(a) No person may be employed or associated in any capacity in homeland security or any emergency service organization established under this article who has been convicted of a felony or who advocates or has advocated a change by force or violence in the Constitutional form of the government of the United States or this state or the overthrow of any government in the United States by force or violence or who has been convicted of or is under indictment or information charging any subversive act against the United States.
(b) Each person who is appointed to serve in an organization for homeland security or emergency services shall undergo a background check and shall, before entering upon his or her duties, take an oath, in writing, before a person authorized to administer oaths in this state, which 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 West Virginia against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or evasion; that I am not a convicted felon; and that I will faithfully and competently discharge the duties upon which I am about to enter.
"I do further swear or affirm that I do not advocate, nor am I a member of any political party or organization that advocates, the overthrow of the government of the United States or this state by force or violence; while I am a member of the (name of organization) I will not advocate or become a member of any political party or organization that advocates the overthrow of the government of the United States or this state by force or violence."
Structure West Virginia Code
Article 5. Division of Homeland Security and Emergency Management
§15-5-3. Division of Emergency Management Created
§15-5-4b. West Virginia Disaster Recovery Trust Fund Disbursement
§15-5-4c. Powers and Duties Related to the West Virginia Disaster Recovery Trust Fund
§15-5-5. General Powers of the Governor
§15-5-6. Emergency Powers of Governor
§15-5-6a. Temporary Suspension of Nutrition Standards in Public Schools
§15-5-8. Local Organization for Emergency Services
§15-5-9. Mutual Aid Agreements
§15-5-10. Regional Organizations for Emergency Services
§15-5-11. Immunity and Exemption; &Quot;duly Qualified Emergency Service Worker" Defined
§15-5-12. Liability to Sheltered Persons
§15-5-13. Appropriations; Acceptance of Services, Gifts, Grants, and Loans
§15-5-14. Political Activity of Emergency Service Organizations
§15-5-15. Emergency Service Personnel
§15-5-15a. Paid Leave for Disaster Service Volunteers
§15-5-15b. Paid Leave for Certain State Officers and Employees During a Declared State of Emergency
§15-5-16. Utilization of Existing Services and Facilities
§15-5-18. Arrest by Peace Officer Without Warrant
§15-5-19a. Possession of Firearms During a Declared State of Emergency
§15-5-20a. Floodplain Manager Training
§15-5-22. Emergency Management Assistance Compact
§15-5-23. Severability; Conflicts
§15-5-24. Disaster Recovery Trust Fund; Disbursement of Funds
§15-5-28. Statewide Mutual Aid System
§15-5-29. Cooperation With State Resiliency Office
§15-5-30. State of Emergency; State of Preparedness; Essential Workers