Section 20A-1-513 - Temporary absence in elected office of a political subdivision for military service(1) As used in this section:(a)(i) "Armed forces" means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.(ii) "Armed forces" includes the National Guard.(b)(i) "Elected official" means an individual who holds an office of a political subdivision that is required by law to be filled by an election.(ii) "Elected official" includes an individual who is appointed to fill a vacancy in an office described in Subsection (1)(b)(i).(c) "Elected official reservist" means an elected official who is:(i) a member of the armed forces reserves component;(ii) a member of the National Guard; or(iii) a retired member of the armed forces who may be called to active, full-time duty in the armed forces under Title 10, U.S.C., Armed Forces.(d)(i) "Military leave" means the temporary absence from an office: (A) by an elected official reservist called to active, full-time duty in the armed forces; and(B) for a period of time that exceeds 30 days and does not exceed 400 days.(ii) "Military leave" includes the time an individual on leave, as described in Subsection (1)(d)(i), spends for: (B) an administrative delay;(D) on rest and recuperation leave program of the armed forces.(e) "Political subdivision's governing body" means:(i) for a county, city, or town, the legislative body of the county, city, or town;(ii) for a special district, the board of trustees of the special district;(iii) for a local school district, the local school board;(iv) for a special service district:(A) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or(B) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301; and(v) for a political subdivision not listed in Subsections (1)(e)(i) through (iv), the body that governs the affairs of the political subdivision.(f) "Temporary replacement" means the individual appointed by the political subdivision's governing body in accordance with this section to exercise the powers and duties of the office of an elected official reservist who takes military leave.(2) An elected official reservist who takes military leave in accordance with this section does not create a vacancy in the elected official's office.(3)(a) An elected official reservist who is called to active, full-time duty in the armed forces under Title 10, U.S.C., Armed Forces, shall notify the political subdivision's governing body of the elected official's orders no later than five days after the day on which the elected official receives the orders.(b) An elected official reservist described in Subsection (3)(a) may:(i) if the period of active, full-time duty does not exceed 270 days: (A) continue to carry out the elected official's duties if possible while on active, full-time duty; or(B) take military leave if the elected official submits to the political subdivision's governing body written notice of the intent to take military leave and the expected duration of the military leave; or(ii) if the period of active, full-time duty exceeds 270 days but does not exceed 400 days, take military leave if the elected official submits to the political subdivision's governing body:(A) written notice of the intent to take military leave and the expected duration of the military leave; and(B) written certification that the secretary of the armed force of which the elected official is a member granted the elected official permission under U.S. Department of Defense Directive 1344.10 to continue to hold the elected official's office while on active, full-time duty.(4)(a) An elected official reservist who chooses to continue to carry out the elected official's duties under Subsection (3)(b)(i)(A) shall, no later than 10 days after the day of the elected official's deployment, confirm in writing to the political subdivision's governing body that the elected official has the ability to carry out the elected official's duties.(b) If an elected official reservist does not submit the confirmation to the political subdivision's governing body before the deadline described in Subsection (4)(a), the political subdivision's governing body shall: (i) place the elected official in military leave status; and(ii) appoint a temporary replacement in accordance with Subsection (8).(5)(a) An elected official reservist who chooses to take military leave under Subsection (3)(b)(ii) shall, no later than 21 days after the date of the elected official's deployment, submit to the political subdivision's governing body the written notice and certification described in Subsection (3)(b)(ii).(b) If an elected official reservist does not submit the notice and certification to the political subdivision's governing body before the deadline described in Subsection (5)(a):(i) the political subdivision's governing body may not appoint a temporary replacement under Subsection (8); and(ii) the elected official reservist creates a vacancy in the elected official's office.(6) An elected official reservist who is called to active, full-time duty in the armed forces under Title 10, U.S.C., Armed Forces, for a period of more than 400 days creates a vacancy in the elected official's office.(7) An elected official reservist's military leave:(a) begins: (i) for an elected official reservist described in Subsection (3)(b)(i), the later of: (A) the day after the day on which the elected official notifies the political subdivision's governing body of the intent to take military leave;(B) 11 days after the day of the elected official's deployment if no confirmation is received by the political subdivision's governing body in accordance with Subsection (4)(a); or(C) the day on which the elected official begins active, full-time duty in the armed forces; or(ii) for an elected official reservist described in Subsection (3)(b)(ii), the day after the day on which the elected official submits to the political subdivision's governing body the written notice and certification described in Subsection (3)(b)(ii); and(b) ends the sooner of:(i) the expiration of the elected official reservist's term of office; or(ii) the day on which the elected official reservist ends active, full-time duty in the armed forces.(8) A temporary replacement shall: (a) meet the qualifications required to hold the office; and(b) be appointed: (i) when an elected official reservist: (A) takes military leave under Subsection (3)(b)(i)(B) or (b)(ii); or(B) is placed in military leave status under Subsection (4)(b)(i); and(ii) by the political subdivision's governing body:(A) if a registered political party nominated the elected official reservist as a candidate for the office, in the same manner as provided in Subsection 20A-1-508(3) for the appointment of an interim replacement; or(B) if a registered political party did not nominate the elected official reservist as a candidate for the office, after submitting an application in accordance with Subsection (10)(b).(9)(a) A temporary replacement shall exercise the powers and duties of the office for which the temporary replacement is appointed for the duration of the elected official reservist's military leave.(b) An elected reservist may not exercise the powers or duties of the office while on military leave.(c) If a temporary replacement is not appointed as required by Subsection (8)(b), no individual may exercise the powers and duties of the elected official reservist's office during the elected official's military leave.(10) The political subdivision's governing body shall establish:(a) the distribution of the emoluments of the office between the elected official reservist and the temporary replacement; and(b) an application form and the date and time before which an individual shall submit the application to be considered by the political subdivision's governing body for appointment as a temporary replacement.(11) This section does not apply to an elected official who is not an elected official reservist.Amended by Chapter 448, 2024 General Session ,§ 1, eff. 5/1/2024.Amended by Chapter 15, 2023 General Session ,§ 225, eff. 2/27/2023.Amended by Chapter 93, 2021 General Session ,§ 1, eff. 5/5/2021.Amended by Chapter 140, 2020 General Session ,§ 1, eff. 5/12/2020.Amended by Chapter 255, 2019 General Session ,§ 37, eff. 5/14/2019.Enacted by Chapter 42, 2011, 2011 General Session.