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State Personnel Management Manual
Advisory Memorandum # 90-10

1800 Appointments
September 14,1990

TO: Department and Agency Personnel and Affirmative Action
FROM: Robert Parrish, Director of Staffing Services Division
SUBJECT: Constitutional Oath upon Appointment

Section 62 of the Civil Service law, and Section 3002 of the Education law have both been amended in a bill signed by the Governor on June 2, 1990, to allow American Indians to comply with the constitutional oath requirements of these sections by either signing the standard pledge or, alternatively, an oath consisting of the following language:

"I do solemnly affirm than will faithfully discharge the duties of the position of according to the best of my ability, and perform my duties in a manner consistent with the constitution of the United States and the constitution of the state of New York"

The individuals who are entitled to use this alternative language are enrolled members of an Indian nation or an Indian individual having an affiliation with an Indian nation recognized by the United States or the State of New York.

The Department of State currently provides agencies with form PCS 11493 containing the standard pledge which must be signed by new employees. Later in the year a new form will be made available to agencies for use by American Indians wishing to sign the alternative constitutional oath. In the meantime you can have these individuals sign a statement containing the same information as is on the current PCS 11493 but using the alternative language above.

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