§ 166A-13. Emergency management personnel. - North Carolina Statutes - USA Laws Searching

Statutes > North Carolina Statutes > Chapter 166A - North Carolina Emergency Management Act. > § 166A-13. Emergency management personnel.

§ 166A-13. Emergency management personnel.

§ 166A‑13. Emergency management personnel.

(a)        No person shall be employed or associated in any capacity inany emergency management agency established under this Article if that person:

(1)        Advocates or has advocated a change by force or violence inthe constitutional form of the Government of the United States or in thisState;

(2)        Advocates or has advocated the overthrow of any governmentin the United States by force or violence;

(3)        Has been convicted of any subversive act against the UnitedStates;

(4)        Is under indictment or information charging any subversiveact against the United States; or

(5)        Has ever been a member of the Communist Party.

Each person who is appointed to serve in any emergency managementagency shall, before entering upon his duties, take a written oath before aperson authorized to administer oaths in this State, which oath shall besubstantially as follows:

"I,  _______, do solemnly swear (or affirm) that I will supportand defend the Constitution of the United States and the Constitution of theState of North Carolina, against all enemies, foreign and domestic; and that Iwill bear true faith and allegiance to the same; that I take this obligationfreely, without any mental reservation or purpose of evasion; and that I willwell and faithfully discharge the duties upon which I am about to enter. And Ido further swear (or affirm) that I do not advocate, nor am I, nor have I everknowingly been, a member of any political party or organization that advocatesthe overthrow of the Government of the United States or of this State by forceor violence; and that during such time as I am a member of the State EmergencyManagement Agency I will not advocate nor become a member of any politicalparty or organization that advocates the overthrow of the Government of theUnited States or of this State by force or violence, so help me God."

(b)        No position created by or pursuant to this Article shall bedeemed an office within the meaning of Article 6, Section 9 of the Constitutionof North Carolina. (1951, c. 1016, s.10; 1975, c. 734, ss. 14, 16; 1977, c. 848, s. 2; 1979, 2nd Sess., c. 1310, s.2; 1995, c. 509, s. 129.)