An Arizona public official bond is the official bond a public officer must give, conditioned on the faithful performance of the duties of the office. The governing framework is A.R.S. Title 38, Chapter 2, Article 3 (“Official Bonds”), with the bond form and condition set out in A.R.S. § 38-256. There is no single bond amount: the amount is fixed per office. State officers and employees are covered by a $100,000 blanket bond obtained by the Governor (A.R.S. § 38-251), while county and municipal officers give individual bonds in amounts fixed by the county board of supervisors or the city or town governing body, within the limits set by each office’s own statute.
| Item | Detail |
|---|---|
| Who requires it | Arizona law. The general framework is A.R.S. Title 38, Ch. 2, Art. 3 (“Official Bonds”); the specific bond and amount are set by the office’s governing statute and the approving authority (board of supervisors or city/town council) |
| Governing law | A.R.S. §§ 38-251 to 38-261, plus the office-specific statute (for example, A.R.S. § 42-18001 for the county treasurer as tax collector) |
| Official form | No single statewide form. The bond is prescribed by the approving authority for each office; for the state employee blanket bond, the Attorney General determines the form and sufficiency (A.R.S. § 38-251) |
| Bond amount | Set per office, not a fixed statewide figure. State officers/employees: $100,000 blanket bond per officer/employee (A.R.S. § 38-251). County and municipal officers: fixed by the governing body within statutory limits (see the amounts section below) |
| Premium basis | For required corporate-surety official bonds, the premium is a public charge paid from public funds (A.R.S. § 38-254). The premium rate is set by the surety based on the bond amount. |
| Coverage term | The bond stays in force while the officer holds office; the approving authority may require a new or additional bond at any time |
| Obligee | The State of Arizona (official bonds are made payable to the State of Arizona, A.R.S. § 38-256) |
How much is the bond, and how is the amount set?
The amount of an Arizona public official bond depends on the office, because Arizona law sets bond amounts office by office rather than with one statewide number. There are three common ways the amount is fixed:
- By statute, as a flat figure. State officers and employees are bonded through a single blanket bond the Governor obtains and delivers to the Secretary of State, in the principal amount of $100,000 for each state officer and employee (A.R.S. § 38-251).
- By the governing body, within a statutory cap. For some county offices, the office’s own statute sets a ceiling and the county board of supervisors fixes the actual amount. The county treasurer (acting as ex officio tax collector), for example, gives a bond in an amount the board of supervisors requires, not more than twice the money that may come into the treasurer’s possession as tax collector in one year (A.R.S. § 42-18001).
- By the governing body, above a statutory minimum. Municipal officers give bonds in amounts fixed by the city or town governing body, subject to any minimum set by statute.
| Office (example) | How the amount is set | Statutory basis |
|---|---|---|
| State officer or employee | $100,000 blanket bond per officer/employee, obtained by the Governor | A.R.S. § 38-251 |
| County treasurer (ex officio tax collector) | Fixed by the county board of supervisors; not more than twice the money that may come into the treasurer’s possession as tax collector in one year | A.R.S. § 42-18001 |
| Incorporated town treasurer | Not less than $20,000, plus any larger sum the board orders [VERIFY against A.R.S. § 9-224: confirm the $20,000 minimum and that the board fixes any excess] | A.R.S. § 9-224 |
| Other county or municipal officers | Fixed by the governing body within the limits set by that office’s statute | Office-specific statute [VERIFY against the office’s governing statute for the specific officer] |
Because the amount is office-specific, always confirm the required penal sum for the exact office and jurisdiction before binding the bond.
What does the bond cover?
A public official bond is a guarantee of faithful performance. Under A.R.S. § 38-256, all official bonds are joint and several in form, are made payable to the State of Arizona, and are conditioned on the principal faithfully performing the duties of the office as required by law. The state blanket bond carries the same condition: it is “conditioned on the faithful performance of his duties” (A.R.S. § 38-251).
If a public officer fails to perform official duties, or commits a wrongful act or neglect of duty in office, the bond responds. The bond protects the State and any person injured by the officer’s conduct in office, and an injured party may pursue the bond (A.R.S. § 38-260). The protection is not exhausted by a single claim: under A.R.S. § 38-261, “No bond is void on the first recovery of a judgment thereon, but action may afterwards be brought on the bond from time to time by the state, or by any person injured, and judgment recovered thereon until the whole penalty of the bond is exhausted.”
A public official bond is not insurance for the officer. It protects the public. If the surety pays a valid claim, the officer (the principal) is responsible for reimbursing the surety.
How much does the bond cost?
What the statute does tell us: when an officer is required to give a bond with corporate surety, the premium is treated as a public charge and is paid from public funds (the agency’s expense fund, or the state or county general fund), not out of the officer’s pocket (A.R.S. § 38-254). The premium the surety charges is based mainly on the bond amount, which is why the cost varies by office.
Is this the same as a notary bond or a license bond?
No. All three are surety bonds, but they cover different things.
- Public official bond (this page). Required of a public officer and conditioned on faithful performance of the duties of the office (A.R.S. § 38-256). The obligee is the State of Arizona, and the amount is set per office by statute or by the governing body.
- Arizona notary bond. Required of an individual notary public as a condition of the notary commission. Before a commission is issued, the applicant must file a $5,000 surety bond with the Secretary of State, covering acts during the four-year commission term (A.R.S. § 41-269). Notably, the public-charge premium rule for official bonds does not apply to notaries (A.R.S. § 38-254).
- License and permit bond. Required of a business or individual as a condition of a license or permit. It guarantees compliance with the law or ordinance governing that license and protects the public or the licensing authority, not a public office.
In short: a public official bond backs a person holding public office, a notary bond backs a commissioned notary, and a license or permit bond backs a regulated business or activity.
How do I get bonded and file the bond?
- Confirm the office and the required amount. Identify the exact office and jurisdiction (state, county, or municipal) and the penal sum required by that office’s statute or set by the board of supervisors or council.
- Apply for the bond. Request a quote and submit the application for the public official bond in the required amount. [CLIENT FLAG: insert live quote link URL]
- Execute the bond. Official bonds are joint and several, payable to the State of Arizona, and signed by the principal and a surety company (or the required individual sureties) (A.R.S. §§ 38-256, 38-257).
- Get the bond approved. The bond and its sureties must be approved by endorsement of the approving authority (A.R.S. § 38-253).
- File the bond on time. File the approved bond within the time required for filing the official oath, in the office where the official oath is recorded; a deputy’s or employee’s bond is filed with the appointing officer. No fee is charged for filing or recording (A.R.S. § 38-253). State officers and employees are covered by the Governor’s blanket bond delivered to the Secretary of State (A.R.S. § 38-251).
- Keep proof. The filing officer records the bond and will furnish certified copies on request (A.R.S. § 38-255).
Frequently asked questions
Is there one set amount for an Arizona public official bond?
No. The amount is fixed per office. State officers and employees are covered by a $100,000 blanket bond (A.R.S. § 38-251), while county and municipal officer bonds are set by the governing body within the limits of each office’s statute.
Who is required to give a public official bond?
Public officers whose offices require an official bond. All state officers and employees are bonded under the blanket bond unless other law provides differently (A.R.S. § 38-251), and many county and municipal officers must give individual official bonds under their own statutes.
What does the bond guarantee?
Faithful performance of the duties of the office (A.R.S. §§ 38-251, 38-256). It protects the State and people injured by an officer’s wrongful act or neglect of duty in office (A.R.S. § 38-260).
Who is the obligee?
The State of Arizona. Official bonds are made payable to the State of Arizona (A.R.S. § 38-256).
Who pays the premium?
For a required corporate-surety official bond, the premium is a public charge paid from public funds, not by the officer personally (A.R.S. § 38-254). [CLIENT FLAG: confirm how the agency presents who pays and the rate.]
Where do I file the bond?
With the office where the official oath is recorded, within the time set for filing the oath; a deputy’s or employee’s bond is filed with the appointing officer. No filing fee is charged (A.R.S. § 38-253).
Can more than one claim be made against the bond?
Yes. Claims can be brought from time to time until the whole penalty of the bond is exhausted (A.R.S. § 38-261).
Is a public official bond the same as a notary bond?
No. A notary bond is a $5,000 bond required for a notary commission (A.R.S. § 41-269). A public official bond backs a public officer and is conditioned on faithful performance of the office (A.R.S. § 38-256).
