§ 128-42. Leaves of absence for county or municipal officials for military or naval service. - North Carolina Statutes

§ 128‑42.  Leaves ofabsence for county or municipal officials for military or naval service.

(a)        Any elective orappointive county or municipal official may obtain leave of absence from theofficial's duties when the official enters active duty in the armed forces ofthe United States or the North Carolina National Guard as a result of beingvoluntarily or involuntarily activated, drafted, or otherwise called to duty.The official shall receive no salary during the period of leave. No vacancy iscreated by a county or municipal official obtaining a leave of absence underthis 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)        Leave of absenceshall be obtained by placing a copy of the official's active duty orders withthe clerk.

(2)        G.S. 128‑41shall govern the procedure for selecting a temporary replacement official ifthe official being temporarily replaced is a municipal official; otherwise,G.S. 128‑40 shall govern.

(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 appropriateauthority under G.S. 128‑40 or G.S. 128‑41 shall appoint thetemporary replacement to begin service on the date specified in writing by theofficial being temporarily replaced as the date the official will enter activemilitary service, or as soon as practicable thereafter. A temporary replacementofficial shall have all the authority, duties, perquisites, and emoluments ofthe official temporarily replaced. The appointee shall possess all thequalifications required by law for holding the office for which the temporaryreplacement official is appointed.

(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 receiveswritten notice from the official who is temporarily replaced that the officialis ready and able to resume the duties of his or her office.

(3)        The term of officeof the official who is temporarily replaced expires.

(f)         As used in thissection, the term "clerk" means the city clerk as defined in G.S.160A‑171 if the official being temporarily replaced is a municipalofficial and means the clerk to the board of county commissioners as defined inG.S. 153A‑1(2) if the official being temporarily replaced is a countyofficial. (2007‑432,s. 5.)