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Goodhue County to require oath of office for planning advisory commissioners under Minn. Stat. 358.05; board plans swearing at next meeting

Goodhue County Board of Commissioners · February 18, 2026
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Summary

Commissioners discussed Minn. Stat. 358.05 and agreed planning advisory committee members should take the constitutional oath of office; staff said the board chair or vice chair can administer the oath and the county will schedule oaths during next meetings and include them in new-member orientation.

Commissioners discussed whether advisory committee members — specifically the planning advisory commission and potentially members of boards of adjustment and joint powers bodies — are required to take the oath of office under Minnesota law and how the county should administer it.

County counsel and staff referenced Minnesota Statute 358.05 ("Oath of office") and the state constitutional oath language. Staff noted that although advisory commissions do not make final decisions in all cases, the statute's language applies broadly to persons appointed to public office and that taking an oath does not create legal harm. Commissioners asked practical questions about who may administer oaths; staff said the county does not have a city clerk and suggested the board chair or vice chair could administer the oath, or a judge could if necessary. Staff also said they would integrate the oath into new-member orientation materials and scheduled oath administration for the planning advisory committee at the next meeting.

Commissioners discussed whether the requirement would extend to citizen representatives on joint powers boards and suggested staff review which bodies are covered and how to proceed. Staff recommended a targeted review to identify boards and commissions that fit the statute's definition and to implement oath administration where required.

No formal vote was recorded beyond the board agreeing to proceed with planning advisory committee oaths and to review other boards for compliance with the statute.