Does a City Need to Administer a Police Officer Oath of Office?

Recently, I was contacted by a police chief who inquired if a city is required to administer an oath of office to a new police officer. I tried to remember if I was administered an oath when I was first hired as a peace officer over 43 years ago. Unfortunately, as I remember, I did not raise my right hand and affirm an oath and there was no formal ceremony before my first day on the job. I have learned that this was quite common over the years and that some agencies were not administering an oath of office.

The police chief who contacted the League was wondering if there is a legal requirement for new officers to take an oath of office. If so, he also wanted to know whether the oath of office must be in writing, as the city received a data practices request for all written oaths of office for members of the police department.

It upholds constitutional principles, reflects an agency’s code of conduct and ethics, and affirms a peace officer’s commitment to faithfully discharge the duties of protecting and serving the public. The oath is an expression of allegiance to the constitutional rights of those we serve and illustrates the personal commitment and dedication of agency members to their primary duties and responsibilities. Acknowledging the oath means accepting a tremendous responsibility.

In researching this question, I conducted a quick internet search for "police oath of office" and found several agency policies, along with a variety of oath wordings. I also learned that publicly posting these oaths is considered important because it demonstrates a commitment to community service and transparency while serving the public interest.

The Oath of Office: A Solemn Promise

I then wondered whether there was a constitutional requirement or applicable statute addressing oaths of office and found several important provisions.

First, Article VI, Clause 3 of the U.S. Constitution provides:

“The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

This language makes the requirement that police officers take an oath or affirmation self-evident. Minnesota is one of the several states, and police officers are members of the executive branch who exercise the state's authority to enforce laws.

Second, a 1946 federal statute, 4 U.S.C. § 101, provides:

“Every member of a State legislature, and every executive and judicial officer of a State, shall, before he proceeds to execute the duties of his office, take an oath in the following form, to wit: ‘I, A B, do solemnly swear that I will support the Constitution of the United States.’”

This statute requires state legislative, executive and judicial officers to swear allegiance to the U.S. Constitution before carrying out the duties of their offices. It reinforces the supremacy of the U.S. Constitution and requires state officials to uphold it.

Third, the Minnesota Constitution also addresses oaths of office in Article IV, Section 8, and Article V, Section 6. Article IV, Section 8, states:

 “Each member and officer of the legislature before entering upon his duties shall take an oath or affirmation to support the Constitution of the United States, the constitution of this state, and to discharge faithfully the duties of his office to the best of his judgment and ability.”

Additionally, Article V, Section 6, addresses the oath of office for executive officers and states:

“Each officer created by this article before entering upon his duties shall take an oath or affirmation to support the constitution of the United States and of this state and to discharge faithfully the duties of his office to the best of his judgment and ability.”

 Finally, Minn. Stat. § 358.05 provides:

“The oath of office to be taken by members and officers of either branch of the legislature shall be that prescribed by the Constitution of the state of Minnesota, article IV, section 8. Every person elected or appointed to any other public office, including every official commissioner, or member of any public board or body, before transacting any of the business or exercising any privilege of such office, shall take and subscribe the oath defined in the Constitution of the state of Minnesota, article V, section 6.”

Is a Policy Required?

Although a written policy is not formally required, it is recommended that law enforcement agencies adopt one affirming that department members take an oath of office as an expression of their commitment to the constitutional rights of those they serve and their dedication to faithfully carrying out their duties.

The wording of an oath of office is not explicitly defined in the Constitution, merely the requirement that an oath be taken whereas an officer promises to do one fundamentally important thing – “support and defend the Constitution of the United States.”

Because of this, the wording of an oath of office varies and I have several sample policies including sample oaths of office available for your agency to consider.

The International Association of Chiefs of Police (IACP) Governing Body recently revisited the IACP Oath of Honor to punctuate the importance of treating all individuals with dignity and respect and ensuring the preservation of human life. 

The Oath of Honor focuses on integrity, character, public trust, courage, accountability and community, and serves as a commitment to ethical behavior. The Oath of Honor and the Oath of Office are distinct pledges with different purposes. The Oath of Office is a legally binding requirement for holding public office, while the Oath of Honor is a voluntary personal commitment to ethical conduct. The IACP encourages agencies to incorporate the Oath of Honor into swearing-in ceremonies to reinforce the department's core values. The IACP document and other oath resources can be accessed by visiting this webpage.

Maintenance Of Records

Oaths required by law must be filed as provided in Minn. Stat. §§ 387.01 and 387.14. Other oaths should be maintained with an employee's personnel records.

Each law enforcement agency should administer an oath of office to every licensed officer it employs, rather than relying on the oath administered by the officer's previous employer. The oath does not transfer from one agency to another. Additionally, during challenging times, agencies may find value in renewing the oath officers took when they entered the profession.

Minn. Stat. § 358.11 specifies where oaths of office must be filed. Oaths must be filed with the secretary of state for elected or appointed state officers; the city clerk or recorder for municipal officers; the town clerk for town officers; the clerk of a school district for school district officers; and the county auditor for county officers.

Questions?

It is important to understand the meaning, significance and legal requirements of the oath of office to deepen our understanding of the Constitution that police officers solemnly swear to uphold. I am available to answer any questions about adopting an oath of office and I have several sample policies for your agency to consider. I can be contacted at 763-232-5328 or by email at tstille@lmc.org.

Stay Safe,

Tracy

Remember: Responder Safety = Public Safety