3-103

3-103. Director; search committee;
qualifications; deputy director and associate and assistant
directors; legal counsel

A. The governor shall appoint a director of the department pursuant to section
38-211 to serve at the pleasure of the governor.

B. The qualifications of candidates for appointment as director shall be reviewed
by a committee of five persons selected by the governor. Two of the members of the
committee must be actively engaged in animal production, two members must be actively
engaged in plant production and one member must be actively engaged in agribusiness, as
their major sources of income. No two members may be residents of the same county. The
committee shall submit the names of the most qualified candidates to the governor for his
selection. The governor may request additional names from the committee if he deems it
necessary. A new committee shall be appointed for each vacancy in the position of
director.

C. The director must have at least a baccalaureate degree from an accredited
college or university and five years of management experience in agriculture business or
agriculture production plus experience in one or more of the following:

1. Business management.

2. Public administration.

3. Personnel management.

4. Law.

D. The director shall appoint:

1. A deputy director of the department who shall also supervise the central
administrative service office.

2. An associate director for each division of the department.

3. An assistant director for each office established under section 3-102,
subsection B.

E. The director is eligible for compensation as determined under section
38-611. The director, deputy director and associate and assistant directors are exempt
from title 41, chapter 4, articles 5 and 6 relating to state service, and the deputy
director and associate and assistant directors serve at the pleasure of the director. If
a vacancy occurs in the office of deputy director or an associate or assistant director,
the director may appoint any officer or employee of the department, or may serve himself,
as acting deputy or associate or assistant director pending appointment of a permanent
replacement.

F. The director may employ legal counsel to advise him, represent the department in
connection with legal matters before other departments and agencies of this state and
represent the department and this state in litigation concerning affairs of the
department. Legal counsel is exempt from title 41, chapter 4, articles 5 and 6 relating
to state service and serves at the pleasure of the director.