Swearing Is Required By The California Constitution
When I was appointed Commissioner of Corporations, I took an oath to support the U.S. and California constitutions. Although I don’t recall inquiring about the source of the oath at the time, the oath (and its text) is set forth in Article XX, Section 3 of the California constitution. The constitution goes on to prohibit any other oath, declaration, or test as a qualification for any public office or employment. The Government Code actually has detailed provisions governing the “manner of taking, subscribing, and filing the required oath. See Government Code § 1360 et seq. (non civil service employees) and § 18150 (oaths for state employees generally).
What Happens If You Don’t Swear
There’s a name for state officers that fail to subscribe to the constitutional oath – volunteers. Government Code § 1367 prohibits the payment of any compensation or reimbursement to any officer unless he or she has taken and subscribed to the oath. In addition, Government Code § 18154 provides that anyone appointed to a non-civil service position who fails to take the oath within the prescribed time forfeits his or her position. See also Government Code § 1770(i).
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