Loading...
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, t i r 2- 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