2007 California Government Code Chapter 8. Oath Or Affirmation Of Allegiance For Disaster Service Workers And Public Employees

CA Codes (gov:3100-3109)

3100.  It is hereby declared that the protection of the health and
safety and preservation of the lives and property of the people of
the state from the effects of natural, manmade, or war-caused
emergencies which result in conditions of disaster or in extreme
peril to life, property, and resources is of paramount state
importance requiring the responsible efforts of public and private
agencies and individual citizens.  In furtherance of the exercise of
the police power of the state in protection of its citizens and
resources, all public employees are hereby declared to be disaster
service workers subject to such disaster service activities as may be
assigned to them by their superiors or by law.



3101.  For the purpose of this chapter the term "disaster service
worker" includes all public employees and all volunteers in any
disaster council or emergency organization accredited by the
California Emergency Council.  The term "public employees" includes
all persons employed by the state or any county, city, city and
county, state agency or public district, excluding aliens legally
employed.


3102.  (a) All disaster service workers shall, before they enter
upon the duties of their employment, take and subscribe to the oath
or affirmation required by this chapter.
   (b) In the case of intermittent, temporary, emergency or
successive employments, then in the discretion of the employing
agency, an oath taken and subscribed as required by this chapter
shall be effective for the purposes of this chapter for all
successive periods of employment which commence within one calendar
year from the date of that subscription.
   (c) Notwithstanding subdivision (b), the oath taken and subscribed
by a person who is a member of an emergency organization sanctioned
by a state agency or an accredited disaster council, whose members
are duly enrolled or registered with the Office of Emergency
Services, or any accredited disaster council of any political
subdivision, shall be effective for the period the person remains a
member with that organization.



3103.  The oath or affirmation required by this chapter is the oath
or affirmation set forth in Section 3 of Article XX of the
Constitution of California.


3104.  The oath or affirmation may be taken before any officer
authorized to administer oaths.  The oath or affirmation of any
disaster service worker may be taken before his appointing power or
before any person authorized in writing by his appointing power.
   No fee shall be charged by any person before whom the oath or
affirmation is taken and subscribed.



3105.  (a) The oath or affirmation of any disaster service worker of
the state shall be filed as prescribed by State Personnel Board rule
within 30 days of the date on which it is taken and subscribed.
   (b) The oath or affirmation of any disaster service worker of any
county shall be filed in the office of the county clerk of the county
or in the official department personnel file of the county employee
who is designated as a disaster service worker.
   (c) The oath or affirmation of any disaster service worker of any
city shall be filed in the office of the city clerk of the city.
   (d) The oath or affirmation of any disaster service worker of any
other public agency, including any district, shall be filed with any
officer or employee of the agency that may be designated by the
agency.
   (e) The oath or affirmation of any disaster service worker may be
destroyed without duplication five years after the termination of the
disaster service worker's service or, in the case of a public
employee, five years after the termination of the employee's
employment.


3106.  Compliance with this chapter shall, as to state employees, be
deemed full compliance with Chapter 4, Part 1, Division 5, Title 2
of this code, requiring taking of oaths by state employees.



3107.  No compensation nor reimbursement for expenses incurred shall
be paid to any disaster service worker by any public agency unless
such disaster service worker has taken and subscribed to the oath or
affirmation required by this chapter.  It shall be the duty of the
person certifying to public payrolls to ascertain and certify that
such disaster service worker has taken such oath or affirmation.
Whenever there is more than one officer certifying to public payrolls
the governing body of a city or county or school district may
designate and make it the duty of a certain officer or officers to
ascertain and certify that such disaster service worker has taken
such oath or affirmation.  The governing body of a city or county or
school district may designate and make it the duty of a local
disaster service officer to ascertain and certify that each volunteer
disaster service worker has taken such oath or affirmation.
   Nothing in this chapter, however, shall prevent the correction of
any technical error or deficiency in an oath taken pursuant to this
chapter; provided, such correction is made before the disaster
service worker is actually paid or reimbursed.



3108.  Every person who, while taking and subscribing to the oath or
affirmation required by this chapter, states as true any material
matter which he or she knows to be false, is guilty of perjury, and
is punishable by imprisonment in the state prison for two, three, or
four years.


3109.  Every person having taken and subscribed to the oath or
affirmation required by this chapter, who, while in the employ of, or
service with, the state or any county, city, city and county, state
agency, public district, or disaster council or emergency
organization advocates or becomes a member of any party or
organization, political or otherwise, that advocates the overthrow of
the government of the United States by force or violence or other
unlawful means, is guilty of a felony, and is punishable by
imprisonment in the state prison.