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Searching 2017-2018 Session

The Vermont Statutes Online

Title 20: Internal Security and Public Safety

Chapter 007: EMERGENCY INTERIM SUCCESSION TO OFFICES

  • § 181. Statement of policy

    Because of the existing possibility of a catastrophic incident in the United States of unprecedented size and destructiveness, and in order, in the event of a catastrophic incident, to assure continuity of government through legally constituted leadership, authority and responsibility in offices of the government of the state and its political subdivisions; to provide for the effective operation of governments during an emergency; and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for additional officers who can exercise the powers and discharge the duties of governor; to provide for emergency interim succession to offices of this state in the event the incumbents thereof, and their deputies, assistants or other subordinate officers authorized, pursuant to law, to exercise the powers and discharge the duties of such offices (hereinafter referred to as deputies) are unavailable to perform the duties and functions of such offices; and to provide for special emergency district judges who can exercise the powers and discharge the duties of such judges in the event regular judges are unavailable. (Added 1959, No. 13, § 2, eff. March 4, 1959; amended 1965, No. 194, § 10; 2007, No. 47, § 17.)

  • § 182. Definitions

    Unless otherwise clearly required by the context, as used in this chapter:

    (1) The term "unavailable" means either that a vacancy in office exists and there is no deputy authorized to exercise the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his or her duly authorized deputy are unable to exercise the powers and discharge the duties of the office.

    (2) The term "emergency interim successor" means a person designated pursuant to this chapter, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the constitution, statutes, charters and ordinances or until the lawful incumbent is able to resume the exercise of the powers and discharge the duties of the office.

    (3) The term "office" includes all state and local offices, the powers and duties of which are defined by the constitution, statutes, charters, and ordinances, except the office of governor, and except those in the general assembly and the judiciary.

    (4) The term "catastrophic incident" means any natural or manmade incident, including an incident of terrorism or a pandemic, which results in extraordinary levels of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, or any governmental entity.

    (5) The term "political subdivision" includes counties, cities, towns, villages, school districts, fire districts, authorities, and other public corporations and entities whether organized and existing under charter or general law. (Added 1959, No. 13, § 3, eff. March 4, 1959; amended 2007, No. 47, § 18.)

  • § 183. Additional successor to office of governor

    In the event that there is a vacancy in both the offices of governor and lieutenant governor within the meaning of the constitution and the speaker of the house of representatives is unavailable, the president pro tempore of the senate, the secretary of state and the treasurer, shall, in the order named, act as governor until such vacancy is terminated, or until a governor is elected, or until such speaker or a preceding interim successor becomes available. (1959, No. 13, § 4, eff. March 4, 1959.)

  • § 184. Emergency interim successors for state offices

    All state officers, subject to such exceptions and regulations as the governor (or other official authorized under the constitution and this chapter or other act to exercise the powers and discharge the duties of the office of, or to act as, governor) may issue, shall, within 60 days after the approval of this chapter, and thereafter immediately after the date that they shall have been appointed and qualified, in addition to any deputy authorized pursuant to law, designate by title emergency interim successors and specify their order of succession. The officer shall, each year, review and shall revise, as necessary, designations made pursuant to this chapter to insure his or her current status. Forthwith after such designations are made and after a revision thereof the officer shall file copies in the offices of both the governor and the secretary of state. The officer shall designate a sufficient number of such emergency interim successors so that, including deputies, there will be not less than five emergency interim successors. In the event that any state officer (or his or her deputy) is unavailable, the said powers shall be exercised and said duties shall be discharged by his or her designated emergency interim successors in the order specified. Such emergency interim successors shall exercise said powers and discharge said duties only until such time as the governor (or other official authorized under the constitution and this chapter or other act to exercise the powers and discharge the duties of the office of, or to act as, governor) shall, where a vacancy exists, appoint a successor to fill the vacancy or until a successor is otherwise appointed, or elected and qualified as provided by law; or an officer (or his or her deputy or a preceding named emergency interim successor) becomes available to resume the exercise of the powers and discharge the duties of his or her office. (Added 1959, No. 13, § 5, eff. March 4, 1959; amended 2007, No. 47, § 19.)

  • § 185. Emergency interim successors for local elected officers

    The elected officers of political subdivisions shall, within 60 days after the approval of this chapter, and thereafter immediately after the date that they shall have been appointed and qualified, designate by title (if feasible) or by named person, emergency interim successors and specify their order of succession. The officer shall, each year, review and shall revise, as necessary, designations made pursuant to this chapter to insure their current status. The officer shall designate a sufficient number of persons so that, including deputies, there will be not less than three emergency interim successors. Forthwith after such designations are made, and after a revision thereof, copies shall be filed in the office of the county clerk. In the event that any officer of any political subdivision (or his or her deputy provided for pursuant to law) is unavailable, the powers of the office shall be exercised and duties shall be discharged by his or her designated emergency interim successors in the order specified. The emergency interim successors, in the order specified, shall exercise the powers and discharge the duties of the office to which designated until such time as a vacancy which may exist shall be filled in accordance with the constitution or statutes; or until the officer (or his or her deputy or a preceding emergency interim successor) again becomes available to exercise the powers and discharge the duties of his or her office. (1959, No. 13, § 6, eff. March 4, 1959.)

  • § 186. Emergency interim successors for local appointed officers

    The legislative branch of a municipal corporation, as defined in 24 V.S.A. § 1751, shall, with the same effect as in section 185 of this title, designate emergency interim successors to any officer appointed by it, and likewise review and revise designations so made, as shall also the assistant judges of the superior court to any officer appointed by them. Copies of all such designations and revisions shall likewise be filed in the office of the county clerk. (1959, No. 13, § 7, eff. March 4, 1959; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

  • § 187. Special emergency judges

    In the event that any district judge is unavailable to exercise the powers and discharge the duties of his or her office, the duties of the office shall be discharged and the powers exercised by one of three special emergency judges residing in the district served by such judge, and designated by him or her within 60 days after the approval of this chapter, and thereafter immediately after the date that he or she shall have been appointed and qualified as such. Such special emergency judges shall, in the order specified, exercise the powers and discharge the duties of such office in case of the unavailability of the regular judge or persons immediately preceding them in the designation. The designating authority shall, each year, review and shall revise, as necessary, designations made pursuant to this chapter to insure their current status. Forthwith after such designations are made and after a revision thereof copies shall be filed in the offices of the governor and the county clerk. Said emergency special judges shall discharge the duties and exercise the powers of such office until such time as a vacancy which may exist shall be filled in accordance with the constitution and statutes or until the regular judge or one preceding the designee in the order of designation becomes available to exercise the powers and discharge the duties of his or her office. While exercising the powers and discharging the duties of the office of a district judge a special emergency judge shall receive the pro rata salary and perquisites thereof. (1959, No. 13, § 8, eff. March 4, 1959; amended 1965, No. 194, § 10.)

  • § 188. Formalities of taking office; bonds

    At the time of their designation, emergency interim successors and special emergency judges shall take such oath as may be required for them to exercise the powers and discharge the duties of the office to which they may succeed. Certificates showing the taking of such oaths shall be filed in the office of the governor, except, in the case of interim successors authorized by sections 185 and 186 of this title, such certificates shall be filed in the office of the county clerk. An emergency interim successor, when the holder of the office to which he may succeed is required to give a bond for the faithful performance of the duties of the office, shall give a bond for the faithful performance of the duties of the office during the period that he shall exercise the powers and discharge the duties thereof and a special emergency judge shall give a bond for the faithful performance of the duties of the office of district judge during the period that he or she shall exercise the powers and discharge the duties thereof. Blanket bonds may be accepted when authorized for holders of offices. Notwithstanding any other provision of law, 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 provisions of law relative to taking office. (1959, No. 13, § 9, eff. March 13, 1959; amended 1965, No. 194, § 10.)

  • § 189. Period in which authority may be exercised

    Officials authorized to act as governor pursuant to this chapter, emergency interim successors and special emergency judges shall be authorized to exercise the powers and discharge the duties of an office as herein authorized only in the event that a catastrophic incident in the United States or Canada has occurred. The governor by proclamation, or the general assembly by concurrent resolution, may at any time terminate the authority of said emergency interim successors and special emergency judges to exercise the powers and discharge the duties of office as herein provided, subject to the filling of any vacancy or subject to the respective officers and judges becoming available. (Added 1959, No. 13, § 10, eff. March 4, 1959; amended 2007, No. 47, § 20.)

  • § 190. Removal of designees

    Until such time as the provisions of section 189 of this title shall be applicable, persons designated as emergency interim successors or special emergency judges shall serve in their designated capacities at the pleasure of the designating authority and may be removed or replaced at any time with or without cause. (1959, No. 13, § 11, eff. March 4, 1959.)

  • § 191. Training and compensation of interim successors

    Each officer, by or for whom interim successors are designated under the provisions of this chapter, shall, immediately after their designation, instruct his or her interim successors how to exercise the powers and discharge the duties of his or her office. Only while actually exercising the powers and discharging the duties of an office shall an interim successor receive any compensation, but while so doing shall receive the pro rata salary or other compensation, including perquisites, provided by law for the office. (1959, No. 13, § 12, eff. March 4, 1959.)

  • § 192. Disputes

    Any dispute concerning a question of fact arising under this chapter with respect to an office in the executive branch 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 and this chapter to exercise the powers and discharge the duties of the office of, or to act as, governor), and his or her decision shall be final. (Added 1959, No. 13, § 13, eff. March 4, 1959; amended 2007, No. 47, § 21.)