2013 Kentucky Revised Statutes CHAPTER 39D - CONTINUITY OF GOVERNMENT 39D.040 Emergency interim successors -- Order of successions -- Vacancies -- Applicability of statute to all special districts and political subdivisions.
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39D.040 Emergency interim successors -- Order of successions -- Vacancies
-- Applicability of statute to all special districts and political subdivisions.
(1)
(2)
(3)
As used in this section, unless the context clearly requires otherwise:
(a) "Emergency interim successor" means a person designated under this
section, if an officer is unavailable, to exercise the powers and discharge
the duties of that office until a successor is appointed or elected and
qualified as provided by law, or until the lawful incumbent is able to
resume the exercise of the powers and discharge the duties of the office.
(b) "Office" includes all state and local offices, the powers and duties of
which are defined by law, except the office of Governor, and except those
in the General Assembly and the judiciary. An "officer" is a person who
holds an office.
(c) "Political subdivision" includes counties, urban-counties, charter counties,
cities, special districts, authorities, and other public corporations and
entities whether organized and existing under charter or general law.
(d) "Unavailable" means that during a state of emergency either:
1.
A vacancy in office exists and there is no deputy authorized to
exercise all of the powers and discharge the duties of the office; or
2.
That the lawful incumbent of the office and any duly authorized
deputy are absent or unable to exercise the powers and discharge
the duties of the office.
Subject to administrative regulations of the Governor, all state officers, shall, in
addition to any deputy authorized to exercise all of the powers and discharge
the duties of the office, designate by title emergency interim successors and
specify their order of succession. The officer shall review and revise, as
necessary, designations made pursuant to this section to ensure their current
status. The officer shall designate a sufficient number of emergency interim
successors so that there will be not fewer than three (3) nor more than seven
(7) deputies or emergency interim successors or any combination thereof, at
any time. If any state officer is unavailable following an emergency, and if a
deputy, if any, is also unavailable, the powers of office shall be exercised and
the duties of office shall be discharged by any designated emergency interim
successors in the order specified. The emergency interim successors shall
exercise the powers and discharge the duties only until such time as the
Governor under the Constitution or authority other than this section, or other
official authorized under the Constitution or this section to exercise the powers
and discharge the duties of the office of Governor has, where a vacancy exists,
appointed a successor to fill the vacancy, or until a successor is otherwise
appointed, or elected and qualified as provided by law, or until an officer or any
deputy or a preceding named emergency interim successor becomes available
to exercise, or resume the exercise and discharge of, the powers and duties of
the office.
Each cabinet and each department of state government, and each agency of
state government shall appoint not fewer than three (3) nor more than seven
(7) emergency interim successors for each position specified in the Kentucky
Emergency Operations Plan and the internal emergency operations
(4)
(5)
(6)
procedures for that department or agency. Emergency interim successors in
the order of the succession shall have the full power to exercise all powers of
their department or agency and to commit its resources during a time of
emergency or disaster if the person normally exercising the position becomes
unavailable. If the preceding emergency successor becomes unavailable he or
she shall resume all duties from the emergency interim successor, unless he or
she chooses to permit the emergency interim successor to remain in the
position until relieved.
The local legislative bodies of cities, counties, urban-counties, and charter
counties shall enact ordinances or orders governing the manner in which
vacancies in offices and employment shall be filled, and for the prompt filling
thereof during times of disaster and emergency, if the filling of these vacancies
is not otherwise provided for by law. The legislative bodies shall enact
ordinances providing for the appointment of not fewer than three (3) nor more
than seven (7) emergency interim successors for each local office, department,
and agency specified in the Kentucky Emergency Operations Plan and local
emergency operations plans and annexes thereto. Emergency interim
successors, in the order of their successions, shall have the full power to
exercise all powers of the office, department, or agency and to commit its
resources during a time of emergency or disaster if the person normally
exercising the position is unavailable. If the preceding emergency successor
becomes available, he or she shall resume the duties being performed by the
emergency interim successor, unless he or she chooses to permit the
emergency interim successor to remain in the position until relieved. The
administrative orders and ordinances shall not be inconsistent with this section.
This section applies to officers of all special districts and political subdivisions
not included in subsection (4) of this section. The officers, subject to such
administrative regulations as the executive head of the political subdivision
promulgates, shall designate by title, if feasible, or by named person,
emergency interim successors and specify their order of succession. The
officer shall review and revise, as necessary, designations made pursuant to
this section to ensure their current status. The officer shall designate a
sufficient number of persons so that there will be not fewer than three (3) nor
more than seven (7) deputies or emergency interim successors or any
combination thereof at any time. If any officer of any political subdivision or any
deputy provided for pursuant to law is unavailable, the powers of the office
shall be exercised and duties shall be discharged by the designated
emergency interim successors in the order specified. The emergency interim
successor shall exercise the powers and discharge the duties of the office to
which designated until the time a vacancy which exists is filled in accordance
with the Constitution or the KRS, or until the officer, a deputy, or a preceding
emergency interim successor again becomes available to exercise the powers
and discharge the duties of the office.
No person shall be designated or serve as an emergency interim successor
unless he or she is eligible under the Constitution and statutes to hold the
office to which he or she is designated to succeed, but no statutory provision
prohibiting local or state officials from holding another office shall be applicable
to an emergency interim successor.
(7)
Emergency interim successors shall take the oath required to exercise the
powers and discharge the duties of the office to which they may succeed. No
person, as a prerequisite to the exercise of the powers or discharge of the
duties of an office to which he or she succeeds, shall be required to comply
with any other provision of law relative to taking office.
(8) Officials authorized to act as Governor pursuant to this section, and emergency
interim successors are empowered to exercise the powers and discharge the
duties of an office only during the continuance of an emergency. The General
Assembly, by joint resolution, may at any time terminate the authority of the
emergency interim successors to exercise the powers and discharge the duties
of office.
(9) Until the persons designated as emergency interim successors shall exercise
the powers and discharge the duties of an office in accordance with this
section, the persons shall serve in their designated capacities at the pleasure
of the designating authority.
(10) Any dispute concerning a question of fact arising under this section with
respect to an office in the executive division of the state government, except a
dispute of fact relative to the office of Governor, shall be adjudicated by the
Governor or other official authorized under the Constitution to exercise the
powers and discharge the duties of the office of Governor, and the decision
reached shall be final.
Effective:July 15, 1998
History: Created 1998 Ky. Acts ch. 226, sec. 55, effective July 15, 1998.
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