26-102

26-102. Powers and duties of the adjutant
general

A. The adjutant general shall serve as head of the department. The governor as
commander in chief shall administer and control the national guard, and the adjutant
general is responsible to the governor for execution of all orders relating to the
militia, organization, activation, reactivation, inactivation and allocation of units,
recruiting of personnel, public relations and discipline and training of the national
guard and those members of the militia inducted into the service of this state as
provided in this chapter. The adjutant general shall act as military chief of staff to
the governor and chief of all branches of the militia. The adjutant general may belong
to the national association and other organizations for the betterment of the national
guard, subscribe to and obtain periodicals, literature and magazines of such other
organizations and pay dues and charges from monies of this state appropriated for that
purpose. Except for the authority expressly reserved for the governor, the adjutant
general is responsible for emergency management and all emergency activities are subject
to the approval of the adjutant general.

B. The adjutant general, as the military chief of staff, shall:

1. Act as military advisor to the governor and perform, as the governor prescribes,
military duties not otherwise designated by law.

2. Adopt methods of administration for the national guard that are not inconsistent
with laws and regulations of the United States department of defense or any subdivision
of the United States department of defense.

3. Supervise and direct the organization, regulation, instruction and other
activities of the national guard.

4. Attest and record all commissions issued by the governor and maintain a register
of all commissioned personnel.

5. Keep a record of all orders and regulations pertaining to the national guard and
all other writings and papers relating to reports and returns of units comprising the
national guard and militia.

6. Superintend the preparation of returns, plans and estimates required by this
state, by the department of the army, air force or navy and by the secretary of defense.

7. Control the use of and care for, preserve and maintain all military property
belonging to or issued to this state and pay from monies appropriated by the legislature
for these purposes the necessary expenses for labor and material incurred in the repair
of military property.

8. Dispose of unserviceable military property belonging to this state, account for
the proceeds and transmit them to the morale, welfare and recreational fund established
by section 26-153.

9. Authenticate with the seal of the office of the adjutant general all orders and
copies of orders issued by the adjutant general's office. An authenticated copy has the
same force and effect as the original.

10. Present to the governor before each regular session of the legislature, or as
otherwise required, an estimate of the financial requirements for state monies for
operation of the department and the national guard during the next fiscal year.

C. The adjutant general, as head of the department, shall:

1. Be the administrator of the department.

2. Coordinate the functions of the divisions and offices of the department.

3. Appoint, suspend, demote, promote or dismiss employees of the department who are
subject to title 41, chapter 4, article 5 and employees who are exempt from state
personnel administration. The adjutant general may delegate this authority.

4. Appoint an auditor for the department to conduct periodic financial and
compliance audits of each division and office in the department and perform such other
duties as prescribed by law. At least annually the auditor shall audit accounts that are
open for more than twelve months. The auditor shall determine within the department
compliance with purchase and bidding procedures prescribed by law.

5. Adopt, with the approval of the governor, rules necessary for the operation of
the department.

6. Establish and administer accounts for federal, state or other monies made
available to carry out the functions of the department.

7. As deemed necessary, appoint to peace officer status members of the Arizona
national guard who have been awarded a United States army military occupational specialty
as military policeman or a United States air force specialty code as security
policeman. Before appointment as peace officers, such individuals must successfully
complete a course of study to be prescribed by the Arizona peace officer standards and
training board. Individuals appointed as peace officers pursuant to this section, when
performing duties at facilities or on land operated or controlled by or under the
jurisdiction of the adjutant general, have all the powers, privileges and immunities of
peace officers provided by law. Individuals appointed as peace officers pursuant to this
section are not eligible to participate in funding provided by the peace officers'
training fund established by section 41-1825 or in the public safety personnel retirement
system.

8. Establish, abolish or reorganize the positions or organizational structure
within the department, subject to legislative appropriation, if, in the adjutant
general's judgment, the modification would make the operation of the department more
efficient, effective or economical.

9. Establish an educational program for persons who have previously dropped out of
high school and who are under twenty years of age but who are not adjudicated
delinquent. The educational program shall be designated "project challenge", and the
program shall be conducted by the national guard of Arizona in a paramilitary
environment. The goal of the educational program is to provide persons enrolled in the
program with the knowledge and skills necessary to become productive citizens and to
obtain a general equivalency diploma. In addition to monies appropriated for the
program, the adjutant general may accept and spend monies from any other lawful public or
private source.

10. Submit to the governor annually by October 1 a report for the department
including the strength and condition of the national guard, the business transactions of
the department, a detailed statement of expenditures for all military and civilian
purposes and the disposition of all military and civilian property on hand or issued.

D. The adjutant general, with the approval of the governor, may:

1. Enter into contracts with individuals, this state, political subdivisions of
this state or the federal government and its agencies for the purchase, acquisition,
rental or lease of lands, buildings or military materiel and take title in the name of
this state for the establishment and maintenance of armories, subject to legislative
appropriation for these purposes.

2. Procure and contract for procurement of equipment and its issuance to members of
the militia inducted into the service of this state.

3. Enter into agreements and plans with the state universities, community colleges
or any educational institution supported by federal or state monies for promotion of the
best interests of the national guard and military training of students of the
institutions.

4. Lease property acquired under this chapter for any public purpose for a period
of one year that is renewable.

5. Convey for any public purpose in the name of this state easements on real
property acquired under this chapter.

6. Enter into contracts or agreements with the federal government that are deemed
to be in the best interest of this state and the national guard.

7. Delegate the powers and duties in this section.

8. Adopt methods of security for the national guard reservations or facilities that
are consistent with the laws, regulations or directives of the United States department
of defense or any subdivision of the United States department of defense and the laws of
this state.