A necessary right-of-passage for literally hundreds of state and local government boards, special districts and other governmental and quasi-governmental entities in New York, is the taking and filing of oaths of office by their members. For some, it is a solemn event with right hands raised and left hands on a Bible as family, friends and colleagues look on. For others, it is a far more ministerial process, but nonetheless just as important. For all, as critical a step is as taking the oath, the filing of that oath in the appropriate office and within a specific time is equally as vital to make it official.

In some instances, the filing of an oath is to be accompanied by an undertaking, or bond. The undertaking provides security in cases of public officials who are also directly in control of fiduciary funds, be they taxpayer monies, proceeds from bond sales, retirement accounts, and the like. In the eyes of the law, the undertaking is equal to the oath sworn in terms of satisfying the filing obligation imposed by §11 of the New York Public Officers Law (PBO) or other controlling authority. According to §11, the undertaking or other security is posted to assure that “[the officer] will faithfully discharge the duties of his office and promptly account for and pay over all moneys or property received by him as such officer ….”

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