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B-126663, MAR. 28, 1957

B-126663 Mar 28, 1957
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A CHECK BOX AND THE STATEMENT "CHECK IF OATH IS TAKEN BEFORE A PERSON DESIGNATED TO ADMINISTER OATHS UNDER SECTION 206. IT APPEARS THAT THIS PROPOSED NOTATION WAS SUGGESTED BY A DEPARTMENT OF COMMERCE EMPLOYEE AND THAT AN INFORMAL CHECK WITH SEVERAL AGENCIES HAS INDICATED THAT SUCH NOTATION IS BEING MADE ON STANDARD FORM 61 WHEN APPLICABLE. YOUNG SAYS OUR ADVICE IS REQUESTED IN VIEW OF THE FACT THAT "THE PROPOSED NOTATION APPEARS TO BE INTENDED PRIMARILY TO BENEFIT FISCAL OFFICERS.'. IS AUTHORIZED TO ADMINISTER THE OATH OF OFFICE. APPOINTMENT AFFIDAVITS SOMETIMES HAVE BEEN ADMINISTERED BY PERSONS NOT AUTHORIZED TO ADMINISTER OATHS GENERALLY.

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B-126663, MAR. 28, 1957

TO OFFICE OF THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION:

ON FEBRUARY 20, 1957, MR. YOUNG, THEN CHAIRMAN OF THE COMMISSION, REQUESTED OUR VIEWS ON THE ADVISABILITY OF INCLUDING NEAR THE BOTTOM OF STANDARD FORMS 61, APPOINTMENT AFFIDAVITS, AND 61A, CIVIL OFFICER APPOINTMENT AFFIDAVITS, A CHECK BOX AND THE STATEMENT "CHECK IF OATH IS TAKEN BEFORE A PERSON DESIGNATED TO ADMINISTER OATHS UNDER SECTION 206, ACT OF JUNE 26, 1943.'

IT APPEARS THAT THIS PROPOSED NOTATION WAS SUGGESTED BY A DEPARTMENT OF COMMERCE EMPLOYEE AND THAT AN INFORMAL CHECK WITH SEVERAL AGENCIES HAS INDICATED THAT SUCH NOTATION IS BEING MADE ON STANDARD FORM 61 WHEN APPLICABLE. MR. YOUNG SAYS OUR ADVICE IS REQUESTED IN VIEW OF THE FACT THAT "THE PROPOSED NOTATION APPEARS TO BE INTENDED PRIMARILY TO BENEFIT FISCAL OFFICERS.'

SECTION 206 OF THE ACT OF JUNE 26, 1943, 57 STAT. 196, PROVIDES THAT ANY OFFICER OR EMPLOYEE OF ANY OF THE EXECUTIVE DEPARTMENTS OR INDEPENDENT ESTABLISHMENTS, INCLUDING ANY GOVERNMENT-OWNED AGENCY, DESIGNATED IN WRITING BY THE HEAD THEREOF FOR SUCH PURPOSE, IS AUTHORIZED TO ADMINISTER THE OATH OF OFFICE.

IN THE PAST, APPOINTMENT AFFIDAVITS SOMETIMES HAVE BEEN ADMINISTERED BY PERSONS NOT AUTHORIZED TO ADMINISTER OATHS GENERALLY. THEREFORE, WE BELIEVE THAT THE PROPOSED SUGGESTION HAS MERIT AS A PREVENTIVE MEASURE. HOWEVER, WE FEEL IT WOULD BE PREFERABLE TO REVISE THE NOTE NOW ON THE FORM INSTEAD OF MAKING THE NOTATION A SEPARATE ITEM. IN THAT CONNECTION, WE SUGGEST THAT THE NOTE BE REVISED TO READ:

"NOTE.--- THE OATH OF OFFICE MUST BE ADMINISTERED BY A PERSON SPECIFIED IN 5 U.S.C. 18, OR BY A PERSON DESIGNATED TO ADMINISTER OATHS UNDER SECTION 206, ACT OF JUNE 26, 1943, 5 U.S.C. 16A. IF BY A NOTARY PUBLIC, THE DATE OF EXPIRATION OF HIS COMMISSION SHOULD BE SHOWN.'

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