Kelley Baker kbaker@hslegalfirm.com
Karen Haase khaase@hslegalfirm.com @KarenHaase
Steve Williams
Bobby Truhe
swilliams@hslegalfirm.com @SteveisEsteban
btruhe@hslegalfirm.com @btruhe
The Oath of Office for Omaha Public Schools Board Members
We have received a number of phone calls today regarding the article in the OMAHA WORLD HERALD about the oath of office for members of the Omaha Public Schools Board of Education. The article raised the issue whether the election of new OPS board members was void because they did not take the oath of office before the first Monday in January. The statute at issue regarding the oath for OPS board members is 79-552. Section 552 is limited to Class V school districts, and OPS is the only Class V district. It states in pertinent part: All persons elected as members of the board of education shall take and subscribe to the usual oath of office before the first Monday in January following their election, and the student member shall take and subscribe to the usual oath of office before the first Monday in January following his or her designation. In case any person so elected fails so to do, his or her election shall be void and the vacancy shall be filled by the board. Take comfort that section 552 does not affect Class III school districts. There is no statute that sets a deadline for Class III board members to take an oath of office and January 14th or some other date will work very nicely (and legally). As always, if you have questions about this or any other legal issue, we urge you to consult with your school district's attorney or contact Kelley, Karen, Steve or Bobby. I:\3\7613\E-mail Updates\136 -- OPS Oath of Office.docx