As a general rule, a newly elected representative begins his or her term on the first day of January after the election, but only after or after swearing-in. The newly elected representative may be sworn in from 1 January or at the first meeting of the Board of Directors after the first of the year. State law also offers two additional ways to take the oath before the first of the year. RCW 29A.60.280(3) provides that the oath may be taken: After searching the by-laws, MRSC has determined that members of the State and Federal Congress are not among the types of public servants legally authorized to take the oath, unless they also hold one of the positions listed above or are notaries. However, this only applies to the official written oath, which is filed with the district auditor. Anyone, including members of Congress, can take the ceremonial oath. A solemn oath may be taken at any time. Only the official oath must fully comply with the requirements of the law. MrsC receives questions on three fundamental issues related to the oath of office: No. It is not necessary for the oath to be taken orally. The only requirement is that a written oath be submitted to the district examiner.
Little things after the elections; Bonds, Oaths and Taking Office (2017) provides a list of legal references for this requirement as it applies to cities, municipalities and counties. Most special purpose districts are not required to take their oath with the district auditor, but the applicable RCWs in the district must be consulted. The written oath should continue to be retained in the district`s public records for the appropriate retention period. Technically, this is a violation of rcW 29A.60.280 (3), and the agent must correct the error and repeat the oath as soon as possible. Due to a legal term known as the « de facto officer » doctrine, the actions taken by that official are always valid before correcting the error. Note that if a public servant refuses or fails to take the oath, he or she may create a vacancy in the office at RCW 42.12.010(6), but MRSC takes the position that rejecting the oath too soon is not a refusal or negligence to take the oath. Those who are elected to fill a position held by a person appointed to that office (i.e., to fill a vacancy) may take the oath and hold the office once the results of the election are confirmed. This new elected representative then completes what is called the « short term », from the swearing-in of the office until January 1. However, for the entire term of office, which begins on January 1, the same official should be re-sworn in and may do so with one of the options listed above. When persons elected to the office take the oath, they swear or affirm that they will faithfully and impartially perform the functions of the office to the best of their ability.
Unless your court has taken a specific oath of office, no particular wording or form of oath is required; However, the following text is often used in the oath of office: The oath of office may be taken by any notary or other person authorized by law to take an oath in accordance with section 29A.04.133(3) of the RCW. Below is a list of local officials who are « authorized » to take the oath (legal references can be found in our publication Taking Office, page 24): Now that the fall municipal elections are over and the results have been confirmed, the final step that elected local government officials must take before taking office, the oath of office. Yes. In order to be technically in accordance with the law, the oath must be taken each time a new period of service begins. Do public servants who are re-elected to their positions have to repeat the oath? Can a member of Congress of a state or federal government take the oath? At this time of year, the MRSC receives many questions about the process of administering the oath of office for newly elected local representatives. We often quote a 2013 blog post from former legal counsel Pat Mason – and credit goes to Pat for writing a blog with such enduring value – but we still get nuanced questions beyond that original article, so we decided it was time to update it. If the oath is taken before 1 January, the elected representative takes office at exactly midnight on 1 January. The oath can be renewed for ceremonial purposes during the first session of the year if you wish.
What happens if the public servant is sworn in more than 10 days before taking office and not at a regular meeting scheduled for December? Information Resources on Candidates for Elected Local Government Positions Taking Office: Being Elected or Appointed to Office in Washington Counties, Cities, Cities, and Special Districts Most recently, she served as the Civil Assistant Attorney for Island County. In Island County, Sarah has advised on many aspects of government business, including compliance with public record registration and conventions. She also defended the county under the Growth Management Act and Land Use Litigation. Prior to moving to Washington, Sarah practiced land use, environment and appellate law in Florida for over eight years. What happens if the newly elected person holds a position that is currently held by an appointee? Am I correct in saying that there is no term limit for elected mayors or city council members in Washington? December 6, 2019 by Sarah Doar Category: Administrative and Tenure Holder Sarah holds a Bachelor of Biology from Case Western Reserve University and a Ph.D. in Environmental and Land Use Law from Florida State University College of Law.