Public Servants are Fiduciaries

Fiduciary Duty Laws

[Original author unknown]

63C Am.Jur.2d, Public Officers and Employees, §247 “As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be exercised in behalf of the government or of all citizens who may need the intervention of the officer. Furthermore, the view has been expressed that all public officers, within whatever branch and whatever level of government, and whatever be their private vocations, are trustees of the people, and accordingly labor under every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain from a discharge of their trusts. That is, a public officer occupies a fiduciary relationship to the political entity on whose behalf he or she serves, and owes a fiduciary duty to the public. It has been said that the fiduciary responsibilities of a public officer cannot be less than those of a private individual. Furthermore, it has been stated that any enterprise undertaken by the public official who tends to weaken public confidence and undermine the sense of security for individual rights is against public policy. Fraud in its elementary common law sense of deceit-and this is one of the meanings that fraud bears in the statute. See United States v. Dial, 757 F.2d 163, 168 (7th Cir1985) includes the deliberate concealment of material information in a setting of fiduciary obligation. A public official is a fiduciary toward the public, including, in the case of a judge, the litigants who appear before him and if he deliberately conceals material information from them, he is guilty of fraud. McNally v United States 483 U.S. 350 (1987)

At 63 Am Jur 2nd 247 at part 2: all public servants must fill the position of Trustee. At part 3 it says: and owes a fiduciary duty to the public. At part 5 it says: “Furthermore, it has been stated that any enterprise undertaken by the public official which tends to weaken public confidence and undermine the sense of security for individual rights is against public policy.” Michael S. Hartman has a fiduciary duty to display honesty, integrity, and good faith to the beneficiaries of the public trust(s), who are the sovereign people they serve. As fiduciaries of the Public Trust, Public Officers must at all times, without exception, display honesty, integrity, and good faith toward the beneficiaries.

McNally v United States 483 US 350 (1987) “A public official is a fiduciary toward the public and if he deliberately conceals material information from them, he is guilty of fraud” Since all are amenable to you at all times, if they fail to answer your questions, they are guilty of concealing information and are involved in crime.

Fiduciaries have the duty to bear the utmost fidelity to the Public Trusts created by the Constitutions that were created, ordained, and established by the people, who are the grantors and the beneficiaries of the Public Trust. The limitations placed upon the actions of the fiduciaries by the Trust Instruments, the Constitutions, are absolute. These limitations include, but are not limited to:

The prohibition against the taking of private property for public use without just compensation, and,
In general, the prohibition against trespass of another man’s rights, liberty, or property.

Fiduciaries who, by acts of commission or omission, take private property for public use without just compensation, denigrate the good name of the state, instill reproach among the people for all men who occupy public office, are disloyal to the Constitutions, act dishonestly, lack integrity, act in bad faith, and are in breach of their fiduciary duty. This is contempt of Constitution and discrimination against the people.

Acts in breach of fiduciary duty by public officers give rise to personal liability of the public officer(s). Acts of public officers, fiduciaries, which unjustly enrich said officers or a third party give rise to a constructive trust in favor of the beneficiaries or cestui que trust for restoration and restitution. Acts in breach of fiduciary duty are cause for removal from office. Further, pursuant to Section 4 of the 14th Amendment, assumption or payment of any debt, obligation, or claim, such as wages or pensions, by any State to a fiduciary in insurrection or rebellion against the Constitution is illegal and void.

When our Constitution declares that “[p]ublic officers are the trustees and servants of the people,” we interpret that declaration to mean that public officers are the trustees and servants of the people.

All public officers, within whatever branch and at whatever level of our government, and whatever be their private vocations, are trustees of the people, and do accordingly labor under every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain from the discharge of their trusts.

Nor are the proscriptions of the law confined to legislators who are lawyers. They extend to every public officer. Georgia Dept. of Human Resources v. Sistrunk, 249 Ga. 543, 546-547, 291 S.E.2d 524, 528 (1982).

The fundamental principle of supremacy of law, the crux of our constitutional government, requires that all public officials obey the mandates of the Constitution and the lawful enactments of the Congress. See U.S.Const. art. VI; United States v. Lee, 106 U.S. 196, 1 S.Ct. 240, 27 L.Ed. 171 (1882).[FN2] 48 Stat. 112 is one of those enactments of the Congress.

“The citizen is not at the mercy of his servants holding positions of public trust nor is he helpless to secure relief from their machinations except through the medium of the ballot, the pressure of public opinion or criminal prosecution.” Driscoll, 86 A.2d at 222. Whenever the acts of public officers fail to conform to the standard imposed by the fiduciary relationship in which they stand to the public, relief will be available in the civil courts. Id. Marjac, L.L.C. v. Trenk, D.N.J., 2009 WL 2143686.

“[I]f the law claimed to have been violated was clearly established, the qualified immunity defense ordinarily fails, ‘since a reasonably competent public official should know the law governing his conduct.’” Bearden v. Lemon, 475 F.3d 926, 929 (2007). I would say Title 31 §3124 is clearly established.

A public official, clothed with qualified immunity, is not required to anticipate future development of constitutional doctrine, but he is required to respect the established constitutional rights of others. His qualified immunity is not available to him if he does not do that. Bever v. Gilbertson, 724 F.2d 1083, 1088 (1984). I’d say my constitutional rights are being ignored by everyone in public office.

See McNally v Unites States 483 U.S. 350, Wills v Perry 677 P. 2d 961 Colo App. 1983. In an early court case (Crocker v. Brown County, 35 Wis. 284), it was said that public officials take their offices cum onere; that is, they take them with all the responsibilities attached. Forest County v. Poppy, 193 Wis. 274, 213 N.W. 676, 677 (1927). The Oath of office is a quid pro quo contract (U.S. Const. Art. 6, Clauses 2 and 3, Davis Vs. Lawyers Surety Corporation., 458 S.W. 2nd. 655, 657, Tex. Civ. App.) in which clerks, officials, or officers of the government pledge to perform *Support and uphold the United States and state Constitutions) in return for substance (wages, perks, benefits). Proponents are subjected to the penalties and remedies for Breach of Contract, Conspiracy (Title 18 U.S.C., Sections 241/242), Treason under the Constitution at Article 3, Section 3., and Intrinsic Fraud (Auerbach v. Samuels, 10 Utah 2nd 152, 349 P. 2nd 1112, 1114. Alleghany Corp v. Kirby., D.C.N.Y. 218 F. Supp. 164, 183., and Keeton Packing Co. v. State., 437 S.W. 20, 28). Refusing to live by their oath places them in direct violation of their oath, in every case. Violating their oath is not just cause for immediate dismissal and removal from office, it is a federal crime. Federal law regulating oath of office by government officials is divided into four parts along with an executive order which further defines the law for purposes of enforcement. 5 U.S.C. 3331, provides the text of the actual oath of office members of Congress are required to take before assuming office. 5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law, 5 U.S.C. 7311 which explicitly makes it a federal criminal offense (and a violation of oath of office) for anyone employed in the United States Government to “advocate the overthrow of our constitutional form of government”. When a Public Servant takes the Oath of Office, he swears to uphold the Constitutions “so help me God”, and the man taking office as president of the U.S. puts his right hand on the Bible, and raises his left hand to take the Oath. This is a very heavy matter with the gravest consequences. To take an oath or vow and not keep it brings a judgment or curse on yourself. Violation of the Oath of Office is also an ultra vires act along with a violation of the Uniform Bonding Code requirements which allows a claim against the public hazard bond. It creates involuntary servitude and peonage along with a multitude of other criminal acts.

. Proof of their fiduciary duty is their Oath of Office. In McNally v. United States 483 U.S. 350 (1987) it proves their fiduciary duty to you. If you ask them questions that they don’t want to answer, i.e. name, badge number, etc. they are concealing information from you. That court said: if he deliberately conceals material information from them, he is guilty of fraud. See also United States v. Dial, 757 F2d 163, 168 (1985). You do not have a fiduciary duty to them unless you have committed a crime.

“An officer who acts in violation of the Constitution ceases to represent the government.” Brookfield Const. Co. v. Kozinski 284 F. Supp. 94.

Canon 2057
Any Administrator or Executor that refuses to immediately dissolve a Cestui Que (Vie) Trust, upon a Person establishing their status and competency, is guilty of fraud and fundamental breach of their fiduciary duties requiring their immediate removal and punishment.

Owen v City of Independence, 445 US 622 (1980). “A municipality has no immunity from liability under Section 1983 flowing from its Constitutional violations and may not assert the good faith of its officers as a defense to such liability. Officers of the Court have no immunity from liability when violating a Constitutional right.”

“Where there is absence of jurisdiction, all administration and judicial proceedings are nullity and confer no right, offer no protection, and afford no justification, and may be rejected upon direct collateral attack”. Thompson v Tolmie, 2 Pet. 157, 7 L. Ed. 381; Griffeth v Frazier, 8 CR 9, 3 L. Ed. 471. If you are not on territorial property they have no jurisdiction par Article 1 Section 8 Clause 17.

Fiduciaries have a duty of full disclosure to beneficiaries. To conceal, or fail to disclose, that corporate statutes (private copyrighted law) do not apply to the people in their private capacity exercising inherent rights is deceit, dishonesty, bad faith, and a breach of fiduciary duty. Statutes only apply to the government agents. Statutes are a violation of the Law of Nations, Book 2, 104, 11 Am Jur §2 and §3 with footnotes, Yick Wo v Hopkins and Woo Loo v Hopkins 188 US 356, and Rodrigues v Ray Donavan 769 F.2d 1344, 1348.

To impose, or attempt to impose, penal statutes of the corporate body politic against a private man exercising inherent rights who is not a member of the corporate body politic, especially when said imposition or attempt to impose is politically motivated or retaliatory against a victim and witness of crime, is misconduct in public office, deceit, dishonesty, bad faith, a criminal act, misapplication of law, and breach of fiduciary duty.

“An office is a public station or employment conferred by the appointment of the government. And any man is a public officer who is appointed by government, and has any duty to perform concerning the public; nor is he any the less a public officer because his authority or duty is confined to narrow limits.” Public officer includes law enforcement in Colorado per “WILLS V PERRY 677 P. 2d 961 (Colo App. 1983)

A public official, clothed with qualified immunity, is not required to anticipate future development of constitutional doctrine, but he is required to respect the established constitutional rights of others. His qualified immunity is not available to him if he does not do that. Bever v. Gilbertson, 724 F.2d 1083, 1088 (1984).

‘Since a trustee is a fiduciary of the highest order and is charged with the utmost fidelity to his trust, he must refrain from creating situations where his own interests are brought into conflict with those of the trust, and from doing those things which would tend to interfere with the exercise of a wholly disinterested and independent judgment. In accepting a trust, the trustee is presumed to know the obligations and limitations connected with his high office and, if he transgresses, must abide the consequences.’ Manchester v. Cleveland Trust Co., 95 Ohio App. 201, 210-211, 114 N.E.2d 242, 247-248 (1953).

Sovereignty, and thus the right of property, resides in the people. There is a natural order of things in the universe. Our Creator created man. Man formed or established the state (often incorrectly “the government”) for the protection of himself and his property. Everything in the natural order of things is subservient to the being who created it. There can be no exceptions. In these United States, both the state and federal entities were created by the People. The People themselves retained “sovereignty” under the true Sovereign, our Creator, even though they delegated some of their power to their creatures for the purpose of protecting their rights.

Fiduciary’ includes a trustee under any trust, …[a] public officer…” Wisconsin Statutes § 112.01(b). Matter of Loken, 32 B.R. 205, Bkrtcy.Wis.,1983.

“… a public officer, in holding a position of public trust, stands in a fiduciary relationship to the citizens that he or she has been elected to serve.” (“See Trist v. Child, 88 U.S. (21 Wall.) 441, 450, 22 L.Ed. 623 (1874).“) Felkner v. Chariho Regional School Committee, 968 A.2d 865, 874, R.I., 2009.

‘It should not be forgotten that ‘a public office is a public trust,’ Parsons v. Steingut, 185 Misc. 323, 327, 57 N.Y.S.2d 663, 666 (1945).

The statute is unique because only public officials can violate its provisions. These officials are held in public trust and owe a fiduciary duty to the people they represent. The high standard of conduct demanded of public officers, coupled with the broad sweeping language of the statute, permits no other interpretation as to its intent and meaning. People v. Savaiano, 66 Ill.2d 7, 15, 359 N.E.2d 475, 480 (1976).

Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws and ethical principles above private gain. 5 USC Sec. 7301, Section 101. (a), Part I, Ex. Ord. No. 12731, Oct. 17, 1990, 55 F.R. 42547.

CONTEMPT OF CONSTITUTION AND DISCRIMINATION AGAINST THE PEOPLE

Every time public officials violate their Oath of Office, they are guilty of Contempt of Constitution which includes: General Contempt, Malicious Contempt, Tyrannical Malicious Contempt, Noble Contempt, Noble Malicious Contempt, Noble Tyrannical Malicious Contempt, Contempt By Perjury, Contempt By Omission, Contemptuous Corruption of Contempt, Conspiracy to Commit Contempt of Constitution, Seditious Contempt, Contempt by Accessory After the Fact, Obstruction of Constitutional Justice, and Order of Enforceability of Contempt of Constitution. All Contempt of Constitution is a Breach of the Oath of Office, and Discrimination Against the People. The right of the very people to enforce Contempt of Constitution as a matter of final judgment shall not be denied; the principle of the Eighth Amendment is the controlling standard for governing punishments for the Sovereign Crime, at any degree, of Contempt of Constitution. A Breach of the Oath of Office removes all immunity from the public servant. A breach of fiduciary duty is grounds for termination. It is discrimination against the People and their rights. Contempt of Constitution imposes peonage on the people.

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