Cease and Desist Packet
Hold Elected Officials including BOE members Accountable by obtaining their executed Oath of Office
That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments.
Oath of Office
Members of the State Legislature and all public officers, executive and judicial, are required to take and sign the oath provided by Article XIII, Section 1 of the New York State Constitution before they commence the duties of their office.
Public Officers Law Section 10 also requires every public officer to take and file the oath required by law before he or she performs any official duties. This section also governs the procedures for administering oaths of office and specifies the public office in which such oaths must be filed.
A public officer, who is a "state officer," as defined in Public Officers Law Section 2, must file his or her oath with the New York Secretary of State. State officers include the Governor, Lieutenant Governor, Attorney General, State Comptroller, members of the Legislature, justices of the Supreme Court, Regents of the University, and officers appointed by a State officer or the Legislature.
A public officer, who is a "local officer," as defined in Public Officers Law Section 2, must file his or her oath in the office specified by Public Officers Law Section 10.
An oath of office for an elective office must be taken and filed before or within thirty days after the commencement of the term of office. An oath of office for an appointive office must be taken and filed within thirty days after notice of his or her appointment or within thirty days after the commencement of his or her term of office. Public Officers Law Section 30 also provides special provisions for oaths of public officers who are on active duty in the armed forces at the time of his or her election or appointment.
Public Officers Law Section 30 provides that the office of a public officer becomes vacant when the public officer refuses or neglects to take and file his or her oath of office within the time required by law. Therefore, it is of particular importance that public officers take and file their oath of office within the time permitted by law.