(a) Limitation. - No person shall be employed or associated in any capacity in any emergency management agency established under this Article if that person does or has done any of the following:
(1) Advocates or has advocated a change by force or violence in the constitutional form of the Government of the United States or in this State.
(2) Advocates or has advocated the overthrow of any government in the United States by force or violence.
(3) Has been convicted of any subversive act against the United States.
(4) Is under indictment or information charging any subversive act against the United States.
(5) Has ever been a member of the Communist Party.
(b) Oath. - Each person who is appointed to serve in any emergency management agency shall, before entering upon the person's duties, take a written oath before a person authorized to administer oaths in this State, which oath shall be substantially as follows:
"I, ________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of North Carolina, against all enemies, foreign and domestic; and that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I, nor have I ever knowingly been, a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence; and that during such time as I am a member of the State Emergency Management Agency I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence, so help me God."
(c) No Violation of Dual Office Holding Prohibition. - No position created by or pursuant to this Article shall be deemed an office within the meaning of Section 9 of Article 6 of the North Carolina Constitution. (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; 2012-12, s. 1(b).)
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Last modified: March 23, 2014