Public Official Bonds are type of surety bonds that serve as a statutory obligation requiring faithful performance, fidelity, and wholeness of a public official’s responsibilities to the public.
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Public official bond a comprehensive approach
1. Public Official Bond: A Comprehensive Approach
Public Official Bonds are type of surety bonds that serve as a statutory obligation requiring faithful
performance, fidelity, and wholeness of a public official’s responsibilities to the public. The bond
postulates for public officers and secondary obligatory bodies to pay a fixed amount if they do not
reliably perform their duties in the office. Like all sureties, this Public Official Bonds consist of a
three-party agreement:
1. Principal – Public official
2. Obligee – Government being served by the official
3. Surety – Bonding company that underwrites the bond and is the secondary obligatory
body
This bond is one of the oldest forms of written pledge that requires persons to obtain to qualify for
office. Depending on the statutes of an adhoc jurisdiction, Public Official Bonds may be faithful
performance bonds, fidelity bonds, employee dishonesty bonds, etc.
The bond requirements are established in the individual state codes. They are compulsory for all
elected and most public officials, ranging from governors and mayors to local school board members
and agents merchandising fishing or searching licenses. They are hard-hitting before and once a
public official has taken the oath of office.
The Public Official Bonds protect against:
Conduct or omissions made by public officials that make up for a breach of his or her duties of the
office. The bond serves as an assurance against fraud or dishonesty and covers losses arising from
neglect or other sincere offenses.
The bond protects:
Any government entity renders coverage to the public. The bond, by nature, is an Indemnity
Bond rather than a Forfeiture Bond. It is a contract fashioned to protect the city or the entire
citizenship served by the public official.
The bond indemnifies those parties that have undergone losses as a result of the official’s
misconduct. In many of the cases, state statutes will let a member of the public to file a suit
against the bond, if that individual has suffered financial damages occurred by a public
official’s misconduct.
Public Official bonds cover town, city, or municipal governments, state regulatory bodies, city and
state courts, and gathering and state colleges. There are specific public official bond classes that
cater to these groups of public officials, clerks, and agents, namely:
Mayors and Judges
Sheriffs or Deputies
Court Clerks and court Officers
Constables
Treasurers, Assistant Treasurer, and subordinates
Town Clerks or other Town Officials
Tax Collectors, Deputy Tax Collectors, and subordinates
The state or city government usually pays for its own protective covering, nevertheless, bonded
public officials have to pay off the Surety if a claim is made against their bond. The Surety will
2. financially back up the public official and pay the state if it earned proof that the financial damages
are caused by the bonded public official’s misconduct. The official will then reimburse the Surety
with the entire sum of money paid out.
As the bond lacks statute provisions restricting the discovery period for default or violation under a
public official bond, the bond language itself will hold up any discovery limitations. Discovery means
the discovery of fraud or other violations made by public officials that obstruct their capability to
perform their expected duties.