3002 - Oath to support federal and state constitutions.

§ 3002. Oath  to  support federal and state constitutions. It shall be  unlawful for any citizen of the  United  States  to  serve  as  teacher,  instructor  or  professor  in  any  school  or institution in the public  school system of the state or in  any  school,  college,  university  or  other  educational  institution  in  this state, whose real property, in  whole or in part, is exempt from taxation under section four of the  tax  law  unless  and  until  he  or  she shall have taken and subscribed the  following oath or affirmation: "I do solemnly swear (or affirm)  that  I  will  support  the  constitution of the United States of America and the  constitution of the State of  New  York,  and  that  I  will  faithfully  discharge,  according  to  the  best  of  my  ability, the duties of the  position  of ........................(title  of  position  and  name  or  designation  of  school,  college,  university or institution to be here  inserted), to which I am now assigned."    The oath required  by  this  section  shall  be  administered  by  the  president   or  other  head  of  such  school,  college,  university  or  institution, or by the officer or person, or in the case of a  board  or  body  by  a member of the board or body, having authority to employ such  person as a teacher, instructor or professor in  such  school,  college,  university  or  institution, and each is hereby authorized to administer  it. The officer, person or member administering such oath shall cause  a  record or notation of the fact to be made in the books or records of the  school,  college,  university  or  institution.  In  lieu  of  the  oath  administered by an officer, person or member,  an  employee  may  comply  with  the  requirements  of  this  section by subscribing and filing the  following statement: "I do hereby pledge and declare that I will support  the constitution of the United States and the constitution of the  State  of  New  York,  and  that  I will faithfully discharge the duties of the  position  of ..........................according  to  the  best  of   my  ability."  Such  oath  or  statement  shall be filed with the clerk of a  school district or with such officer or employee of  any  such  college,  university or other educational institution that shall be designated for  such  purpose.  Such  oaths  or statements shall be available for public  inspection and for transmittal to the commissioner of education upon his  request. It shall be unlawful for an officer,  person  or  board  having  control   of  the  employment,  dismissal  or  suspension  of  teachers,  instructors or professors in  such  a  school,  college,  university  or  institution, to permit a person to serve in any such capacity therein in  violation  of  the provisions of this section. This section shall not be  construed to require a person to take  such  oath  or  to  execute  such  statement  more  than  once during the time he or she is employed in the  same school, college, university  or  institution,  though  there  be  a  change in the title or duties of the position.    The provisions of section sixty-two of the civil service law shall not  apply  to  a  person  who  is  required  to take the oath or execute the  statement prescribed by this section.    An enrolled member 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 may elect to comply with the requirements of  this  section by instead subscribing and filing the following statement:    "I  do  solemnly affirm that I 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."