8692r �
ORDINANCE NO. 8692
AN ORDINANCE REQUIRING EVERY PERSON ELECTED, APPOINTED
OR EMPLOYED TO ANY OFFICE OR POSITION IN THE SERVICE
OF THE CITY OF LITTLE ROCK, ARKANSAS, UPON ENTERING
OFFICE OR POSITION, TO SUBSCRIBE TO THE LOYALTY OATH,
AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK,
ARKANSAS:
SECTION 1. Every person who is hereafter eleoted or
appointed to an office or position in the service of the City of
Little Rock, Arkansas, must, before entering upon the duties of
his office or position, take and subscribe to the oath or affirma-
tion required herein.
SECTION 2. Every person who now holds or occupies an
office or position in the service of the City of Little Rook must,
within thirty (30) days after the effective date of this ordinance,
or if he be on leave or under suspension for cause from the
service of the City at such effective date, within thirty (30)
days after his return to said service, take .and subscribe to the
oath set forth herein.
SECTION 3. Every person who As hereafter e16ct4d or
appointed to any office or position in the service of the City of
Little Rook must, before entering upon his duties of his office
or position, execute an affidavit stating whether or not he is or
ever was a member of the Communist Party of the United States of
America or of the Communist Political Association, and if he is
or was such a member, state the dates when he became, and the
periods during which he was, such a member; provided, however,
that no additional affidavit shall be required on account of the
transfer, demotion or promotion of any person who has once executed
an affidavit under this Section.
SECTION 4. Every oath and affidavit required hertz
shall be taken, executed and signed before an officer authorized
by law to administer oaths, and a jurat of such officer shall be
affixed to the document so subscribed under the official seal of
such officer. No officer or emp3byee of the City shall rewire
or receive the payment of any fee for administering any oath or
affirmation provided for herein.
SECTION 5. The form of the affidavit required herein
,h,
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In Sections 1, 2 and 3 hereof shall be
Clerk, and the City Clerk shall secure
of printed forms of the said affidavit
required and shall furnish such forma
to officers and employees of the City,
Service Commissioners and to the heads
the City.
prepared by the City
and maintain a supply
and of the oath
is may be necessary
to the Board of Civil
of all departments of
SECTION 6. It shall be the duty of each appointing
power to require each officer or employee to execute and file
with the Clerk of the City an oath and affidavit as required
herein.
SECTION 7. The loyalty oath and affidavit is as
follows:
"Read carefully, sign, have your signature adknowledged, and
return to your supervisor or appointing authority.
LOYALTY OATH AND AFFIDAVIT
A. LOYALTY OATH
I,
(Type or Print Name In
do solemnly swear (or affirm) that I will support and defend
the Constitution of the United States and the Constitution of
the State of Arkansas against all enemies, foreign and domestic;
that I will bear true faith and allegia.noa to the Constitutl6li
of the United States and the Constitution of the State of
Arkansas; that I take this obligation freely, without any mental
reservation or purpose of evasion; and that I will well and
faithfully discharge the duties of officeM now hold or upon which
I am about to enter.
And I do further swear (or affirm) that I do not advocate, nor
am I a member of any party or organization, political or other-
wise, that now advocates the overthrow of the Government of the
United States or of the State of Arkansas by force or violence
or other unlawful means; that within the rive years immediately
preceding the taking of this oath (or affirmation) I have not
been a member of any parry or organization, political or other-
wise, that advocated the overthrow of the Government of the
United States or of the State of Arkansas by force or violence
or other unlawful means except as follows:
no affiliations., wr _s In the words o excep ons
and that dt ring such time as I an e— ::employee of the
CITY OF LITTLE ROCK, STATE OF ARKANSAS, I 'will not .advocate nor
become a member of any party or organization, political or other-
wise, that advocates the overthrow of the Government of the
United States or of the State of Arkansas by force or violence
or other unlawful means.
B. AFFIDAVIT OF NON - MEMBERSHIP
I am not and have never been a member of'sither the
Communist Party of the United States of America or of the
Communist Political Association.
Signature
Department
-3-
NThe above Loyalty Oath was taken and subscribed and
the above Affidavit was subscribed and sworn to before me
this day of , 19 .
H. C. GRAHAM, CITY CLERK )
City of Little Rock,
)
State of Arkansas ) or Notary Fallo
In and for the County of Pulaski,
By Deputy ) ( State of Arkansas
AFFIDAVIT INSTRUCTIONS
1. The City of Little Rock requires all officers and
employees of the City to sign an Affidavit as to member-
ship in the Communist Party of the.United States of
=_ America or the Commnist Political Association.
2. If you are now or ever have been a member of the
Communist Party of the United States of America or the
Communist Political Association, cross out the Affidavit
of Non - Membership above and ask for and fill out the form
entitled "Affidavit as to Membership."
3. Your signature must be acknowledged by a Deputy City
Clerk or a Notary Public who is not permitted by law to
charge a fee for this service.
SECTION 9. Whenever an appointing authority is in doubt
as to whether or not an officer or employee subject to his diree-
tion swore falsely in or has violated an oath required hereunder,
he must investigate and determine the facts or., if he is the
department head of his department, he must either investigate
and determine the facto or report the case to the committee of
aldermen of his department, and in the latter event the said
committee of aldermen must then investigate and determine the facts.
The Secretary of the Civil Service Commission.shall be and act as
the Secretary ft these matters.
SECTION 9. Such Committee, after investigation, shall
file a resolution as to their finding and shall transmit a copy of
said resolution with statements of the grounds for such investiga-
tion and of their findings, and the Secretary of said Commission
shall fix a time and a place for beginning of an inquiry and shall
give at least fifteen (15) days notice thereof to the person to be
charged. The notice to the respondent shall include a statement
of the grounds of the inquiry.
SECTION 10. The Secretary of the Committee shall
file the findings of the Committee with the Civil Service Com-
mission, who shall hear all facts and who shall have the power
.
to discharge said respondent if the finding of fact justifies
the discharge for non - compliance with the requirements of the
oath and affidavit or for the violations as set forth with
respect to said oath or affidavit.
SECTION 11. The Commission shall meet at a time and
place fixed and shall then proceed to inquire into the matter.
if The respondent shall be present at such meeting and at such
Mtbse4uent _ xeetinge of the 4?eemss►
SECTION 12. The right of appeal shall be as how
established by law as in all matters heard before the Civil
Service Commission.
SECTION 13. If any provision, section or paragraph,
sentence, clause, phrase or word of this ordinance is for any
reason held unconstitutional or invalid, such decision shall not
affect the validity of any other part of this ordinance, and the
Council hereby declares that it would have adopted.each provision,
section, paragraph, sentence, clause, phrase and word herein
contained without regard to the adoption at the same time of
the other parts.
SECTION 14. All ordinances and parts of ordinances
in conflict herewith are hereby repealed, and unless the provi-
sions of this ordinance are put into effect immediately, the
public peace, health and safety of the people of Little Rook,
Arkansas, will be adversely affected; therefore an emergency
Is hereby declared to exist and this ordinance shall be in
full force and effect from and after its passage and approval.
PASSED: June 25, 1951
ATTEST:
City Clerk
APPROVED:
44"A Mayor