Oath/Affirmation of State Employees and Public Officers

State Employees

New York State Civil Service Law Section 62 requires every person employed by New York State or any of its civil divisions, except an employee in the labor class, prior to the discharge of his or her duties, to take the oath or affirmation required by the New York State Constitution for executive, legislative and judicial officers. In lieu of the oath, an employee may execute and file a statement prescribed by New York State Civil Service Law Section 62. The oath, affirmation or statement of every state employee is required to be filed with the New York Department of State.

An enrolled member of an Indian nation or an Indian individual having an affiliation with an Indian nation recognized by the United States or the State of New York may elect to comply with the requirements of New York State Civil Service Law Section 62 by subscribing and filing the statement prescribed by New York State Civil Service Law Section 62.

New York State Civil Service Law Section 62 provides that the oath, affirmation or statement for an employee of a municipal corporation is filed with the clerk of such municipal corporation. The oath, affirmation or statement of every other employee, including an employee of a public library and an employee of a board of cooperative educational services, if no place be otherwise provided by law, is required to be filed in the office of the clerk of the county in which they reside.

New York State Public Officers Law Section 78 requires all members, officers and employees of state agencies to also file a certificate with the New York Department of State acknowledging receipt of a copy of certain provisions of the New York State Public Officers Law and agreeing to conform to such provisions. A member, officer or employee of the New York State Senate is required to file such certificate with the New York Secretary of the Senate. A member, officer or employee of the New York State Assembly is required to file such certificate with the Clerk of the Assembly.


Public Officers

New York State Public Officers Law Section 10 requires every public officer to take and file an oath or affirmation prior to the discharge of any of their official duties. The form of the oath or affirmation is set forth in Article XIII, Section 1 of the New York State Constitution.

A public officer, who is a "state officer," as defined in New York State Public Officers Law Section 2, must file his or her oath or affirmation with the New York Department of State.

A public officer, who is a "local officer," as defined in New York State Public Officers Law Section 2, must file his or her oath or affirmation in the office specified by New York State Public Officers Law Section 10. Local officers are urged to review the statutes applicable to their particular office for any additional filing requirements for their oaths or affirmations.

A judicial officer of the Unified Court System should file his or her oath or affirmation with the New York Department of State (if he or she is a "state officer") or with the office specified by New York State Public Officers Law Section 10 (if he or she is a "local officer") and, in addition, must file a copy of his or her oath or affirmation with the Office of Court Administration.

New York State Public Officers Law Section 78 requires all members, officers and employees of state agencies to also file a certificate with the New York Department of State acknowledging receipt of a copy of certain provisions of the New York State Public Officers Law and agreeing to conform to such provisions. A member, officer or employee of the New York State Senate is required to file such certificate with the New York Secretary of the Senate. A member, officer or employee of the New York State Assembly is required to file such certificate with the Clerk of the Assembly.


Filing with the New York Department of State

The forms available on this website are acceptable for filing with the New York Department of State. Social security numbers should not be included on any of the forms. All forms must be typed.

Completed forms should be forwarded to the New York Department of State, State Records, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231.