Chapter 2.12
OFFICERS AND EMPLOYEES—LOYALTY REQUIREMENTS

Sections:

2.12.010    Scope.

2.12.020    Loyalty oath required.

2.12.040    Oath and affidavit—Execution and filing.

2.12.050    Oath and affidavit—Forms available from city clerk.

2.12.060    Oath and affidavit—Procedure for execution.

2.12.070    Violation—Investigation and report required.

2.12.080    Violation—Penalty.

2.12.010 Scope.

The oaths and affidavits required by this chapter to be executed shall apply to all officers and employees appointed by or under the jurisdiction of the city clerk, city auditor, city attorney, the mayor, or of this council. (Prior code § 2.118)

2.12.020 Loyalty oath required.

Every person who is elected or appointed to an office or position in the service of the city must, before entering upon the duties of his office or position, take and subscribe to the following oath:

I, ________ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of California, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.

(Ord. 08-001 § 1, 2008: prior code § 2.117)

2.12.040 Oath and affidavit—Execution and filing.

It shall be the duty of the head of each department or such other officer as the city clerk may designate to require each officer and employee to execute and file the oath and affidavit required by this chapter. Such oaths and affidavits shall be on file with the city clerk. (Prior code § 2.119)

2.12.050 Oath and affidavit—Forms available from city clerk.

The city clerk is directed to have printed forms of the oath and affidavits required by this chapter and to make the same available to such heads of departments or other officers as the city clerk may designate. (Prior code § 2.121)

2.12.060 Oath and affidavit—Procedure for execution.

Each oath and affidavit required by this chapter shall be taken, executed and signed before an officer authorized by law to administer oaths, and the jurat of such officer shall be affixed to the document so subscribed under the official seal of such officers. (Prior code § 2.122)

2.12.070 Violation—Investigation and report required.

Whenever the head of any department or any other official of the city is in doubt as to whether or not an officer or employee subject to his direction swore falsely in or has violated an oath required by this chapter, he shall investigate and determine so far as possible the facts involved in the case and report the same to the city clerk. (Prior code § 2.123)

2.12.080 Violation—Penalty.

Whenever the city clerk or other appointing power determines that an officer or employee subject to the requirements of this chapter has sworn falsely or has violated an oath required under this chapter or has refused to comply with the requirements of this chapter, he shall discharge such person. Any violation of the requirements of this chapter shall constitute misconduct and a failure to perform duties and shall be grounds for dismissal. (Ord. 08-001 § 3, 2008: prior code § 2.124)