Oath/Affirmation of State Employees and Public Officers

Public Officers and State Employees

The New York State Constitution and Public Officers Law require public officers, including elected officials, to take and file an oath of office. Public officers who are State officers will also need to file a related certification pursuant to the Public Officers Law.

The Civil Service Law requires employees of the State to take and file an oath of office or an alternative statement.  State employees are also required to file a related certification pursuant to the Public Officers Law.

The requirements for public officers and State employees are described below.  In order to assist filers, the Department of State has prepared forms for use by public officers and State employees.  


Public Officers

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.  

Public Officers Law § 78 Certification

All members and officers of the State Legislature and all officers of State agencies must sign and file a certificate pursuant to Public Officers Law Section 78. The certificate must include an acknowledgment that he or she has received a copy of certain provisions of the Public Officers Law and that he or she has read and agrees to conform to such provisions and the norms of conduct for members, officers and employees of the State Legislature and state agencies. The certificate must be filed on or before the tenth day after any member, officer or employee commences the performance of his/her duties.

Certificates of members and officers of the Senate must be filed with the Secretary of the Senate. Certificates of members and officers of the Assembly must be filed with the Clerk of the Assembly.  Please note that the oath of office and statement forms provided below for members and officers of the Senate and Assembly do not include a Public Officers Law Section 78 certificate.  

Officers of State agencies must file their Public Officers Law Section 78 certificates with the Secretary of State. The applicable oath forms provided below for officers of State agencies include the Public Officers Law Section 78 certification.

 Public Officer Forms

The following oath form must be used for public officers who are a member or officer of the State Legislature.  You may provide a self-addressed stamped envelope if you would like to receive a copy of your filed oath:

Senate or Assembly Member, Officer or Employee Oath/Affirmation (Form DOS-1692) PDF

The following Oath form must be used for Public Officers who are State Officers and not a member of the State Legislature:

Public Officer Oath/Affirmation and Public Officers Law §78 Certificate (Form DOS-1750) PDF


State Employees

State Employee Oath or Statement in Lieu of Oath

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 required by the New York State Constitution. In lieu of the oath, a state employee may execute and file the statement prescribed by Civil Service Law Section 62.

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 Civil Service Law Section 62 by subscribing and filing the statement prescribed by such section.

State employees must file their oath or statement with the Secretary of State.  All other public employees, including employees of municipalities, should review Civil Service Law Section 62 to determine the proper filing office for their oath or statement.

Public Officers Law § 78 Certification

All employees of the State Legislature and State agencies must sign and file a certificate pursuant to Public Officers Law Section 78. The certificate must include an acknowledgment that he or she has received a copy of certain provisions of the Public Officers Law and that he or she has read and agrees to conform to such provisions and the norms of conduct for members, officers and employees of the State Legislature and state agencies. The certificate must be filed on or before the tenth day after any member, officer or employee commences the performance of his/her duties.

Certificates of employees of the Senate must be filed with the Secretary of the Senate. Certificates of employees of the Assembly must be filed with the Clerk of the Assembly.  Please note that the oath of office and statement forms provided below for employees of the Senate and Assembly do not include a Public Officers Law Section 78 certificate.  

Employees of State agencies must file their Public Officers Law Section 78 certificates with the Secretary of State. The applicable oath and statement forms provided below include the Public Officers Law Section 78 certification.

State Employee Forms

State Employees, other than employees of the Senate or Assembly, must complete one of the following forms.

State Employee Statement in Lieu of Oath Pursuant to Civil Service Law §62 (Form DOS-1690) PDF  

State Employee Oath/Affirmation and Public Officers Law §78 Certificate (Form DOS-1691) PDF

State Employee Statement in Lieu of Oath Pursuant to Civil Service Law §62 and Public Officers Law §78 Certificate (Form DOS-1689) PDF   Alternative form for use by Native Americans

Employees of the Senate or Assembly must complete one of the following forms.

Senate or Assembly Employee Statement in Lieu of Oath Pursuant to Civil Service Law §62 (Form DOS-1688) PDF

Senate or Assembly Member, Officer or Employee Oath/Affirmation (Form DOS-1692) PDF

Senate or Assembly Employee Statement in Lieu of Oath Pursuant to Civil Service Law §62 (Form DOS-1687)  Alternative form for use by Native Americans


Instructions for completing and filing forms

  1. Only forms provided by the Department of State may be used.  Other forms are unacceptable for filing and will be returned. 
  1. Type all required information, except for the signature, on to the fillable form.  Illegible forms will be returned. 
  1. Print the form.
  1. Signed with black ink.  Some forms a signature in two places.
  1. Completed forms must be mailed or hand delivered to the New York Department of State, State Records, One Commerce Plaza, 99 Washington Avenue, 6th Floor, Albany, NY 12231.  Completed forms may be hand delivered Monday through Friday 9:00 a.m. to 4:30 p.m. at the above address.