The election is over, the municipal clerk has received written certification of who has won a seat as a mayor and as councilmembers. Now it's time for the newly-elected officials to begin the work of their offices. Among the critical first questions for everyone is exactly when do the elected officials' terms begin, and how to conduct the oath of office for each of them.
Effective dates
State law does not provide for an effective date of a municipal official's term of office. Effective dates vary by municipality, and so cities and towns should make sure they have clarified the date by ordinance.
Oaths
According to the South Carolina Constitution, all municipal officers must take an oath of office. The requirement includes elected officials, but it also includes nonelected officials in public offices. Court and attorneys general opinions consider a public office to exist if the position is created by statute or ordinance; the position's duties involve the exercise of the state's sovereign power, including the exercise of discretionary powers; and the position and its duties are ongoing and continuing.
Article VI, Section 5 of the South Carolina Constitution specifies the exact wording of the oath required of all officers:
"I do solemnly swear (or affirm) that I am duly qualified, according to the constitution of this state, to exercise the duties of the office to which I have been elected (appointed), and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect, and defend the constitution of this state and of the United States. So help me God."
State law provides for a second oath of office for elected mayors and councilmembers, found in SC Code Section 5-15-150:
"As mayor (councilmember) of the municipality of _____________, I will equally, fairly, and impartially, to the best of my ability and skill, exercise the trust reposed in me, and I will use my best endeavors to preserve the peace and carry into effect according to law the purposes for which I have been elected. So help me God."
Neither the constitution nor state law specifies the method for taking the oath, such as placing a hand over a religious text or raising one hand.
The Municipal Association recommends that a judge or notary public read the oaths in the presence of the official taking the oaths. The official should verbally acknowledge acceptance of the oaths and sign and date a written copy of them. The municipality should then make sure the signed oaths are notarized and filed as a permanent record. It should make sure the signed oaths are retained for at least two years, according to the SC General Records Retention Schedules for Municipal Records, and the Municipal Association recommends retaining oaths for at least for the length of each official's current term. Retaining documentation of the swearing in can help to prevent legal challenges to the actions of a governing body.
Requiring an official to repeat the oaths or conducting the swearing in at a public meeting or a ceremony may be part of an optional practice, but it is not required unless directed by local ordinance or rules of procedure. Administering the oaths at a public meeting provides the benefit of further documentation in the meeting's minutes.
Newly elected officials and board or commission members should take the required oath or oaths before performing any official duties. For other municipal officers, the oaths should be administered on or before their first day of employment.
Learn more in the Municipal Association's Handbook for Municipal Officials in South Carolina online.