Officer
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Officer
An individual with the responsibility of performing the duties and functions of an office, that is a duty or charge, a position of trust, or a right to exercise a public or private employment.
A public officer is ordinarily defined as an individual who has been elected or appointed to exercise the functions of an office for the benefit of the public. Executive officers, such as the president or state governors, are public officers charged with the duty to ascertain that the law is enforced and obeyed. A legislative officer, such as a member of Congress, has the duty of making the laws. A public officer whose duties include administering justice, adjudicating controversies, and interpreting the laws is called a judicial officer. A de jure officer is one who is legally appointed and qualified to exercise the office. A de facto officer is an individual who appears to be legally qualified and appointed to an office but is not due to some legal technicality, such as failure to file a financial disclosure statement within the time prescribed by statute.
A public office must be created either by statute or by constitutional provision. Public officers are distinguishable from employees in that they are required to take an oath of office and are appointed or elected to specified terms of office. The eligibility, duties, and compensation of public officers are defined by statute.
Removal from office occurs when an officer is dismissed from his or her position by a superior officer acting according to law. Sufficient cause must exist to justify the removal. When an individual is wrongfully removed from office, he or she may seek reinstatement.
A military officer is one who has been commissioned as such in the Armed Services.An officer of a corporation is someone, such as the president, vice-president, treasurer, or secretary, whose main duties are to oversee the efficient operation of the business.
Cross-references
officer
n. 1) a high-level management official of a corporation, or an unincorporated business, hired by the board of directors of a corporation or the owner of a business, such as a president, vice president, secretary, financial officer, or chief executive officer (CEO). Such officers have the actual or apparent authority to contract or otherwise act on behalf of the corporation or business. 2) a public official with executive authority ranging from City Manager to Governor. 3) a law enforcement person such as a policeman or woman, deputy sheriff, or Federal marshal.
OFFICER. He who is lawfully invested with an office.
2. Officers may be classed into, 1. Executive; as the president of the
United States of America, the several governors of the different states.
Their duties are pointed out in the national constitution, and the
constitutions of the several states, but they are required mainly to cause
the laws to be executed and obeyed.
3.-2. The legislative; such as members of congress; and of the
several state legislatures. These officers are confined in their duties by
the constitution, generally to make laws, though sometimes in cases of
impeachment, one of the houses of the legislature exercises judicial
functions, somewhat similar to those of a grand jury by presenting to the
other articles of impeachment; and the other house acts as a court in trying
such impeachments. The legislatures have, besides the power to inquire into
the conduct of their members, judge of their elections, and the like.
4.-3. Judicial officers; whose duties are to decide controversies
between individuals, and accusations made in the name of the public against
persons charged with a violation of the law.
5.-4. Ministerial officers, or those whose duty it is to execute the
mandates, lawfully issued, of their superiors.
6.-5. Military officers, who have commands in the army; and
7.-6. Naval officers, who are in command in the navy.
8. Officers are required to exercise the functions which belong to
their respective offices. The neglect to do so, may, in some cases, subject
the offender to an indictment; 1 Yeates, R. 519; and in others, he will be
liable to the party injured. 1 Yeates, R. 506.
9. Officers are also divided into public officers and those who are not
public. Some officers may bear both characters; for example, a clergyman is
a public officer when he acts in the performance of such a public duty as
the marriage of two individuals; 4 Conn. 209; and he is merely a private
person when he acts in his more ordinary calling of teaching his
congregation. See 4 Conn. 134; 1 Apple. 155.