Section 3.81. Transfer of local board control

(a) In the event the units of the Pennsylvania National Guard assigned to an armory are ordered to active Federal service for an extended period of time and vacate the armory, Chairpersonship of the local board will be transferred as follows:

(1) In the event the Governor of Pennsylvania exercises power granted under 51 Pa.C.S. § 507 (relating to draft from militia for emergency) to organize the Pennsylvania Guard at the vacated armory, the Senior Commander of troops so designated in the unit assigned to the vacated armory shall become Chairperson of the local board and will be charged with all duties and responsibilities applicable herein to the local board Chairperson. Reference should be made to § 3.1 (relating to definitions) for the distinction between ‘‘Pennsylvania Guard’’ and ‘‘Pennsylvania National Guard.’’

(2) In the event the armory is vacated and no unit of the Pennsylvania Guard is assigned to the vacated armory, the departing local board will designate an Acting Chairperson. The Acting Chairperson will be the senior retired officer serving on the local board, and if there is no retired officer on the board, the Acting Chairperson will be a responsible citizen serving on the local board. The Acting Chairperson of the local board will immediately reorganize the local board and forward Form MAAB-5-1M-55, in accordance with § 3.21 (relating to composition and authority of local boards).

(b) In the event a responsible person is not available to assume Chairpersonship of the local board, then the State Board will assume direct responsibility of the armory and take necessary measures to secure and safeguard the premises until a determination can be made as to the future use of the armory site.

(c) In any of the foregoing cases, a complete physical inventory and inspection of the premises will be conducted by the State Board as provided in § 3.71 (relating to nonexpendable property) for control and use of armories of the Commonwealth.

(d) The provisions of 51 Pa.C.S. § 1510 (relating to property in armories of units in Federal service) applies to subsections (a)—(c).

(e) This section applies only when armories are actually vacated by units mobilized for active Federal service or permanently transferred by competent authority. During periods of temporary absences such as State active duty or training exercises, responsibility for the armory and its contents will remain with the local board Chairperson.

The provisions of this § 3.81 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.

Notation

Cross References

This section cited in 43 Pa. Code § 3.21 (relating to composition and authority of local boards).