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e-Li: Electronic Library

Oath of Office and Bond-County Clerk

Before entering into office, the county clerk must take and subscribe to the constitutional oath and the oath of office known as the fidelity oath. T.C.A. § 8-18-111. Oaths of office are covered under the General Information tab of the County Offices topic. The deputy's oath of office is the same as that of the county clerk; it must be certified, filed, and endorsed in the same manner. T.C.A. § 8-18-112.

Prior to entering into the duties of the office, the county clerk must post either a $100,000 official bond in counties with a population of 15,000 or more, or a $50,000 bond in counties with a population of less than 15,000. T.C.A. § 18-6-101. The bond must be approved by the county mayor, recorded in the office of the register of deeds and filed in the county clerk’s office for safekeeping. T.C.A. §§ 8-19-102, 8-19-103, 67-1-505, 54-4-103(c), 54-7-108. If a County Clerk is acting as clerk of a court, the judge of that court should also approve the official bond and may require a greater bond. Bonds are covered in more detail under the General Information tab of the County Offices topic.

Counties are also authorized to purchase insurance policies in place of bonds for both officials and employees. Insurance as a Substitute for Bonds is covered more in detail under the General Information tab of the County Offices topic.