2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 3 - Official Oaths and Commissions
Article 1 - Official Oaths
§ 45-3-8. Effect of Failure to Take and File Oath Generally
No officer or deputy required by law to take and file the oaths prescribed in Code Section 45-3-1 shall enter upon the duties of his office without first taking and filing the same in the proper office.
(Orig. Code 1863, § 141; Code 1868, § 136; Code 1873, § 146; Code 1882, § 146; Civil Code 1895, § 241; Civil Code 1910, § 276; Code 1933, § 89-309.)
OPINIONS OF THE ATTORNEY GENERAL
Local board of education member to take oath prior to assuming duties.
- A local board of education member was required to take the oath specified in former Code 1933, § 89-302 (see now O.C.G.A. § 45-3-1). Until the member takes the oath, the local board member was not to enter upon the duties of office. 1975 Op. Att'y Gen. No. 75-15.
Reelected or reappointed members may continue to serve.- Members-elect of a local board of education shall not enter upon the duties of office until qualified, commissioned, and administered the appropriate oaths. An incumbent board member who has been reelected or reappointed may continue to serve as an official member of the board prior to receiving the commission and being administered the appropriate oaths for the new term. 1975 Op. Att'y Gen. No. 75-15.
Emergency squad members to be qualified as deputy sheriffs.- A police intelligence unit should provide that members of emergency squads be qualified as de jure deputy sheriffs in all counties in which they intend to operate. 1969 Op. Att'y Gen. No. 69-473.
RESEARCH REFERENCES
ALR.
- Constitutional, statutory, or charter provision as to time of taking oath of office and giving official bond as mandatory or directory, 158 A.L.R. 639.
