[Michlib-l] Oath of Office

[Membiela, Clare (MDE)]

Hello Natalie:

As Andrew  stated, the Michigan Constitution, Art XI, Sec. 1 mandates that Public officers take an oath of office.

Additionally, MCL 168.363<http://legislature.mi.gov/doc.aspx?mcl-168-363> states that Township Officers are included within this Constitutional provision.
And
MCL 168.358<http://legislature.mi.gov/doc.aspx?mcl-168-358> lists Public Library Board members ("Directors") as one of several "Public Offices" included within Townships.

If the Board member in question does not take the Oath - and file appropriate documentation of that Oath,
then it is possible that he/she will be considered to have "denied" the election to the post of Board Member and the seat will be considered vacant  Op.Atty.Gen.1955-56, No. 2130, p. 382.

Now, MCL168.362<http://legislature.mi.gov/doc.aspx?mcl-168-362> (2) states:

 "A township officer elected in the general election shall remain in office for the full term if the officer failed to take the oath of office within the time prescribed by law and was subsequently appointed by the township board to the office for which the officer ran."

This section may seem  to contradict the apparent rule that an Oath is required. However, In researching further, it would seem that this subsection simply provides a remedy for an officer who takes the oath late - not one who refuses the oath. There is no legal authority or explanation that I found that seems to excuse APPOINTED officials (as opposed to ELECTED) from the oath requirement. Neither the Constitutional provision cited by Andrew, nor the MCL provisions above indicate in any way that the oath requirement applies to elected officials only.

HOWEVER, it would be advisable to confer with your municipal attorney in order to confirm this information and apply it appropriately to your exact situation.

I hope this is helpful! Please do not hesitate to contact me if I can be of any assistance.
Happy Holidays!
Clare


Clare D. Membiela, MLS, J.D.
Library of Michigan
MembielaC at michigan.gov<mailto:MembielaC at michigan.gov>
517-335-8132

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