Delaware Code Title 29. State Government § 8202. Secretary; division directors; Acting Secretary; appointment

(a) The administrator and head of the Department shall be the Secretary of the Department of Safety and Homeland Security, who shall be a person qualified by training and experience to perform the duties of the office and preference shall be given to a resident of this State provided that such person is acceptable and equally qualified. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor and shall receive a salary to be determined by the Governor and specified in the Annual Operating Budget. The Secretary of the Department of Safety and Homeland Security shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as the Secretary retains the office. Failure to obtain or retain such residency shall be an automatic resignation from said office. The Secretary of the Department of Safety and Homeland Security shall have the power to appoint directors of divisions within the Department upon the written approval of the Governor. The division directors shall 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.