25-43-108. Cabinet-level department secretary — Definition.

25-43-108. Cabinet-level department secretary — Definition. (a) A secretary of a cabinet-level department shall, unless otherwise provided by law: (1) Be the executive head of each cabinet-level department; (2) Be appointed by the Governor, subject to confirmation by the Senate; (3) Serve at the pleasure of the Governor; (4) Before entering upon his or her respective duties, take and subscribe to and file in the office of the Secretary of State, the oath under Arkansas Constitution, Article 19, § 20, that he or she will support the United States Constitution and the Arkansas Constitution and faithfully perform the duties upon which he or she is about to enter; and (5)(A) Furnish bond to the state, with a corporate surety, in the sum of ten thousand dollars ($10,000). (B) The bond under subdivision (a)(5)(A) of this section shall be conditioned that he or she will faithfully perform his or her duties of employment and properly account for all funds received and disbursed by him or her. (C) The bond shall be filed with the Secretary of State and an executed counterpart of the bond shall be filed with the Auditor of State. (b)(1) Unless otherwise provided by law, each division of the cabinet-level department shall be under the direction, control, and supervision of the secretary of the cabinet-level department. (2) The secretary of the cabinet-level department shall hire department employees, unless otherwise provided by law. (c) The secretary of the cabinet-level department may, unless otherwise provided by law: (1) Delegate his or her functions, powers, and duties to various divisions or employees of the cabinet-level department as he or she shall deem desirable and necessary for the effective and efficient operation of the cabinet-level department; (2) Perform or assign duties assigned to the cabinet-level department; and (3) Serve as the director, or the administrative or executive head of any state entity under the administrative control of the cabinet-level department if the secretary of the cabinet-level department also meets all statutory requirements for the position. (d) There is hereby created one (1) new classification and position for the executive head for each cabinet-level department, designated as follows: (1) Secretary of the Department of Agriculture; (2) Secretary of the Department of Commerce; (3) Secretary of the Department of Corrections; (4) Secretary of the Department of Education; (5) Secretary of the Department of Energy and Environment; (6) Secretary of the Department of Finance and Administration; (7) Secretary of the Department of Health; (8) Secretary of the Department of Human Services; (9) Secretary of the Department of Inspector General; (10) Secretary of the Department of Labor and Licensing; (11) Secretary of the Department of the Military; (12) Secretary of the Department of Parks, Heritage, and Tourism; (13) Secretary of the Department of Public Safety; (14) Secretary of the Department of Transformation and Shared Services; and (15) Secretary of the Department of Veterans Affairs. (e) The secretary of a cabinet-level department may be compelled by mandamus to perform any duties or obligations under a bond, contract, or agreement issued, made, or to be performed by each state entity administered by the cabinet-level department. (f)(1) If a provision of the Transformation and Efficiencies Act of 2019 requires a director, commissioner, or other executive head of a state entity to consult with the secretary of a cabinet-level department regarding a duty or function of the state entity, “consultation” means: (A)(i) When working on behalf of a governing state entity, coordinating with and receiving input, review, and recommendations from the secretary of the cabinet-level department. (ii) “Consultation” under this subdivision (f)(1)(A) does not include approval or consent; and (B) When working on behalf of a state entity other than a governing state entity, coordinating with and receiving input, review, recommendations, advice, and consent of the secretary of the cabinet-level department. (2) As used in this subsection, “governing state entity” means a state entity, including without limitation a board, commission, or council, whose membership consists of: (A) Two (2) or more appointed members; (B) Two (2) or more ex-officio members; or (C) Both appointed and ex-officio members.