School Laws of Oklahoma

Chapter 6 - Personnel
Article II: Loyalty Oath

Section 741. Oath of Public Officials and Employees. (51 O.S. § 36.1)

Every officer and employee of the State of Oklahoma, or of a county, school district, municipality, public agency, public authority, or public district thereof, who, on or after July 1, 1953, is appointed or elected to office, or who after said date is employed, for a continuous period of thirty (30) days or more, in order to qualify and enter upon the duties of his office or employment and/or receive compensation, if any, therefor, shall first take and subscribe to the loyalty oath or affirmation required by this Act and file the same as hereinafter set forth. Provided, that a public employee who is employed or whose employment is extended on a fiscal year basis and who has duly taken and filed the oath required by this Act in order to qualify for and enter upon, or continue in, the duties of his employment, need not again take and file such an oath so long as his said employment, or re-employment is continuous or consecutive.

Section 742. Cumulative Oath. (51 O.S. § 36.2A)

The oath or affirmation required by this Act, same being cumulative to the oath of office required by 51 O.S. 1961, §2, shall be as follows:

I do solemnly swear (or affirm) that I will support the Constitution and the laws of the United States of America and the Constitution and the laws of the State of Oklahoma, and that I will faithfully discharge, according to the best of my ability, the duties of my office or employment during such time as I am _______________________________ (Here put name of office, or, if an employee, insert “An Employee of ______________________________________” followed by the complete designation of the employing officer, agency, authority, commission, department or institution.)

_________________________________________
Affiant

Subscribed and sworn to before me this __________ day of _____________________________, 19_______.
_____________________________________________ Notary Public, or other officer authorized to administer oaths or affirmations.

Legislator was subject to only the Oklahoma constitutional oath of office for events transpiring prior to enactment of 2004 legislation that specifically made statutory loyalty oath cumulative to constitutional oath. Stipe v. State ex rel. Bd. of Trustees of Oklahoma Public Retirement System, 2008 OK 52

As there is no duty to report criminal wrongdoing that results in the loss of public funds or to seek recovery of lost funds, a state officer's or employee's decision not to report criminal wrongdoing or seek recovery of funds the state agency is deprived of does not violate either the statutory or constitutional oath of office. A specific state officer or employee who has a duty to report criminal wrongdoing or to seek recovery of funds and does not do so may be found to have violated the oath of office. Whether the oath is violated is a question of fact dependent on the individual circumstances. (AG Op. No. 09-7)

Section 743. Officers Authorized to Administer Oaths. (51 O.S. § 21)

The following officers are authorized to administer oaths:

1. Justices of the Supreme court and Judges of the Court of Criminal Appeals.

2. The Clerk of the Supreme Court and the Court of Criminal Appeals.

3. Judges and clerks of the district, superior and county courts, and other courts of record within their respective districts or counties.

4. County clerks and their deputies, and county commissioners, within their respective counties.

5. Justices of the peace and notaries public within their respective counties.

6. Sheriffs and their deputies in cases where they are authorized by law to select commissioners or appraisers, or to impanel juries for the view or appraisement of property, or are directed as an official duty to have property appraised, or to take the answers of garnishees, or are authorized to take delivery bonds.

7. Such other officers as are authorized by law in special cases.

8. Clerks of boards of education, city auditor, city and town clerks.

9. Court clerks, deputy clerks, or violations bureau clerks as shall be appointed by judges of courts not of record.

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Section 744. Notary Public Authorized to Administer Oath. (49 O.S. § 112)

As used in the Uniform Law on Notarial Acts:

1. “Notarial acts” means any act that a notary public of this state is authorized to perform, and includes ... administering an oath or affirmation . . .

Section 745. Filing of Oath. (51 O.S. § 36.3)

A. The oath or affirmation required by Section 36.2A of this title and taken and subscribed to by:

1. Every state officer shall be filed with the Secretary of State;

2. Every state employee shall be filed with the personnel officer of the state entity employing the state employee;

3. All other officers shall be filed with the office of the county clerk of the county of official residence of the officer;

4. All other employees shall be filed with the office of the county clerk of the county in which the entity employing the employee is located; and

5. Every notary public shall be filed with the office of the court clerk of the county of official residence of the notary, or if a nonresident, the county of employment of the notary.

B. No fee shall be charged for the filings or for the administration of the oaths or affirmation.

C. Blank oath forms will be furnished, without charge, by the Secretary of State to such officers and employees upon request.

D. The provisions of paragraphs 3, 4 and 5 of subsection A of this section shall not apply to municipal officers and employees or school district officers and employees. All oaths or affirmations of municipal officers or employees or school district officers or employees shall be filed in the office of the municipal clerk of the municipality or in the office of the school clerk of the school district for which the officer or employee serves or by which the officer or employee is employed.

Section 746. Salary Withheld Until Oath is Taken. (51 O.S. § 36.4)

No compensation or reimbursement for expenses earned or incurred on or after July 1, 1953, shall be paid to any public officer or employee by any public agency unless and until he has taken and filed the oath or affirmation required by this Act. Said public officer or employee, if his name is to appear on a public payroll claim, and who is not the certifying officer thereof, shall immediately, after he takes and files his oath or affirmation, notify, in writing, said certifying officer that he has taken and filed his said oath or affirmation and the date of such filing. It shall be the duty of the person certifying to said payroll to certify thereon that he has taken and filed said oath or affirmation and that every other officer or employee whose name appears on the payroll has notified him in writing that he has taken and filed the same.

Section 747. Penalty for Falsifying Oath. (51 O.S. § 36.5)

Every public officer or employee who, in taking and subscribing to the oath or affirmation required by this act, states as true any material matter which he knows to be false, shall be guilty of the felony of perjury, and upon conviction be punished by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years, and in addition thereto, the person shall forfeit any public office or employment held by the person.

Section 748. Penalty and Forfeit of Public Office. (51 O.S. § 36.6)

Every public officer or employee having taken and subscribed to the oath or affirmation required by this act and having entered upon the duties of his office or employment, who, while holding his office or while being so employed, advocates by the medium of teaching, or justifies, directly or indirectly, or becomes a member of or affiliated with the Communist Party or the Cominform, or with any party or organization, political or otherwise, known by him to advocate by the medium of teaching, or justify, directly or indirectly, revolution, sedition, treason or a program of sabotage, or the overthrow of the government of the United States or of the State of Oklahoma or a change in the form of government thereof by force, violence, or other unlawful means, shall be guilty of a felony and, upon conviction, be punished by imprisonment in the state prison for not less than one (1) year nor more than fourteen (14) years; and in addition thereto, the person shall forfeit his or her office or employment.