Lack of Oaths of Office Does Not Invalidate Decision.

By: Attorney Timothy J. Bupp

In a case that provides good news to municipalities, a Berks County Court of Common Pleas Judge has handed down a decision holding a zoning hearing board’s decision valid, even though the Board Members had not filed a signed oaths of office prior to making their decision.

The appeal in question was initiated when the developer/landowner’s request for a special exception was denied by the zoning hearing board.  The landowner appealed the decision, claiming that it was invalid because members of the zoning hearing board had not filed signed oaths of office with the township office, and also had not filed financial disclosure statements as required under the Pennsylvania Ethics Act.

Section 501 of the Second-Class Township Code requires that “every person elected or appointed to any township office” shall take an oath to perform their duties with fidelity prior to taking up the office.  A copy of the oath is to be filed with the Township Secretary.  There are corresponding sections in the First-Class Township and Borough Codes that also require oaths to be sworn or affirmed and filed with the municipal office.

While the Judge recognized that oaths of office and financial statements should be filed as required, he held that these procedural failures were insufficient to invalidate the substantive decision rendered by the zoning hearing board.  While this decision is a victory for municipalities everywhere, it does not mean that municipalities are not required or should not have all elected and appointed officials take oaths put on record.  

The Pennsylvania legislature has recently formalized the language of a municipal oath of office.  For a copy of a blank oath of office containing the legislative language, or for other questions related to this topic, contact the CGA Law Firm municipal department.