§ 21-4-304 — Officers - Deputy appointed by Governor

(a) (1) Any elected officer who is not authorized by law to appoint deputies to perform the duties of the office which he or she holds, except circuit judges and members of the General Assembly, shall select a competent and qualified person to perform the duties of the office during the time the officer is on leave and certify to the Governor, or the person or persons who would be authorized to fill a vacancy if one should occur in the office, the selection of such person. (2) The Governor shall confirm the selection by appointment unless he or she shall determine that the person is unfit and not qualified to fill the office. (3) After it is determined that the person so selected is not qualified, the Governor shall make a statement in writing setting out his or her specific objections to the person selected, and the officer applying for a leave shall certify the selection of a person who is found to be qualified before the leave of absence may be granted. (4) However, if the officer fails or refuses to appoint or select a person qualified, the Governor, or person who would have the authority to appoint a qualified person to fill the office during the leave, shall make such appointment. (b) When the officer terminates his or her military service and appears and offers to resume the duties of his or her office, the person appointed to fill the office shall relinquish the same to him or her.

Legislative History

Acts 1943, No. 247, §§ 9, 11; A.S.A. 1947, §§ 12-2309, 12-2311.