OFFICER

officer. 1. A person who holds an office of trust, authority, or command. • In public affairs, the term refers esp. to a person holding public office under a national, state, or local government, and authorized by that government to exercise some specific function. In corporate law, the term refers esp. to a person elected or appointed by the board of directors to manage the daily operations of a corporation, such as a CEO, president, secretary, or treasurer. Cf. DIRECTOR(2). [Cases: Officers and Public Employees 1.C.J.S. Officers and Public Employees §§ 1–9, 12–17,

21.]

acting officer.One performing the duties of an office — usu. temporarily — but who has no claim of title to the office. [Cases: Officers and Public Employees 77. C.J.S. Officers and Public

Employees § 6.]

administrative officer. 1. An officer of the executive department of government, usu. of inferior rank. [Cases: Officers and Public Employees 1. C.J.S. Officers and Public Employees §§ 1–9, 12–17, 21.] 2. A ministerial or executive officer, as distinguished from a judicial officer. 3.Family law. An official, other than a judge, who is appointed to preside over child-support matters. See CHILD-SUPPORT-ENFORCEMENT AGENCY. Cf. MASTER(2); JUDGE.

attendance officer.See TRUANCY OFFICER. chief executive officer.See CHIEF EXECUTIVE OFFICER.

constitutional officer.A government official whose office is created by a constitution, rather

than by a statute; one whose term of office is fixed and defined by a constitution. [Cases: States

46. C.J.S. States §§ 61, 80, 84, 102.]

corporate officer.An officer of a corporation, such as a CEO, president, secretary, or treasurer.

[Cases: Corporations 296. C.J.S. Corporations §§ 460, 468–469.]

county officer.An officer whose authority and jurisdiction are confined to the limits of the

county served. [Cases: Counties 61. C.J.S. Counties § 97.] court officer.See OFFICER OF THE COURT.

de facto officer.See officer de facto. de jure officer.See officer de jure. escrow officer.See escrow agent under AGENT(2).

executive officer.See EXECUTIVE(2).

fiscal officer. 1. The person (such as a state or county treasurer) charged with the collection and distribution of public money. [Cases: Counties 90. C.J.S. Counties § 132.] 2. The person (such as a chief financial officer) whose duties are to oversee the financial matters of a corporation or business.

health officer.See HEALTH OFFICER. hearing officer. 1.ADMINISTRATIVE-LAW JUDGE. 2. See judicial officer (3).

inferior officer. 1. An officer who is subordinate to another officer. 2. A United States officer appointed by the President, by a court, or by the head of a federal department. • Senate confirmation is not required. See United States officer.

judicial officer. 1. A judge or magistrate. [Cases: Judges 1; United States Magistrates 11. C.J.S. Judges §§ 2–7; United States Commissioners§§ 2–6.] 2. Any officer of the court, such as a bailiff or court reporter. [Cases: Courts 55–58. C.J.S. Courts §§ 107–110; Stenographers§§ 2–21.] 3. A person, usu. an attorney, who serves in an appointive capacity at the pleasure of an appointing judge, and whose actions and decisions are reviewed by that judge. — Also termed magistrate; referee; special master; commissioner; hearing officer.

juvenile officer.A juvenile-court employee, sometimes a social worker or probation officer, who works with the judge to direct and develop the court’s child-welfare work. — Also termed county agent. [Cases: Courts 55; Infants 17. C.J.S. Courts §§ 107–109; Infants §§ 8–9.] law-enforcement officer.See LAW-ENFORCEMENT OFFICER.

legislative officer. 1. A member of a federal, state, or municipal legislative body. [Cases: United States 17. C.J.S. United States §§ 32–33.] 2. A government official whose duties relate primarily to the enactment of laws, such as a federal or state senator, representative, or assembly member. • State and federal constitutions generally restrict legislative officers’ duties to the

enactment of legislation. But legislative officers occasionally exercise judicial functions, such as presenting or hearing cases of impeachment of other government officers.

ministerial officer.An officer who primarily executes mandates issued by the officer’s superiors. • One who performs specified legal duties when the appropriate conditions have been met, but who does not exercise personal judgment or discretion in performing those duties. [Cases:

Municipal Corporations 123. C.J.S. Municipal Corporations §§ 328, 330.]

municipal officer.A person who occupies a municipal office — usu. mandated by statute or charter — and who may be required to take an oath and exercise sovereign authority in carrying out public duties, with compensation incident to the office irrespective of the actual services rendered. [Cases: Municipal Corporations 123. C.J.S. Municipal Corporations §§ 328, 330.]

officer de facto (di fak-toh).1. An officer who exercises the duties of an office under color of an appointment or election, but who has failed to qualify for office for any one of various reasons, as by being under the required age, having failed to take the oath, having not furnished a required bond, or having taken office under a statute later declared unconstitutional. [Cases: Officers and Public Employees 39. C.J.S. Officers and Public Employees §§ 339, 341, 343, 347.] 2.Corporations. One who is acting under color of right and with apparent authority, but who is not legally a corporate officer. • The corporation is bound by all acts and contracts of an officer de facto in the same way as it is with those of an officer de jure. — Also termed de facto officer.

[Cases: Corporations 289. C.J.S. Corporations §§ 458–459.]

officer de jure (di juur-ee).1. An officer who exercises the duties of an office for which the holder has fulfilled all the qualifications. [Cases: Officers and Public Employees 35. C.J.S. Officers and Public Employees § 58.] 2. A duly authorized corporate officer. — Also termed de jure officer.

peace officer.See PEACE OFFICER. police officer.See POLICE OFFICER.

presiding officer.See presiding officer (3) under OFFICER(2).

principal officer. 1. An officer with the most authority of the officers being considered for some purpose. 2. A United States officer appointed by the President with the advice and consent of the Senate. — Also termed primary officer. See United States officer.

probation officer.A government officer who supervises the conduct of a probationer. [Cases: Courts 55; Sentencing and Punishment 1988. C.J.S. Courts §§ 107–109; Criminal Law §

1559.] recording officer.See SECRETARY(3).

safety officer.An OSHA employee responsible for investigating the safety practices and

procedures at a place of business. See OCCUPATIONAL SAFETY AND HEALTH ACT OF1970.

state officer. 1. A person whose authority or jurisdiction extends to the general public or state as a whole, as distinguished from an officer whose authority and jurisdiction are confined to the

limits of a particular political subdivision. [Cases: States 44. C.J.S. States §§ 80, 82.] 2. An officer exercising authority under a state — rather than the federal — government. subordinate officer. 1. An officer ranking below and performing under the direction of

another officer. 2. An independent officer subject only to statutory direction.

truancy officer.See TRUANCY OFFICER.

trust officer.A trust-company official responsible for administering funds held by the

company as a trustee.

United States officer.An officer appointed under the authority of the federal government; specif., an officer appointed in the manner described in Article II, section 2, of the U.S. Constitution. [Cases: United States 35. C.J.S. United States §§ 23, 53, 56–57.]

2.Military law. One who holds a commission in the armed services, or a military post higher than that of the lowest ranks; a person who has a command in the armed forces. — Also termed military officer. [Cases: Armed Services 6. C.J.S. Armed Services § 25.]

brevet officer (br<<schwa>>-vetorbrev-it). A military officer who holds a nominal rank

above that for which the person is paid. [Cases: Armed Services 8. C.J.S. Armed Services § 26.]

commissioned officer.An officer in the armed forces who holds grade and office under a

presidential commission. [Cases: Armed Services 6. C.J.S. Armed Services § 25.]

general officer.A military officer whose command extends to a body of forces composed of several regiments. • Examples are generals, lieutenant-generals, major-generals, and brigadiers.

[Cases: Armed Services 8. C.J.S. Armed Services § 26.]

legal officer. 1. The officer responsible for handling military justice within a command. 2. The adviser and assistant to a commanding officer on military-law matters. 3. Any commissioned officer of the Navy, Marine Corps, or Coast Guard who has been designated to perform legal duties for a command.

noncommissioned officer.An enlisted person in the Army, Air Force, or Marine Corps in

certain pay grades above the lowest pay grade. • Examples are sergeants and corporals.

officer of the day.An officer who has charge, for the time being, of the guard, prisoners, and

police of a military force or camp. — Also termed orderly officer.

officer of the guard.A commissioned officer whose detail is to command the guard of a

military force or camp. • The officer of the guard is under the command of the officer of the day. orderly officer.See officer of the day.

petty officer.An enlisted person in the Navy or Coast Guard with a pay-grade of E-4 or

higher.

preliminary-inquiry officer.Military law. The person, usu. an officer, who conducts a

preliminary inquiry.

presiding officer. 1. The president of the court in a special court-martial that does not have a military judge. 2. In a court-martial with a military judge, the military judge. [Cases: Military Justice 881. C.J.S. Military Justice § 148.] 3. An officer who presides, esp. over a civilian court or deliberative assembly. See CHAIR(1); PRESIDE.

superior commissioned officer.A commissioned officer who is superior in command or rank.

warrant officer.1. A person who holds a commission or warrant in a warrant-officer grade. • A warrant officer’s rank is below a second lieutenant or ensign but above cadets, midshipmen, and enlisted personnel. 2.SERGEANT-AT-ARMSS (4).

[Blacks Law 8th]