Title 29, State Government

§ 5938. Collective bargaining. (a) Except as expressly provided in subsection (c) of this section, nothing contained in this chapter or in the rules shall deny, limit or infringe upon the right of any employee in the classified service or any exclusive bargaining representative u…

§ 5939. Preference for unemployed [Repealed]. Repealed by 76 Del. Laws, c. 124, § 13, effective July 12, 2007.

§ 5940. Review dates. The review date for employees of the classified service shall be December 31 of each fiscal year, except for fiscal year 1990. For fiscal year 1990, the review date for all employees shall be January 1, 1990, and shall not change during the fiscal year. The …

§ 5941. Duties of state officers and employees. All officers and employees of the State shall comply with and aid in all proper ways in carrying out this chapter and the rules, regulations and orders thereunder. All officers and employees shall furnish any records or information …

§ 5941A. Requirement of registration with Selective Service System. The rules shall provide that all males born after January 1, 1960, must have registered with the Selective Service System in order to be eligible for state employment.65 Del. Laws, c. 505, § 1;

§ 5942. Certification of payrolls; audits. (a) No state disbursing or auditing officer shall make or approve or take any part in making or approving any payment for personal service to any person holding a position in the classified service unless the payroll voucher or account b…

§ 5943. Enforcement of chapter by legal action. (a) The exclusive remedy available to a classified employee for the redress of an alleged wrong, arising under a misapplication of any provision of this chapter, the merit rules or the Secretary’s regulations adopted thereunder, is …

§ 5944. Oaths, testimony and the production of records. The Board, each Board member and the Secretary shall have power to administer oaths, subpoena witnesses and compel the production of books and papers relevant to any investigation or hearing authorized by this chapter. Any p…

§ 5945. Refusal of employee to testify. If any employee in the state service shall wilfully refuse or fail to appear before any court or judge, any legislative committee or any officer, board or body authorized to conduct any hearing or inquiry, or, having appeared, shall refuse …

§ 5946. Prohibited acts. (a) No person shall make any false statement, certificate, mark, rating or report with regard to any hearing, test, certification or appointment made under any provision of this chapter or in any manner commit or attempt to commit any fraud preventing the…

§ 5947. Penalties; jurisdiction. (a) Any person who wilfully violates this chapter or any of the rules shall be guilty of a misdemeanor and shall be punished therefor as the Court may direct. (b) Any person who is convicted of a misdemeanor under subsection (a) of this section sh…

§ 5948. Records of Board. The Board’s records, except such records as the rules may properly require to be held confidential for reasons of public policy, shall be public records and shall be open to public inspection subject to reasonable regulations as to the time and manner of…

§ 5949. Appeals. (a) An employee in the classified service who has completed a probationary period of service may not, except for cause, be dismissed or demoted or suspended for more than 30 days in any 1 year. Within 30 days after any such dismissal, demotion or suspension, an e…

§ 5950. Employee recognition. (a) It shall be part of the function of state agencies to conduct employee recognition programs for Merit System employees and employees in positions that are assigned comparable Merit System classes or pay grades. All such employee recognition progr…

§ 5951. Services to political subdivisions and excluded agencies. Subject to approval of the Board, which shall take into account the primary responsibility of the Secretary towards the classified service, the Secretary may enter into agreements with any agency excluded from this…

§ 5952. Federal merit system standards. Notwithstanding any other provisions of this chapter, the Board and each officer and employee of this State are authorized and directed to take such action with respect to matters involving personnel as may be necessary to insure the contin…

§ 5953. Discrimination prohibited. (a) For purposes of this section: (1) “Housing status” means as defined in § 204 of Title 19. (2) “Military status” means status as any of the following: a. A member of the uniformed forces, as defined in 10 U.S.C. § 101, or a reserve component …

§ 5954. Political activity; penalty. (a) No person shall use or promise to use, directly or indirectly, any official authority or influence, whether possessed or anticipated, to secure or attempt to secure for any person an appointment or advantage in appointment to a position in…

§ 5955. Federal Fair Labor Standards Act; application to state personnel practices and merit system rules. Notwithstanding any other provision of state law, the federal Fair Labor Standards Act, Chapter 8 of Title 29 of the United States Code, shall supersede state law relating t…

§ 5956. Donated leave program. (a) An officer or employee of this State, with the approval of the officer or employee's immediate supervisor or the Director of the Division in which the officer or employee is employed, may donate accrued sick leave and annual leave to a Leave Ban…

§ 6001. Short title. This chapter may be cited as the “Disaster Service Volunteer Leave Act.”70 Del. Laws, c. 21, § 1;

§ 6001F. Definitions [For application of this section, see 84 Del. Laws, c. 407, § 2]. As used in this chapter: (1) “Flag” means a Delaware state flag. (2) a. “Law-enforcement officer” means a sworn member of a police force or other law-enforcement agency of this State or of a co…

§ 6002. Definitions. As used in this chapter, unless the context indicates a different intent: (1) “Certified disaster service volunteer” or “volunteer” means any person who has completed the necessary training for and been certified as a disaster service specialist by the Americ…

§ 6002F. Eligibility [For application of this section, see 84 Del. Laws, c. 407, § 2]. The next of kin of a deceased person is entitled to a flag if all of the following criteria are met: (1) The person has provided at least 10 years of service to this state in at least 1 of the …

§ 6003. Disaster service volunteer leave. (a) An employee of a state agency who is a certified disaster service volunteer may be granted leave from work with pay, in accordance with subsection (b) of this section below, for up to an aggregate of 15 work days, consecutively or non…

§ 6003F. Distribution [For application of this section, see 84 Del. Laws, c. 407, § 2]. On the request of a next of kin, the following entities shall provide a flag under this section: (1) The Delaware State Fire Prevention Commission, if the person served as a volunteer or paid …

§ 6051. Purpose. The purpose of this chapter is to create a vehicle through which all employees of the State may, on a voluntary basis, provide for additional retirement income security through a program of deferred compensation. The deferred compensation program provided by this…

§ 6052. Definitions [Effective until implementation of contingency in 85 Del. Laws, c. 399, § 4]. As used in this chapter: (1) “Board” shall mean the Plans Management Board pursuant to § 2722 of this title. (2) “Deferred compensation” means income earned as a public officer or em…

§ 6053. Deferred Compensation Council [Repealed].60 Del. Laws, c. 146, § 1; 69 Del. Laws, c. 64, § 84; 75 Del. Laws, c. 88, § 20(6); 75 Del. Laws, c. 350, § 163; repealed by 80 Del. Laws, c. 295, § 3, eff. July. 1, 2016.;

§ 6054. Administration; reports. (a) All plans of deferred compensation which may be adopted shall provide that each participating employee will be furnished a quarterly statement of the employee’s account, on a form approved by the Board, showing at least the amount of income de…

§ 6055. Payroll deductions [Effective until implementation of contingency in 85 Del. Laws, c. 399, § 4]. The Department of Finance and the State Treasurer are authorized to make payroll deductions under this chapter pursuant to regulations adopted by the Board for any public offi…

§ 6056. Maximum amount deferrable. Any provision of this chapter notwithstanding, the maximum amount of income which any 1 employee may elect to defer after June 30, 1975, shall not exceed the limit established by the Internal Revenue Service.60 Del. Laws, c. 146, § 1; 70 Del. La…

§ 6057. Limitation on investments. The deferred compensation program may offer any of the following investment options and none other: (1) Savings accounts in federally insured banking institutions. (2) United States government bonds or debt instruments. (3) Life insurance and an…

§ 6058. Audit [Repealed].60 Del. Laws, c. 146, § 1; repealed by 80 Del. Laws, c. 295, § 3, eff. July 1, 2016.;

§ 6059. Costs [Repealed].60 Del. Laws, c. 146, § 1; 74 Del. Laws, c. 68, § 81; repealed by 80 Del. Laws, c. 295, § 3, eff. July 1, 2016.;

§ 6060. Employer Match Plan. The Board is hereby authorized and directed to establish a plan pursuant to § 401(a) of the Internal Revenue Code of 1986 (26 U.S.C. § 401(a)), as amended.72 Del. Laws, c. 488, § 2; 80 Del. Laws, c. 295, § 3;

§ 6061. Employer contribution to qualified participants [Suspended effective July 1, 2008; see 85 Del. Laws, c. 324, § 7(e)]. Commencing January 1, 2001, and each pay period thereafter, an amount equal to 100 percent of the voluntary contribution of every qualified participant, n…

§ 6062. Roth savings option. (a) The Board shall ensure that 26 U.S.C. §§ 403(b) and 457(b) retirement plans allow participants the option to designate their contributions into the plans as Roth contributions. (b) The Office of Management and Budget shall make all necessary chang…

§ 6063. Automatic enrollment, automatic escalation, and default investments [Effective upon implementation of contingency in 85 Del. Laws, c. 399, § 4]. (a) Notwithstanding anything to the contrary in § 5106 of this title, a covered employee who does not opt out shall be automati…

§ 6071. Establishment. (a) The First State Quality Improvement Fund is hereby established within the Department of Human Resources. (b) Moneys provided to the Fund shall be subject to an annual appropriation by the General Assembly in the Annual Budget Act of the State of Delawar…

§ 6072. Legislative intent. The General Assembly finds that Delaware state agencies and employees can improve their performance and delivery of services to Delaware citizens by implementing a long-term commitment to continuous improvement, performance budgeting and other initiati…

§ 6073. Purposes. (a) The Fund shall be expended for long-term commitments to continuous quality improvement and other operational excellence initiatives, except as provided in § 6076. (b) Moneys appropriated to the Fund may be allocated for activities and programs based on commo…

§ 6074. Distribution and accountability of the First State Quality Improvement Fund. The Department of Human Resources Training and HR Solutions Division in partnership with the Government Efficiency and Accountability Review (GEAR) Program management team shall adopt rules and r…

§ 6075. Fund purpose [Repealed].70 Del. Laws, c. 338, § 1; 77 Del. Laws, c. 84, § 73; 77 Del. Laws, c. 327, § 66; 78 Del. Laws, c. 78, § 66; 78 Del. Laws, c. 290, § 62; 79 Del. Laws, c. 78, § 60; 79 Del. Laws, c. 290, § 63; 80 Del. Laws, c. 79, § 62; 80 Del. Laws, c. 298, § 66; 8…

§ 6076. Emergency and special appropriations. (a) In the event of an emergency involving the health, safety or welfare of the citizens of the State, any portion of the balance remaining in the Fund may be expended pursuant to an act of appropriation passed by 3/5 of all the membe…

§ 6077. Termination. The First State Quality Improvement Fund may be terminated by the General Assembly, upon the recommendation of the Joint Finance Committee when, in the opinion of the Joint Finance Committee, the program has not realized improvement in agency performance, mon…