SECTIONS 3100-3109

3100.  It is hereby declared that the protection of the health andsafety and preservation of the lives and property of the people ofthe state from the effects of natural, manmade, or war-causedemergencies which result in conditions of disaster or in extremeperil to life, property, and resources is of paramount stateimportance requiring the responsible efforts of public and privateagencies and individual citizens. In furtherance of the exercise ofthe police power of the state in protection of its citizens andresources, all public employees are hereby declared to be disasterservice workers subject to such disaster service activities as may beassigned to them by their superiors or by law.3101.  For the purpose of this chapter the term "disaster serviceworker" includes all public employees and all volunteers in anydisaster council or emergency organization accredited by theCalifornia Emergency Council. The term "public employees" includesall persons employed by the state or any county, city, city andcounty, state agency or public district, excluding aliens legallyemployed.3102.  (a) All disaster service workers shall, before they enterupon the duties of their employment, take and subscribe to the oathor affirmation required by this chapter. (b) In the case of intermittent, temporary, emergency orsuccessive employments, then in the discretion of the employingagency, an oath taken and subscribed as required by this chaptershall be effective for the purposes of this chapter for allsuccessive periods of employment which commence within one calendaryear from the date of that subscription. (c) Notwithstanding subdivision (b), the oath taken and subscribedby a person who is a member of an emergency organization sanctionedby a state agency or an accredited disaster council, whose membersare duly enrolled or registered with the California EmergencyManagement Agency, or any accredited disaster council of anypolitical subdivision, shall be effective for the period the personremains a member with that organization.3103.  The oath or affirmation required by this chapter is the oathor affirmation set forth in Section 3 of Article XX of theConstitution of California.3104.  The oath or affirmation may be taken before any officerauthorized to administer oaths. The oath or affirmation of anydisaster service worker may be taken before his appointing power orbefore any person authorized in writing by his appointing power. No fee shall be charged by any person before whom the oath oraffirmation is taken and subscribed.3105.  (a) The oath or affirmation of any disaster service worker ofthe state shall be filed as prescribed by State Personnel Board rulewithin 30 days of the date on which it is taken and subscribed. (b) The oath or affirmation of any disaster service worker of anycounty shall be filed in the office of the county clerk of the countyor in the official department personnel file of the county employeewho is designated as a disaster service worker. (c) The oath or affirmation of any disaster service worker of anycity shall be filed in the office of the city clerk of the city. (d) The oath or affirmation of any disaster service worker of anyother public agency, including any district, shall be filed with anyofficer or employee of the agency that may be designated by theagency. (e) The oath or affirmation of any disaster service worker may bedestroyed without duplication five years after the termination of thedisaster service worker's service or, in the case of a publicemployee, five years after the termination of the employee'semployment.3106.  Compliance with this chapter shall, as to state employees, bedeemed full compliance with Chapter 4, Part 1, Division 5, Title 2of this code, requiring taking of oaths by state employees.3107.  No compensation nor reimbursement for expenses incurred shallbe paid to any disaster service worker by any public agency unlesssuch disaster service worker has taken and subscribed to the oath oraffirmation required by this chapter. It shall be the duty of theperson certifying to public payrolls to ascertain and certify thatsuch disaster service worker has taken such oath or affirmation.Whenever there is more than one officer certifying to public payrollsthe governing body of a city or county or school district maydesignate and make it the duty of a certain officer or officers toascertain and certify that such disaster service worker has takensuch oath or affirmation. The governing body of a city or county orschool district may designate and make it the duty of a localdisaster service officer to ascertain and certify that each volunteerdisaster service worker has taken such oath or affirmation. Nothing in this chapter, however, shall prevent the correction ofany technical error or deficiency in an oath taken pursuant to thischapter; provided, such correction is made before the disasterservice worker is actually paid or reimbursed.3108.  Every person who, while taking and subscribing to the oath oraffirmation required by this chapter, states as true any materialmatter which he or she knows to be false, is guilty of perjury, andis punishable by imprisonment in the state prison for two, three, orfour years.3109.  Every person having taken and subscribed to the oath oraffirmation required by this chapter, who, while in the employ of, orservice with, the state or any county, city, city and county, stateagency, public district, or disaster council or emergencyorganization advocates or becomes a member of any party ororganization, political or otherwise, that advocates the overthrow ofthe government of the United States by force or violence or otherunlawful means, is guilty of a felony, and is punishable byimprisonment in the state prison.