Attorney General Files Brief In Roy Roberts Oath Controversy

Detroit Schools Manager Accused Of Failing To Immediately Take Oath Of Office

Published On: Oct 02 2011 04:05:57 PM EDT   Updated On: Sep 26 2011 04:59:42 AM EDT
DETROIT -

The state Attorney General filed brief Monday with the Court of Appeals in the Roy Roberts Oath of Office controversy.

Roberts is facing legal action over allegations he failed to take the Oath of Office before making leadership decisions within the district.

In a legal filing obtained by the Local 4 Defenders, labor activist Robert Davis is challenging Roberts to step down over the mishap.

Roberts was appointed by Michigan Gov. Rick Snyder on May 4, 2011. According to the legal filing, Roberts didn't take the Oath of Office until Aug. 30, 2011.

READ:Legal Complaint Against Roy Roberts

The filing said the decisions Roberts made during the first four months of his position are in jeopardy because he wasn't technically in charge.

"His action that he took during that period of time that he failed to take and subscribe said oath, can be legally challenged," Davis said.

But brief filed by the AG's office argues against pursuing legal action.

READ:AG Files Brief Against Roy Roberts Oath Lawsuit

The AG's office says the oath was a condition of Roberts employment, but the statue does not impose a deadline for taking it. And since he took the oath and filed it with the Secretary of State's Office, it cured any defect or question about his entitlement to office.

"When I was appointed by the governor, I signed a contract with the governor, A new months later I signed an Oath of Office and as far as I'm concerned, check with the attorney ceneral and the governor's office. I have fulfilled everything I'm supposed to. That's all I can say about it," Roberts has said.

Michigan Gov. Rick Snyder's office issued the following in response to the filing:

"Roy Roberts had a signed contract when he began in May. Beyond that, we're confident that the Michigan Attorney General's legal research of the current statute, case law and court precedent ensures that every action Roy Roberts has taken is valid and enforceable. As additional background and historical information, most Emergency Managers have not signed oaths of office previously. Gov. Snyder has requested that change to ensure the best practice possible."