Appointment And Oath Of Office

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This directive is for internal use only and does not enlarge an employee’s civil liability in any way. The directive should not be construed as creating a higher duty of care, in an evidentiary sense, with respect to third party civil claims against employees. Violations of this directive, if proven, can only form the basis of a complaint by the San Juan County Sheriff’s Office for non-judicial administrative action in accordance with the rules and laws governing employee discipline.
DIRECTIVE TYPE: POLICY SUBJECT: Appointment and Oath of Office NUMBER: ADMN-101.00
APPROVED BY: Sheriff Ken Christesen EFFECTIVE DATE: 12/30/2014
NMLEA STANDARDS: ADM.01.01 LAST MODIFIED: 12/30/2014 LAST REVIEW: 5/23/2017


PURPOSE:


In order to maintain compliance with statutory and constitutional requirements of the State of New Mexico, this policy establishes proper procedures regarding the appointment of deputy sheriffs and the required oath of office for such deputies.


POLICY:


It is the policy of the San Juan County Sheriff’s Office that before assuming sworn status, all deputies will be appointed by the Sheriff and will take an oath of office to faithfully perform the duties of the Sheriff’s Office, to support the Constitution of the United States and the State of New Mexico, and to subsequently abide by this oath of office.


PROCEDURE:


APPOINTMENT & OATH OF OFFICE (ADM.01.01)


Once an appointment to deputy sheriff has been made, as authorized in “Deputy sheriffs; appointment and term; merit system” (NMSA 4-41-5), the oath will be administered pursuant to the New Mexico Constitution – Article XX, Section 1 and in compliance with “Acknowledgments and Oaths” (NMSA 14-13-1 – 14-13-3).


FILING OF NOTICE OF APPOINTMENT & OATH OF OFFICE


As required in “Right to carry arms; deputies; appointment” (NMSA 4-41-10), on the appointment of any regular or permanent deputy sheriff a written notice of appointment and a notarized oath of office will be filed with the San Juan County Clerk. The written notice of appointment shall also be filed with the clerk of the District Court in San Juan County. The Sheriff’s executive office assistant is responsible for filing and maintaining copies of these documents.


CROSS REFERENCES:


  1. New Mexico Constitution – Article XX, Section 1.
  2. Deputy Sheriffs; appointment and term; merit system [4-41-5 NMSA 1976].
  3. Right to carry arms; deputy appointment [4-41-10 NMSA 1978 (2006)].
  4. Acknowledgments and Oaths [14-13-1 – 14-13-3 NMSA 1976].
  5. Notice of Appointment – Attachment A.
  6. Oath of Office – Attachment B.