Alabama § 41-28-3 - Appointment and Compensation of Secretary; Personnel; Transfer of Employees.

§ 41-28-3. Appointment and Compensation of Secretary; Personnel; Transfer of Employees.

(a) The Secretary of Information Technology shall be appointed by and serve at the pleasure of the Governor. The Secretary of Information Technology is a cabinet level position and the secretary shall be responsible for the performance and exercise of the duties, responsibilities, functions, powers, and authority imposed upon the Secretary of Information Technology and the Office of Information Technology by law and shall be the state Chief Information Officer (CIO) and the principal advisor to the Governor on information technology policy, including policy on the acquisition and management of information technology and resources. The Secretary of Information Technology shall receive a salary in an amount to be determined by the Governor.

(b) Before entering upon the discharge of his or her duties, the secretary shall take the constitutional oath of office and shall execute to the State of Alabama a bond, to be approved by the Governor, in an amount to be fixed by the Governor, but not less than fifty thousand dollars ($50,000), for the faithful performance of the secretary’s duties.

(c) The secretary shall devote full time to the office and shall not hold another office under the government of the United States, any other state, or this state, or any political subdivision thereof, during his or her incumbency in the office and shall not hold any position of trust or profit or engage in any occupation or business the conduct of which interferes or is inconsistent with the performance of his or her duties as secretary.

(d) The employees of the office shall be either members of the classified service of the Merit System or exempt from the Merit System. In addition to any other exempt positions as otherwise allowed by law, the exempt positions in the office shall be limited to:

(1) Up to two deputy secretaries.

(2) Up to six highly trained, highly specialized information technology professionals.

(e) Employees of the office in the exempt service shall serve at the pleasure of the secretary and, notwithstanding Section 36-6-6, shall receive salaries to be determined by the secretary.