can provide Oaths.

Reply
Debbie Kendall link
02/21/2013 12:43pm

As a matter of procedure, I, as clerk, administer the oath of office to new Council members. This is not set forth in our Town Code but is a duty assigned to the clerk by Council.

Reply
Gina l. Sandy Patterson link
02/21/2013 1:28pm

We send to the Clerk of the Circuit Court to administer oaths upon the appointee's appointment and/or comfirmation by the Circuit Court Judge (as required by Code of VA). The Circuit Court Clerk also swears in Board of Supervisors upon election.

Reply
Julia Bortle, City of Waynesboro link
02/21/2013 1:38pm

This excerpt is from the VA Code. It looks like either the Circuit Court Clerk or the clerk authorized to administer oaths can do it. Paragraph 1 and 2 seem to contradict each other.
Every elected county, city, town and district officer, unless otherwise provided by law, on or before the day on which his term of office begins, shall qualify by taking the oath prescribed by § 49-1 and give the bond, if any, required by law, before the circuit court for the county or city, having jurisdiction in the county, city, town or district for which he is elected or appointed, or before the clerk of the circuit court for such county, city, town or district. However, members of governing bodies and elected school boards may qualify up to and including the day of the initial meeting of the new governing body or elected school board.

Any such oath of town council members, town mayors or members of Boards of Supervisors may be taken before any officer authorized by law to administer oaths. Such oath shall be returned to the clerk of the council of the town, who shall enter the same record on the minute book of the council, or, for members of the Board of Supervisors, returned to the clerk of the circuit court having jurisdiction in the county for which he is elected or appointed, who shall record the same in the order book, on the law side thereof.

Reply
Lana Conner
02/21/2013 4:40pm

§ 49-4. Magistrates and other officers who may administer oaths and take affidavits.

Any oath or affidavit required by law, which is not of such nature that it must be made in court, may be administered by a magistrate, a notary, a commissioner in chancery, a commissioner appointed by the Governor, a judge or clerk or deputy clerk of a court, a commissioner or clerk or deputy clerk of the State Corporation Commission, or clerks of governing bodies of local governments. In case of a survey directed by a court in a cause therein pending, an oath or affidavit may be administered by or before the surveyor directed to execute the order of survey.

Read Sec 49 of State Code regarding oaths. Oaths for governing bodies are not required to be made in court.

Reply
Viki Wellershaus link
02/21/2013 5:47pm

I administer oaths to the elected mayor and council, and to the town manager, town attorney, department heads, individuals appointed to boards & commissions, and police officers promoted to higher ranks. The Clerk of the Fairfax County Circuit Court concurred with the authority in accordance with the Code of Virginia sections below. Please feel free to let me know if you need further assistance or samples of what was administered.

Viki L. Wellershaus, Town Clerk
(703)435-6804

**********************
§ 49-4. Magistrates and other officers who may administer oaths and take affidavits.

Any oath or affidavit required by law, which is not of such nature that it must be made in court, may be administered by a magistrate, a notary, a commissioner in chancery, a commissioner appointed by the Governor, a judge or clerk or deputy clerk of a court, a commissioner or clerk or deputy clerk of the State Corporation Commission, or clerks of governing bodies of local governments. In case of a survey directed by a court in a cause therein pending, an oath or affidavit may be administered by or before the surveyor directed to execute the order of survey.

(Code 1919, § 274; 1932, p. 339; 1968, c. 639; 1970, c. 783; 1986, c. 255.)

Reply



Leave a Reply