§ 128-39.1. Leaves of absence for State officials for military or naval service.
§ 128‑39.1. Leaves ofabsence for State officials for military or naval service.
(a) Any elective orappointive State official may obtain leave of absence from the official'sduties when the official enters active duty in the armed forces of the UnitedStates or the North Carolina National Guard as a result of being voluntarily orinvoluntarily activated, drafted, or otherwise called to duty. The officialshall receive no salary during the period of leave. No vacancy is created by aState official obtaining a leave of absence under this section.
(b) If the officialwill be on active duty for a period of at least 30 days, a leave of absence maybe obtained, and a temporary replacement for the official may be appointed inthe following manner:
(1) If the official isnot a member of the General Assembly:
a. Leave of absenceshall be obtained by filing a copy of the official's active duty orders withthe Office of the Governor.
b. G.S. 128‑39shall provide the procedure for selecting a temporary replacement official.
(2) If the official is amember of the General Assembly:
a. Leave of absenceshall be obtained by filing a copy of the official's active duty orders withthe clerk of the house of the General Assembly of which the official is amember.
b. The Governor shallselect a person to serve as the temporary replacement representative orsenator. If the appropriate party executive committee recommends an eligibleperson within 14 days of the occurrence of the vacancy, the appointment shallbe made under the same procedure as provided by G.S. 163‑11. If arecommendation is not made on a timely basis, the Governor may appoint anyperson who is both:
1. A resident of thelegislative district represented by the legislator being temporarily replaced.
2. A member of the samepolitical party as the legislator being temporarily replaced.
In anycase, the person appointed must be eligible to serve under Section 6 of ArticleII of the North Carolina Constitution if a senator or Section 7 of Article IIof the North Carolina Constitution if a representative.
(c) If the officialwill be on active duty for a period of less than 30 days, a temporaryreplacement official shall not be appointed, even if a leave of absence isobtained.
(d) The Governor shallappoint the temporary replacement to begin service on the date specified inwriting by the official being temporarily replaced as the date the officialwill enter active military service, or as soon as practicable thereafter. Atemporary replacement official shall have all the authority, duties,perquisites, and emoluments of the official temporarily replaced.
(e) The term of thetemporary replacement official appointed under this section shall terminate assoon as any of the following occurs:
(1) On the third dayafter the last day of active duty status of the official who is temporarilyreplaced.
(2) The clerk of theappropriate house of the General Assembly receives written notice from theofficial who is temporarily replaced that the official is ready and able toresume the duties of his or her office.
(3) The term of officeof the official who is temporarily replaced expires. (2007‑432, s. 2.)