Oath of Office

Oath of Office Information and Sample Oath Affidavits (Word)

Oath of Office Information and Sample Oath Affidavits (.pdf)

The oath must be taken before performing the duties of the office. The oath of office must be taken whenever one of the officials listed below is originally elected or appointed, and every time the official is reelected or reappointed. This is true for both elected officials and those appointed to fill a vacancy.

 

At the beginning of a four-year township term of office at noon on November 20, all elected township officials, whether reelected or newly elected, must take the oath of office prior to January 1 to qualify for office, or a vacancy is created in the position. (Constable vacancies are not required to be filled.) MTA recommends taking the oath of office prior to noon on November 20, so officials can immediately assume the duties of their offices at the start of the term. 

 

The signed oath document must be filed with the township clerk. If an official other than the clerk administers the oath, the original oath affidavit or a copy of the affidavit must be provided to the township clerk for official township records. 

 

Who has authority to administer the oath of office to township officials?

Township Clerk / Deputy Clerk (MCL 168.363)

County Clerk / Deputy Clerk (MCLs 45.323, 551.103)

Notary Public (MCLs 55.285, 168.504)

Judge or Justice (of any court of record) (MCLs 15.37, 600.1440, 600.1455, 600.8317)

State Senator (MCL 4.121)

State Representative (MCL 4.121) 

 

Note: A township clerk does not have to also be a notary public to be authorized to administer the oath of office. MCL 168.363 specifically authorizes the township clerk and deputy clerk to administer oaths.

 

Note: MTA materials previously indicated that the supervisor has the authority to administer the oath of office. This was based on MCL 41.64b, which states, "The supervisor of a township may place a person under oath on any of his or her statements made to the supervisor in his or her official capacity as supervisor." However this is not the language that specifically authorizes administering the oath of office, as found in the other statutes that authorize administering the oath. The Michigan Bureau of Elections does not include the supervisor in its information materials as an official with authority to administer the oath. To avoid giving conflicting information, we have revised our materials to not include the supervisor as an official who can administer the oath.

 

Who is required to take the oath of office?

Supervisor (MCLs 168.363, 168.358)

Clerk (MCLs 168.363, 168.358) 

Treasurer (MCLs 168.363, 168.358) 

Trustee (MCLs 168.36, 168.358)                              

Deputy Supervisor (MCL 41.61)  

Deputy Clerk (MCL 41.69)     

Deputy Treasurer (MCL 41.77) 

Assessor (IRS/MTA Legal Counsel)

Constable (MCLs 168.363, 168.358)  

Elected Library Board (MCLs 168.363, 168.358)

Elected Park Commission (MCLs 168.363, 168.358)

Election Inspector (MCL 168.680) 

Commissioner of Noxious Weeds (MCL 247.61)

Downtown Development Authority (MCL 125.1654)                                

Board of Review (must take oath within 10 days of appointment) (MCL 211.28)

 

(Not an exhaustive list; other officials or bodies may be required to take the oath.) 

 

MTA recommends giving the oath to the following:

Planning Commission                                                    

Economic Development Commission

Zoning Board of Appeals                                              

Ordinance Enforcement Officer

Fire Administrative Board                                              

Fire Chief or Police Chief

Officials Compensation Commission                                           

Superintendent or Manager

Historical Commission                                                   

Building, Electrical and/or Plumbing Inspectors

Fence Viewer 

Others, as township board policy indicates

 

Why give the oath of office if it is not required?

Taking the oath tends to lend credibility to the position to which a person has just been appointed or assigned. It also provides an opportunity to create a “paper trail” for the township board to the date of appointment and, therefore, to the expiration date of that person’s appointment so the board knows when to make future appointments.