Basic (12-03)

SL 60001.640 Public Officers

An officer of a State or political subdivision is an employee by statutory definition. Generally, the statutory authority establishing the position describes the occupant of a position as a public officer if, in fact, that is his/her status. Indicative of such status are provisions that the individual has tenure in his/her position and that he/she takes an oath of office. Generally, a public officer exercises some part of the sovereign power of the State or political subdivision.


A mayor, member of a legislature, county commissioner, State or local judge, justice of the peace, country or city attorney, marshal, sheriff, constable, or a registrar of deeds is a public official. Other examples are tax collectors, tax assessors, road commissioners, members of boards and commissions, such as school boards, utility districts, zoning boards, and boards of health.


A notary public and a juror perform the functions of a public office but are not public officers and are not employees.


Reference: Social Security Ruling 72-36

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SL 60001.640 - Public Officers - 12/09/2005
Batch run: 12/12/2005