Title 29, State Government

§ 5822. Governmental compensation policy on dual employment. (a) The pay of an employee must be reduced on a prorated basis for any workday time missed due to service as an elected or appointed official. (b) The immediate supervisor of an employee who is also an elected or appoin…

§ 5823. Audits; penalty. (a) The State Auditor shall conduct an annual audit of the time records which have been kept by an elected or appointed official’s immediate supervisor or school board under § 5822 of this title to determine whether the elected or appointed official was p…

§ 5824. Disclosure of dual employment; audit. (a) An elected or appointed official who is also an employee shall disclose the dual employment to the Commission within 15 days after the commencement of the dual employment. (b) The disclosure under subsection (a) of this section mu…

§ 5825. Institution of higher education compliance with this subchapter. (a) As used in this section, “institution of higher education” means any public or private educational institution located in this State which provides a program of education beyond the high school level and…

§ 5831. Definitions. (a) As used in this subchapter, the following terms shall have the meanings indicated: (1) “Commission” means the State Public Integrity Commission. (2) “Compensation” means any money, thing of value or any other economic benefit of any kind or nature whatsoe…

§ 5832. Registration of lobbyists with the State Public Integrity Commission. (a) Every lobbyist shall register electronically with the Commission in a lobbyist docket and file, at that time, the authorization from the lobbyist’s employer as required by § 5833 of this title. A pe…

§ 5833. Employer’s authorization to act. Every employer of a lobbyist shall verify such employment and the contents of the electronic Employer Authorization form submitted to the Commission not later than 15 business days after the lobbyist has registered with the Commission. If …

§ 5834. Compensation of lobbyist not to be substantially dependent on outcome of legislative or administrative action. No person shall employ a lobbyist nor shall any person be employed as a lobbyist pursuant to any compensation agreement that permits more than half of the compen…

§ 5835. Financial reports by lobbyists. (a) On or before the twentieth day of the month following each calendar quarter, each lobbyist shall file electronically a report covering the immediately preceding calendar quarter and containing the information required by this section. (…

§ 5836. Activity reports by lobbyists. (a) Notwithstanding any other provision of this chapter, no lobbyist may promote, advocate, influence or oppose any bill or resolution pending before the General Assembly by direct communication with a member of the General Assembly, the Lie…

§ 5837. Lobbying restrictions for a former member of the General Assembly. No person who served as a member of the General Assembly shall act as a lobbyist for compensation for a period of 1 year from the time such person is no longer serving in office. Any person who knowingly v…

§ 5838. When registration, report or authorization is considered as filed; access to records. (a) Any registration, report or authorization form shall be considered filed as of the date it is filed electronically with the Commission or, if electronic filing required by this subch…

§ 5839. Violation and penalties. (a) Any person who knowingly fails to register as a lobbyist as required by this subchapter shall be guilty of a misdemeanor. (b) Any person who knowingly furnishes false information in any registration, authorization or report required by this su…

§ 5901. Definitions. (a) As used in this chapter, unless the context requires a different meaning: (1) “Agency” means any agency, board, department, bureau or commission of this State which receives an appropriation under the general appropriation act of the General Assembly. (2)…

§ 5902. General purpose. The general purpose of this chapter is to establish for this State a system of personnel administration based on merit principles and scientific methods governing the employees of the State in the classified service consistent with the right of public emp…

§ 5903. Classified service and exemptions. Unless otherwise required by law, as used in this chapter, “classified service” or “state service” means all positions of state employment other than the following positions, which are excluded: (1) Members of the General Assembly and ot…

§ 5904. Classification of exempt employees. Any employee whose position has been in an exempt status under § 5903(4) and (5) of this title who, as the result of a reorganization of state government approved by the General Assembly, is thereafter assigned to a position in the clas…

§ 5904A. Exceptional employment. Employment of persons with mental or physical disabilities in a Selective Placement Program or an Agency Aide Program shall be administered by the Director of Talent Management or the Director’s designee. Such employment shall be by appointment wi…

§ 5905. Leave regulations for certain exempt positions. (a) State employees in the exempt positions enumerated in subsection (d) of this section shall accrue sick leave at the rate of 9.5 hours for each completed calendar month of state service. (1) Such employees shall have unli…

§ 5906. Composition of the Merit Employee Relations Board. (a) The Merit Employee Relations Board shall consist of 5 Board members, including 2 management representatives, 2 labor representatives and a chairperson. The Governor shall appoint, with Senate approval, the members for…

§ 5907. Powers, duties and functions of the Board. In addition to the duties set forth elsewhere in this chapter, and consistent with the right of public employees to organize under Chapter 13 of Title 19, the Board shall: (1) Request that the Secretary of the Department of Human…

§ 5908. Organization and meetings of the Board. (a) The Board shall meet as often as necessary to assure the timely disposition of cases. The Chair shall cause reasonable notice to be given to each Board member and the Secretary of the Department of Human Resources of the time an…

§ 5909. Limitation on expenditures. The General Assembly recognizes that appropriations may be needed if the Board is to carry out effectively this chapter. However, no change in pay rates shall take effect and no other expenses shall be incurred until an appropriation therefor s…

§ 5910. Deputy directors [Repealed].29 Del. C. 1953, § 5912; 55 Del. Laws, c. 443, § 1; 57 Del. Laws, c. 582, § 2D; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 88, § 15; repealed by 81 Del. Laws, c. 66, § 35, eff. July 1, 2017.;

§ 5911. Duties of Director [Repealed]. Repealed by 75 Del. Laws, c. 88, § 15, effective July 1, 2005.

§ 5912.

§ 5914. Rules; hearing; adoption. The Secretary shall prepare and submit to the Board proposed rules covering the classified service. The rules shall be reviewed by the Board at a public hearing held following public notice. The rules, as proposed by the Secretary, shall become f…

§ 5915. Classification; uniformity; appeal of classification. (a) The rules shall provide for the preparation, maintenance and revision of a position classification plan for all positions in the classified service and all merit comparable positions, based upon similarity of dutie…

§ 5916. Uniform pay plan; hazardous duty pay. (a) The rules shall provide for a pay plan for all employees in the classified service, after consultation with state officers and after a public hearing held by the Board. Such pay plan shall become effective only after it has been a…

§ 5917. Competitive recruitment. (a) The rules shall provide for open competitive recruitment to test the relative fitness of applicants for positions in the classified service. Such recruitment shall be announced publicly at least 7 days prior to the date for filing applications…

§ 5918. Promotions. The rules shall provide for promotions, giving consideration to the applicant’s qualifications, performance record, seniority, conduct and, where practicable, to the results of competitive recruitment. Vacancies shall be filled by promotion whenever practicabl…

§ 5919. Referral lists. The rules shall provide for the establishment of referral lists for appointment and promotion. Such lists shall include the names of successful candidates in the order of their relative performance in the particular examinations, except where such lists co…

§ 5920. Rejection for unfitness. The rules shall provide for the rejection of candidates or eligibles who fail to comply with reasonable requirements of the Secretary in regard to such factors as age, physical condition, training and experience, or who have been guilty of infamou…

§ 5921. Appointment of highest ranking candidates. The rules shall provide for the appointment of a person standing among the highest 30 on the appropriate referral list, to fill a vacancy, except as provided in § 5919 of this title. In no case shall the rules require the employi…

§ 5922. Probation. (a) The rules shall provide for a period of probation before appointment or promotion is made complete and during which period a probationer may be discharged or reduced in class or rank. Probationary employees shall be entitled to receive an appropriate perfor…

§ 5923. Emergency employment. The rules shall provide for emergency employment for not over 30 days, with or without competition, with the consent of the Secretary.29 Del. C. 1953, § 5923; 55 Del. Laws, c. 443, § 1; 76 Del. Laws, c. 124, § 9; 81 Del. Laws, c. 66, § 42;

§ 5924. Department of Technology and Information’s acceptable use policy. The Secretary shall ensure that each merit employee signs a copy of the Department of Technology and Information’s acceptable use policy and that the signed copy is placed in each employee’s personnel file.…

§ 5925. Transfers. The rules shall provide for transfer from a position in 1 department or agency to a similar position in another department or agency involving similar qualifications, duties, responsibilities and pay range.29 Del. C. 1953, § 5925; 55 Del. Laws, c. 443, § 1;

§ 5926. Reinstatement. The rules shall provide for reinstatement within 2 years, with the approval of the Secretary, of persons who resign in good standing or who are laid off without fault or delinquency on their part.29 Del. C. 1953, § 5926; 55 Del. Laws, c. 443, § 1; 81 Del. L…

§ 5927. Performance records. The rules shall provide for the keeping of performance records on all employees in the classified service, which records may be considered in determining salary increases or decreases, promotion, layoffs and reinstatement, demotions, discharges and tr…

§ 5928. Layoffs; transfers; reductions. The rules shall provide for layoffs, transfers or reduction in rank because of lack of funds or work, or abolition of a position, or material change in duties or organization and for reemployment of employees so laid off, giving considerati…

§ 5929. Fines. The rules shall provide for imposition, as a disciplinary measure, of a fine of not more than 10 days’ pay or suspension from the service without pay for not longer than 30 days.29 Del. C. 1953, § 5929; 55 Del. Laws, c. 443, § 1;

§ 5930. Discharge; reduction in rank or grade. The rules shall provide for discharge or reduction in rank or grade for cause after the probationary period for appointment or promotion is completed. The person to be discharged or reduced in rank for cause shall have the right of a…

§ 5931. Grievances. (a) The rules shall provide for the establishment of a plan for resolving employee grievances and complaints. The final 2 steps of any such plan shall provide for hearings before the Secretary or the Secretary’s designee and before the Board, respectively, unl…

§ 5932. Work schedules. The rules shall provide for work schedules, call-in, and attendance regulations, rest periods and leaves of absence without pay.29 Del. C. 1953, § 5932; 56 Del. Laws, c. 376, § 6;

§ 5933. Leaves. (a) The rules shall provide for annual, sick and special leaves of absence, with pay or at reduced pay. Whenever an officer or employee of the State, including those exempt from the classified service, qualifies for workers’ compensation disability benefits, such …