This section creates the department of emergency and military affairs and sets rules for appointing and qualifying the adjutant general.
26-101; Version 1 - Department of emergency and military affairs; organization; adjutant general; qualifications 26-101. Department of emergency and military affairs; organization; adjutant general; qualifications (L25, Ch. 256, sec. 1. Eff. 1/1/27) A. The department of emergency and military affairs is established consisting of the division of emergency management and other divisions or offices as determined by the adjutant general pursuant to section 26-102, subsection C, paragraph 8. B. The department consists of the adjutant general and such other officers, warrant officers, enlisted personnel and employees as deemed necessary. C. The department shall be administered and controlled by the governor as commander-in-chief. The adjutant general shall be the director of the department. D. The adjutant general shall be appointed by the governor pursuant to section 38-211 and shall serve at the pleasure of the governor. The person appointed must: 1. Be a citizen of the United States. 2. Be a current resident of this state or establish domicile in this state for residency purposes within ninety days following appointment. 3. Meet either of the following criteria: (a) Have served two of the five years immediately preceding appointment in the national guard in the state or territory where the person is an assigned member. (b) Be a general officer who is currently serving, or a retired general officer who has been on retired status for not more than twenty-four months, and who has a minimum of five years of service in the rank of colonel or higher in the national guard in a state where the officer was assigned. E. In appointing the adjutant general, the governor may give preference to a person who has served in the national guard of this state. Â At the time of the appointment, the person appointed shall have qualifications required by the United States department of defense for the adjutant general and, if the person is not already a general officer, shall attain federal recognition in a grade of at least brigadier general not later than two years after the appointment. Before appointment, any person who is currently serving and who is notified that the person is being considered by the governor for appointment shall provide evidence, by the deadline stipulated, to the agency, department or office designated by the governor that the person is in good standing with current army or air force requirements, depending on the person's branch of service, for military service. If a retired general officer is selected for appointment to serve as the adjutant general, that general officer shall provide, within six months after the date of appointment, evidence to the office of the governor of good standing with current army or air force requirements, depending on the person's branch of service, for military service. A person's failure to meet these service standards or other qualifications within the time prescribed, failure to retain federal recognition or failure to meet the age provided by federal law relating to state adjutants general terminates the appointment. F. The adjutant general shall receive compensation as determined pursuant to section 38-611 and shall devote full time to the office. G. At the time of appointment, the adjutant general shall receive the state rank of major general and, at that time, shall become the ranking officer in the department of emergency and military affairs.