NC § 153A-81: Oath of Office for County Officials

An oath of office represents a public official’s promise to faithfully execute the duties of their position and to uphold the law. It is a foundational act of public service, signifying an individual’s commitment to the responsibilities entrusted to them by the electorate or an appointing body. This formal declaration serves as a public acknowledgment of the legal and ethical obligations that accompany holding a public office. The act of taking the oath binds the official to a standard of conduct and performance expected.

Officials Required to Take the Oath

The requirement to take an oath of office is comprehensive, applying to every individual who is either elected by the public or appointed to a county office. This broad mandate ensures that all persons assuming official county duties are bound by the same public promise. The statute specifically covers a range of county positions, ensuring that those in positions of public trust and administrative authority are included.

Among the officials explicitly named are the county sheriff, register of deeds, surveyor, and coroner. The mandate also extends to financial officers whose responsibilities are integral to the county’s operation, such as the county treasurer and the county accountant.

The Content of the Oath

Before an individual can assume the responsibilities of a county office, they must take and subscribe to the oath of office prescribed in Article VI, Section 7 of the North Carolina Constitution. The text of this constitutionally mandated oath is: “I, ………….., do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as ………….., so help me God.”

Administering the Oath of Office

The process of taking the oath is a prerequisite for service and must be completed before the official begins to carry out any duties of the office. For newly elected county officers, the law designates a specific time for this to occur. They are directed to assemble on the first Monday in December following the general election to take and subscribe the oath. An officer who cannot be present at this designated time is permitted to take the oath at a later date.

The oath can be conducted by any person legally authorized to administer oaths, which includes the chairman of the board of county commissioners, the clerk to the board, a judge, or a notary public. Once the oath has been administered and signed, the document must be filed with the clerk to the board of commissioners, creating an official record of the official’s qualification for office.

Failure to Fulfill the Oath Requirement

The law treats the failure to take and subscribe the required oath as a refusal to serve in the office to which the person was elected or appointed. It is a Class 1 misdemeanor for an individual to enter upon the duties of a public office without having taken and subscribed to the prescribed oath.

If an individual does not complete this step, the board of commissioners is legally obligated to declare the office vacant. Following this declaration, the board is then responsible for initiating the process to fill that vacancy according to established legal procedures.