Escondido Union ESD | AR 4112.3 Personnel
Oath Or Affirmation
This oath or affirmation is different from the oath or affirmation required of certificated employees as a licensing requirement pursuant to Education Code 44334, in which credential candidates must affirm that they support the Constitution of the United States of America, the Constitution of the State of California, and the laws of the United States and the State of California. Thus, the district should require all employees to take the oath or affirmation required by Government Code 3100-3102.
The California Constitution requires that board members take the same oath; see BB 9224 - Oath or Affirmation.
All district employees are declared by law to be disaster service workers and thus shall take the oath or affirmation required for disaster service workers before beginning employment with the district. 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 supervisors or by law. (Government Code 3100-3102)
(cf. 3516 - Emergencies and Disaster Preparedness Plan)
(cf. 9224 - Oath or Affirmation)
Legally employed noncitizens shall be exempt from taking this oath. (Government Code 3101)
At the advice of legal counsel, the superintendent or designee may exempt an employee from taking the oath if he/she raises a valid religious objection.
The superintendent, deputy or assistant superintendent, principal or other person authorized in Education Code 60 shall administer the oath or affirmation when a district employee is hired.
In the case of intermittent, temporary, emergency or successive employments, the superintendent or designee may determine that the oath shall be effective for all successive periods of employment which begin within one calendar year from the date that the oath was subscribed. (Government Code 3102)
(cf. 4121 - Temporary/Substitute Personnel)
The superintendent or designee shall file the executed oath or affirmation within 30 days of the date on which it is taken and subscribed. An employee's oath or affirmation may be destroyed five years after the termination of employment. (Government Code 3105)
Reimbursement of Expenses for Disaster Service Workers
Whenever an employee seeks compensation or reimbursement of expenses as a disaster service worker, the superintendent or designee shall ascertain and certify that the employee has taken the oath or affirmation. (Government Code 3107)
60 Persons authorized to administer and certify oaths
44334 Oath or affirmation required for credential
44354 Administration of oath required for credential
3100-3109 Oath or affirmation of allegiance
Article 20, Section 3 Oath of office
Chilton v. Contra Costa Community College District 55 Cal. App. 3d 544 (1976)
Vogel v. County of Los Angeles (1967) 68 Cal. 2d 18, 22
ESCONDIDO UNION SCHOOL DISTRICT
August 11, 2017 Escondido, California