KRS § 39D.040 — KY Code / Title V / Chapter 39D / Section 39D.040
39D.040 Emergency interim successors -- Order of successions -- Vacancies -- Applicability of statute to all special districts and political subdivisions
Status: in_force

39D.040 Emergency interim successors -- Order of successions -- Vacancies --

Applicability of statute to all special districts and political subdivisions.

(1) 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.

(2) 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.

(3) 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 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.

(4) 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.

(5) 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.

(6) 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.