N.Y. Civil Service Law § 62: Constitutional oath upon appointment

§ 62. Constitutional oath upon appointment. Every person employed by

the state or any of its civil divisions, except an employee in the labor

class, before he shall be entitled to enter upon the discharge of any of

his duties, shall take and file an oath or affirmation in the form and

language prescribed by the constitution for executive, legislative and

judicial officers, which may be administered by any officer authorized

to take the acknowledgment of the execution of a deed of real property,

or by an officer in whose office the oath is required to be filed. In

lieu of such oath administered by an officer, an employee may comply

with the requirements of this section by subscribing and filing the

following statement: "I do hereby pledge and declare that I will support

the constitution of the United States, and the constitution of the state

of New York, and that I will faithfully discharge the duties of the

position of ............, according to the best of my ability. " Such

oath or statement shall be required only upon original appointment or

upon a new appointment following an interruption of continuous service,

and shall not be required upon promotion, demotion, transfer, or other

change of title during the continued service of the employee, or upon

the reinstatement pursuant to law or rules of an employee whose services

have been terminated and whose last executed oath or statement is on

file. The oath of office heretofore taken by any employee as previously

required by law, and the oath of office hereafter taken or statement

hereafter subscribed by any employee pursuant to this section, shall

extend to and encompass any position or title in which such person may

serve as an employee during the period of his continuous service

following the taking of such oath or subscribing of such statement, and

his acceptance of such new title shall constitute a reaffirmance of such

oath or statement. The oath or statement of every state employee shall

be filed in the office of the secretary of state, of every employee of a

municipal corporation with the clerk thereof, and of every other

employee, including the employees of a public library and the employees

of boards of cooperative educational services, if no place be otherwise

provided by law, in the office of the clerk of the county in which he

shall reside. The refusal or wilful failure of such employee to take and

file such oath or subscribe and file such statement shall terminate his

employment until such oath shall be taken and filed or statement

subscribed and filed as herein provided.

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 this

section by instead subscribing and filing the following statement:

"I do solemnly affirm that I will faithfully discharge the duties of

the position of according to the best of my ability, and

perform my duties in a manner consistent with the constitution of the

United States and the constitution of the state of New York."