HomeMy WebLinkAboutItem 10 Oath of Office Code UpdateAGENDA ITEM SUMMARY Meeting Date: 9/19/2022
Meeting Type: Regular Meeting
Staff Contact/Dept.: Kristina Kraaz, CAO
Staff Phone No: 541-744-4061
Estimated Time: 5 Minutes
SPRINGFIELD Council Goals: Mandate
CITY COUNCIL
ITEM TITLE: OATH OF OFFICE CODE UPDATE
ACTION
Conduct a first reading on the following ordinance:
REQUESTED:
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTION
2.285 REGARDING TAKING OF THE OATH OF OFFICE BY ELECTED AND
APPOINTED CITY OFFICERS
ISSUE
Section 27 of the Springfield Charter requires all city officers to take an oath of
STATEMENT:
office before assuming the duties of their office. This provision is implemented in
Springfield Municipal Code 2.285, but the language prescribed in that section is
outdated.
ATTACHMENTS:
Attachment 1 — Ordinance
DISCUSSION/
Section 27 of the Springfield Charter requires, "Before assuming his or her office,
FINANCIAL
each City officer shall take an oath or affirm that he or she will faithfully perform
IMPACT:
the duties of the office and support the Constitution and laws of the United States,
the State of Oregon, and the City of Springfield."
The specific language for the oath of office is provided in Springfield Municipal
Code section 2.285. The current version of the oath includes cumbersome phrasing
and outdated clauses that are no longer commonly included in public official oaths
of office — such as phrases like "during my continuance therein" and requirements
to swear to God or "under pains ... of perjury."
The updated language in the attached ordinance uses language provided as an
example for cities by the League of Oregon Cities (LOC). The LOC example oath
of office meets the Springfield Charter requirements regarding faithfully
performing duties of the office, and supporting the Constitution and laws of the
United State, State of Oregon, and the City of Springfield.
The code does not dictate who must administer the oath of office, but after taking
the oath of office, the city officer must sign the oath and file with the City
Recorder. The oath does not need to be administered in a public setting, but must
happen before an official assumes the duties of office. City Councilors, the Mayor,
and city officers appointed by the City Council are those subject to the requirement
to take the oath of office.
CITY OF SPRINGFIELD, OREGON
ORDINANCE NO.
(GENERAL)
AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTION 2.285 REGARDING
TAKING OF THE OATH OF OFFICE BY ELECTED AND APPOINTED CITY OFFICERS
WHEREAS, Chapter VII, Section 27, of the Springfield Charter requires each City officer to take an
oath or affirm that the officer will faithfully perform the duties of the office and support the
Constitution and laws of the United States, the State of Oregon, and the City of Springfield;
WHEREAS, Springfield Municipal Code section 2.285 includes the specific language for the oath or
affirmation to be taken by each City officer; and
WHEREAS, the Common Council of the City of Springfield wishes to modernize the language of the
oath of office in keeping with the Springfield Charter requirements,
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Springfield Municipal Code 2.285 is hereby amended to state as follows:
"Oath of Office"
Pursuant to the Charter, all city officers must take the following oath of office before assuming
the duties of their office, and file it with the City Recorder:
"As required by the Charter, I, [name of oath taker], do solemnly swear and affirm that I
support the Constitution and laws of the United States and the state of Oregon, and of the
charter, ordinances, and rules of procedures for the City of Springfield, and that I will faithfully
and honorably perform the duties of the office that I am about to assume."
Section 2. Severability Clause. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereof.
ADOPTED by the Common Council of the City of Springfield this day of ,
2022, by a vote of for and against.
APPROVED by the Mayor of the City of Springfield this day of , 2022.
ATTEST:
City Recorder
Mayor
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