Delaware § 8202 - Secretary; division directors; Acting Secretary; appointment.

§ 8202. Secretary; division directors; Acting Secretary; appointment.

(a) The administrator and head of the Department is the Secretary of the Department of Safety and Homeland Security (“Secretary”), who must be a person qualified by training and experience to perform the duties of the office.

(1) The Secretary is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution.

(2) The Secretary is to receive an annual salary as determined by the General Assembly in the annual appropriations act.

(3) The Secretary must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution.

(4) The Secretary may appoint directors of divisions within the Department on the written approval of the Governor. The division directors have the powers, duties, and functions in the administration of their respective divisions as authorized by the Secretary.

(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor and, upon the position of Secretary being filled, such directors may be removed by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or permanent removal of the Secretary and prior to the appointment of a successor, the Governor may appoint any qualified individual to serve as Acting Secretary, including but not limited to, the Deputy Secretary of the Department or a director of any division within the Department. The Secretary may, during any temporary absence from the State, appoint the Deputy Secretary or the director of any division within the Department to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during the Secretary’s absence or incapacity, or until a successor duly qualified is appointed.

29 Del. C. 1953, §  8202;  57 Del. Laws, c. 382, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 140, §  4;  74 Del. Laws, c. 110, §  138;  76 Del. Laws, c. 391, §§  3-6;  84 Del. Laws, c. 278, § 1;  84 Del. Laws, c. 455, § 8;  85 Del. Laws, c. 43, § 1;