Section 7: Inactive Status/Resignation

Inactive Status

A marshal who requires a sizeable leave of absence, but who wishes to eventually return to active duty, may apply to the State Marshal Commission to go on Voluntary Temporary Removal (VTR) (or “inactive status”) from his or her appointment in lieu of resignation.  Such requests are granted for substantial personal cause (illness, injury, military service, etc.).

Substantial personal cause includes, but is not limited to illness (either the marshal’s or that of a family member), military duty, temporary political positions, temporary disability, and similar circumstances.  Inactive status is not available for marshals who wish to go on an extended vacation or live out of state for a portion of the year.  As noted below, inactive status is granted in one year blocks of time, with the option of earlier reinstatement.

To apply for inactive status, the marshal must submit his or her request in writing to the Administrative Office of the Commission, stating the reason for the request.  Unless additional material is required, or a hearing is needed, the office will mail the marshal an Affidavit for Inactive Status.  The marshal must sign the affidavit, have it notarized, and return it to the Commission office.  Once the affidavit is returned to the office, the request will be considered by the Commission at its next meeting.  The marshal will be notified in writing of the Commission’s decision.

Inactive status is granted in one year blocks of time.  Near the end of this one-year block, the Commission will notify the marshal that the Commission is reviewing the marshal’s status, which may or may not be renewed, depending on the circumstances.  Given the voluntary nature of inactive status, the Commission may reinstate a marshal before the one year time period has elapsed, if the marshal requests such early reinstatement in writing.

Once on inactive status, a marshal may not complete any state marshal work and is taken off the list of active state marshals.  In addition, during inactive status, annual fees are stayed.  Absent unusual circumstances, the marshal must pay any outstanding annual fees prior to reinstatement to active duty.  A marshal need not carry personal liability insurance while on inactive status, however, the marshal must provide proof of liability insurance before the Commission will grant reinstatement to active duty.

Resignation

If a marshal wishes to voluntarily retire and resign from his or her appointment as a state marshal, he or she may do so by sending a written request to the Commission office.  The office will then mail an Affidavit to Resign State Marshal Appointment to the requester.  The marshal must sign the affidavit, have it notarized, and return it to the Commission office.  Once the affidavit is returned to the office, the request will be considered by the Commission at its next meeting.  The marshal will be notified in writing of the Commission’s decision.  There may be certain instances in which further action must be taken, such as the Commission’s review and final determination of pending complaints, prior to granting resignation.  Unlike with requests for inactive status, requests to resign may be granted for any reason and there is no need to establish substantial personal cause.  Note that resignation of appointment constitutes final removal from appointment and cannot be reversed.  Once the effective date of the resignation passes, a marshal’s appointment is terminated and the individual may not complete any state marshal work (including collecting under executions) and is taken off the state marshal list.