All public employees are disaster service workers. Before taking up their duties, employees must take the oath or affirmation required by law. (Government Code Section 3100-3109)
In the event of natural, manmade or war-caused emergencies, which result in conditions of disaster or extreme peril to life, property and resources, all district employees are subject to disaster service activities as assigned to them by their superiors. (Government Code Section 3100)
The Superintendent or designee shall administer this oath to district employees. (Education Code Section 60) Legally employed aliens shall be exempt from this requirement. (Government Code Section 3101)
At the advice of legal counsel, the Superintendent or designee may exempt a perspective C employee from taking the above oath if he/she raises a valid religious objection.
(cf. 6114 -Emergencies and Disaster Preparedness Plan)
Legal Reference:
EDUCATION CODE
60 Persons authorized to administer and certify oaths 44334 Oath or affirmation
44354 Administration of oath
GOVERNMENT CODE
3100-3109 Oath or affirmation of allegiance
CONSTITUTION OF THE STATE OF CALIFORNIA
Article 20, Section 3 Oath of office
Vogel v. Count~ of Los Angeles (1967) 68 Cal. 2d 18, 22
Chilton v. Contra Costa Community College District 55 Cat. App. 3d 554
Bessard v. California Community Colleges 867 F. Supp. 1454 (E.D. Cal. 1994)
Policy ELK GROVE UNIFIED SCHOOL DISTRICT
adopted: May 16, 1994 Elk Grove, California
revised: November 2, 1998