Sec 26-101. Department of emergency and military affairs; organization; adjutant general; qualifications

A. The department of emergency and military affairs is established consisting of a 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 shall consist 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 shall be a citizen of the United States and establish their domicile in Arizona for residency purposes within ninety days of appointment. 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 shall attain federal recognition in a grade not less than brigadier general not later than two years after the appointment. Failure to meet these qualifications, failure to retain federal recognition or attainment of the age provided by federal law relating to state adjutants general shall terminate the appointment.

E. The adjutant general shall receive compensation as determined pursuant to section 38-611, and shall devote full time to the office.

F. 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.