29 DE Code § 8203. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 82. Department of Safety and Homeland Security|§ 8203. Powers, duties and functions of the Secretary.

§ 8203. Powers, duties and functions of the Secretary. The Secretary may:  (1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees; (2) Appoint, and fix the salary of, with the written approval of the Governor, the following division directors who may be removed from office by the Secretary with the written approval of the Governor and who have such powers, duties, and functions in the administration and operation of the Department as may be assigned by the Secretary:  a. A Secretary of the Division of State Police who shall be known as the Superintendent of State Police and shall hold the rank of Colonel. The Superintendent of State Police shall be qualified by training and experience to perform the duties of the office. The Superintendent of State Police shall be chosen from among the ranks of the State Police and shall have been promoted through the normal promotional policies of the State Police; b. A director of the Delaware Emergency Management Agency who shall be known as the “Director of the Delaware Emergency Management Agency”, and who shall be qualified by training and experience to perform the duties of the office; c. A Director of the Division of Alcohol and Tobacco Enforcement who shall be known as the Director of Alcohol and Tobacco Enforcement, and who shall be qualified by training and experience to perform the duties of the office; d. A director of the Division of Capitol Police who shall be known as the Chief of Capitol Police. The Chief of Capitol Police shall be qualified by training and experience to perform the duties of the office. The Chief of Capitol Police shall be chosen from among the ranks of the Capitol Police and through the normal promotional policies of the Capitol Police; e. A director of the Division of Communications who shall be known as the “Director of the Division of Communications,” and who shall be qualified by training and experience to perform the duties of the office; f. A director of the Office of Highway Safety who is known as the “Director of the Office of Highway Safety,” and who is qualified by training and experience to perform the duties of the office; g. A director of the State Council for Persons with Disabilities, who shall be known as the “Director of the State Council for Persons with Disabilities,” which position shall remain a merit position, and who shall be qualified by training and experience to perform the duties of the office; h. A director of the Division of Gaming Enforcement who shall be known as the “Director of the Division of Gaming Enforcement” and who shall be qualified by training and experience to perform the duties of the office; and i. A director of the Division of Forensic Science who shall be known as the “Director of the Division of Forensic Science” and who shall be qualified by training, experience, education, or ability in the areas of administration and forensic science to perform the duties of Director. (3) Appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law, including, but not limited to members of the Secretary's executive staff:  a. A Deputy Secretary; b. A Chief of Administration; c. A Chief Information Officer; d. A Homeland Security Advisor; e. A Policy Advisor; f. A Public Relations Officer. (4) Establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine the powers, duties and functions of the divisions, subdivisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained; (5) Make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department, and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title; (6) Delegate any of the Secretary's powers, duties or functions to a person appointed as that Secretary's Deputy Secretary or a director of a division except the power to remove employees of the Department or to fix their compensation; (7) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State; (8) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department; (9) Adopt an official seal or seals for the Department; (10) [Repealed.]29 Del. C. 1953, §  8203;  57 Del. Laws, c. 382, §  1;  58 Del. Laws, c. 461, §  5;  66 Del. Laws, c. 108, §  1;  69 Del. Laws, c. 46, §  1;  69 Del. Laws, c. 314, §  4;  69 Del. Laws, c. 437, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 486, §  26;  74 Del. Laws, c. 110, §§  125, 126;  74 Del. Laws, c. 250, §  1;  75 Del. Laws, c. 88, §  16(5);  75 Del. Laws, c. 322, §§  1, 2;  76 Del. Laws, c. 391, §§  7-10;  77 Del. Laws, c. 219, §  24;  79 Del. Laws, c. 265, §  6;  79 Del. Laws, c. 290, §  255;  82 Del. Laws, c. 25, § 1;