reglab/housing_qa huggingface dataset:
29 DE Code § 5905. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter I. Definitions and Exclusions|§ 5905. Leave regulations for certain exempt positions.

§ 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 unlimited accrual privileges on unused sick leave. (2) Sick leave accrual for purposes of cash payment upon separation from state service shall not exceed a maximum of 675 hours. (b) State employees in the exempt positions enumerated in subsection (d) of this section shall accrue annual leave 13.25 hours for each completed calendar month of service. (1) Annual leave carried over into a new calendar year may not exceed twice the exempt employee's annual accrual rate. This determination shall be made as of December 31 of each calendar year, although it shall be possible to accrue and carry in excess of twice the annual accrual rate during the course of a calendar year. (2) Secretaries of executive departments and/or agency heads are responsible for maintaining a record of their own and their employee's leave accrual and usage. Such records shall be reviewed by the employee annually during the month of December and such review shall be made a part of the employee's leave record. (c) State employees in exempt positions enumerated in subsection (d) of this section, upon termination of state service, shall be compensated for unused annual leave and sick leave consistent with current merit rules. This section also applies to retired Delaware State Police who return to state service and who otherwise meet the eligibility requirements for retirement under the Delaware State Employees Pension Plan. (d) The leave regulations set forth in this section shall only apply to those full-time appointed exempt positions except elected officials, judges (excluding justices of the peace), casual and seasonal employees, temporary employees and interns. 66 Del. Laws, c. 248, §  1;  69 Del. Laws, c. 291, §§  31-33;  70 Del. Laws, c. 118, §  31;  70 Del. Laws, c. 314, §  1;  73 Del. Laws, c. 181, §  3;  75 Del. Laws, c. 20, §  1;
29 DE Code § 5906. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter II. Board and Director|§ 5906. Composition of the Merit Employee Relations Board.

§ 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 a term of 3 years, or until their successors are appointed; provided however, that members may be removed at the pleasure of the Governor. (b) When appointed, members shall be residents of this State for at least 3 years immediately preceding their appointments. One member shall reside in the City of Wilmington, 1 shall reside in the remainder of New Castle County, and 1 each shall reside in each of the other 2 counties of the State. The fifth member may reside anywhere in the State. The qualifications for members shall continue during their term of office. (c) The Secretary of the Department of Human Resources, or the Secretary's designee, shall be the liaison between the Board and the Department of Human Resources and shall attend all meetings of the Board. The Secretary shall not participate in the deliberation of any cases before the Board, nor sit with members of the Board, during the hearing or deliberations. The Secretary or the Secretary's designee shall be limited to representing and/or testifying on behalf of the Department of Human Resources and other state agencies before the Board. (d) The Merit Employee Relations Board shall have clerical and legal support staff separate from the staff of the Department of Human Resources, and such staff shall be located separate from the Department of Human Resources. 29 Del. C. 1953, §  5906;  55 Del. Laws, c. 443, §  1;  69 Del. Laws, c. 436, §  1;  75 Del. Laws, c. 88, §  20(6);  81 Del. Laws, c. 66, §  32;
29 DE Code § 5907. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter II. Board and Director|§ 5907. Powers, duties and functions of the Board.

§ 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 Resources investigate problems or complaints arising from the implementation of the Merit System and the effect of merit policies and procedures on employees in the classified service; (2) Appoint 1 or more members from its own membership to act as representatives of the Board at any meeting where such representation is deemed desirable; (3) Require the Secretary to submit all proposed Merit Rule revisions to the statewide Labor-Management Committee for review and comment prior to submission to the Board for public hearing and adoption; and (4) Make an annual report to the Governor, and special reports and recommendations upon the Governor's request.29 Del. C. 1953, §  5907;  55 Del. Laws, c. 443, §  1;  56 Del. Laws, c. 376, §  3;  69 Del. Laws, c. 436, §  2;  75 Del. Laws, c. 88, §§  20(6), 25(2);  81 Del. Laws, c. 66, §  33;
29 DE Code § 5908. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter II. Board and Director|§ 5908. Organization and meetings of the Board.

§ 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 and place of each meeting. Three members shall constitute a quorum for the transaction of business at any meeting. (b) Each Board member shall be paid $100 for each day devoted to Board business, not to exceed $4,000 annually. Members shall be entitled to reimbursement for travel in accordance with State guidelines. 29 Del. C. 1953, §  5908;  55 Del. Laws, c. 443, §  1;  64 Del. Laws, c. 90, §  50;  65 Del. Laws, c. 87, §  64;  69 Del. Laws, c. 436, §  3;  75 Del. Laws, c. 88, §  20(6);  81 Del. Laws, c. 66, §  34;
29 DE Code § 5909. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter II. Board and Director|§ 5909. Limitation on expenditures.

§ 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 shall have been made by the General Assembly. 29 Del. C. 1953, §  5909;  55 Del. Laws, c. 443, §  1;  69 Del. Laws, c. 436, §  9;
29 DE Code § 5912. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter II. Board and Director|§ 5912.

§ 5912.
29 DE Code § 5914. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5914. Rules; hearing; adoption.

§ 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 final upon the completion of the public hearing, unless rejected by a majority of the members appointed to the Board. 29 Del. C. 1953, §  5914;  55 Del. Laws, c. 443, §  1;  69 Del. Laws, c. 436, §  6;  81 Del. Laws, c. 66, §  36;
29 DE Code § 5917. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5917. Competitive recruitment.

§ 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 therefore and may be advertised through the press, radio and other media. (b) The Secretary shall maintain a listing of those positions in the classified service that require the administration of a competitive examination. Examinations may be written or oral, or a combination of both, or they may be unassembled examinations, in which case the examining authority may evaluate specialized training and experience. Examinations shall be prepared by the Secretary, after consultation with the appointing authority where appropriate. 29 Del. C. 1953, §  5917;  55 Del. Laws, c. 443, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 88, §  20(6);  76 Del. Laws, c. 124, §  2;  81 Del. Laws, c. 66, §  39;
29 DE Code § 5918. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5918. Promotions.

§ 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 practicable and in the best interest of the classified service. Any promotional competition for a position funded solely by general funded appropriations, involving 2 or more candidates and a referral list issued by the Secretary, shall be considered a competitive recruitment under § 5917 of this title. 29 Del. C. 1953, §  5918;  55 Del. Laws, c. 443, §  1;  62 Del. Laws, c. 55, §  1;  76 Del. Laws, c. 124, §§  3, 4;  81 Del. Laws, c. 66, §  40;
29 DE Code § 5919. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5919. Referral lists.

§ 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 contain fewer than 31 candidates, in which case the names of the successful candidates may be listed in alphabetical order. In the event that the score of the thirtieth name is tied with other candidates, all tied scores will be placed on the referral list even if it exceeds 30. Vacant positions in pay grades 1-5 will be filled by agency recruitment efforts unless a referral list is required by federal law for that position. 29 Del. C. 1953, §  5919;  55 Del. Laws, c. 443, §  1;  60 Del. Laws, c. 599, §  1;  65 Del. Laws, c. 348, §  11;  70 Del. Laws, c. 272, §  1;  73 Del. Laws, c. 142, §  1;  76 Del. Laws, c. 124, §  5;
29 DE Code § 5920. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5920. Rejection for unfitness.

§ 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 infamous or disgraceful conduct, are addicted to alcohol or to narcotics or have attempted any deception or fraud in connection with an recruitment. 29 Del. C. 1953, §  5920;  55 Del. Laws, c. 443, §  1;  76 Del. Laws, c. 124, §  6;  81 Del. Laws, c. 66, §  41;
29 DE Code § 5921. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5921. Appointment of highest ranking candidates.

§ 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 employing agency to give a reason for rejecting names on the list unless all names are rejected. When the appointing authority selects an applicant for hire from the list the applicant may, at the discretion of the appointing authority, start work immediately and be placed on the payroll forthwith and any additional approvals or paperwork required by the rules shall be performed subsequently. 29 Del. C. 1953, §  5921;  55 Del. Laws, c. 443, §  1;  60 Del. Laws, c. 599, §  2;  61 Del. Laws, c. 463, §  1;  69 Del. Laws, c. 291, §  30;  72 Del. Laws, c. 359, §  1;  76 Del. Laws, c. 124, §§  7, 8;
29 DE Code § 5922. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5922. Probation.

§ 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 performance report or reports during the probationary period, providing warning of any poor performance. (b) If the probationary employee's services were unsatisfactory, the probationary employee shall be dropped from the payroll, except in the case of promotional probation in which case the probationer shall be handled per applicable merit rules. If the probationary employee's services were satisfactory or no action taken within the probationary period, the appointment shall be deemed permanent. The determination of the appointing authority shall be final and conclusive. 29 Del. C. 1953, §  5922;  55 Del. Laws, c. 443, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 350, §  86;  76 Del. Laws, c. 80, §  82;
29 DE Code § 5923. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5923. Emergency employment.

§ 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;
29 DE Code § 5924. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5924. Department of Technology and Information's acceptable use policy.

§ 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. If an investigation concludes that a merit employee has violated that policy, any discipline resulting in the loss of wages must first be reviewed by the Department of Human Resources prior to implementation of the discipline. 76 Del. Laws, c. 227, §  2;  81 Del. Laws, c. 66, §  43;
29 DE Code § 5925. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5925. Transfers.

§ 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;
29 DE Code § 5926. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5926. Reinstatement.

§ 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. Laws, c. 66, §  44;
29 DE Code § 5927. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5927. Performance records.

§ 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 transfers. 29 Del. C. 1953, §  5927;  55 Del. Laws, c. 443, §  1;
29 DE Code § 5928. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5928. Layoffs; transfers; reductions.

§ 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 consideration in each such case to performance record and seniority in service. 29 Del. C. 1953, §  5928;  55 Del. Laws, c. 443, §  1;
29 DE Code § 5929. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5929. Fines.

§ 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;
29 DE Code § 5930. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5930. Discharge; reduction in rank or grade.

§ 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 appeal as set forth in this chapter. 29 Del. C. 1953, §  5930;  55 Del. Laws, c. 443, §  1;
29 DE Code § 5932. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5932. Work schedules.

§ 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;
29 DE Code § 5934. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5934. Working conditions.

§ 5934. Working conditions. The rules shall provide for the development and operation of programs to improve work effectiveness and morale of employees in the state service, including training, safety, health, welfare, counseling, recreation and employee relations. 29 Del. C. 1953, §  5934;  55 Del. Laws, c. 443, §  1;  56 Del. Laws, c. 376, §  6;
29 DE Code § 5935. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5935. Veterans' and members' preference.

§ 5935. Veterans' and members' preference. (a) The rules shall provide for preference to be given to veterans of the armed forces of the United States (Army, Navy, Air Force, Marine Corps, and Coast Guard) who served as an active member of the armed forces of the United States and were terminated honorably. The rules shall also provide for preference to be given to active and honorably discharged members with at least 20 years of service in either the Delaware National Guard or a reserve unit located within Delaware. (b) Such rules shall provide that:  (1) Preference shall be confined to original entrance and shall not be applied to promotion within the classified service or to retention in case of reduction in force; (2) Preference shall be granted only in the form of credits to be added to earned ratings in examinations, with disabled veterans receiving no more than 10 points and other veterans or members who qualify under subsection (a) of this section no more than 5 points; (3) A definition of a disabled veteran shall be set forth in the rules; (4) All veterans or members who qualify under subsection (a) of this section shall be required to meet job requirements before receiving preference credits; (5) Employees in the classified service who, while in good standing, leave or have left the state service to engage in military service shall be given credit for seniority purposes for the time served in the armed forces not to exceed 3 years; and (6) Five preference points may be claimed by the spouse of any of the following, so long as the spouse achieves a passing examination grade:  a. Any veteran or member who qualifies under subsection (a) of this section who has died, so long as the widow or widower has not remarried; b. Any member of the armed forces serving on active duty who, at the time of application for the priority, is listed in 1 or more of the following categories and has been so listed for a total of more than 90 days:  1. Missing in action; 2. Captured in line of duty by a hostile force; or 3. Forcibly detained or interned in line of duty by a foreign government or power; or c. Any veteran or member who qualifies under subsection (a) of this section who has a disability resulting from a service connected disability.29 Del. C. 1953, §  5935;  55 Del. Laws, c. 443, §  1;  56 Del. Laws, c. 376, §  6;  59 Del. Laws, c. 448, §  1;  60 Del. Laws, c. 318, §  1;  65 Del. Laws, c. 71, §  1;  76 Del. Laws, c. 124, §§  10, 11;  78 Del. Laws, c. 216, §  1;  80 Del. Laws, c. 188, §  1;
29 DE Code § 5936. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5936. Enforcement.

§ 5936. Enforcement. The rules shall provide for such rules and administrative regulations not inconsistent with this chapter as may be proper and necessary for its enforcement. 29 Del. C. 1953, §  5936;  55 Del. Laws, c. 443, §  1;  56 Del. Laws, c. 376, §  6;
29 DE Code § 5937. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5937. Interview for current casual seasonal employees.

§ 5937. Interview for current casual seasonal employees. The rules shall provide for an automatic interview for an applicant who is a casual seasonal employee working in the division and section, performing the same job duties as the posted merit position, provided the casual seasonal employee meets the minimum qualifications and any preferential or selective qualifications included in the posting. 79 Del. Laws, c. 305, §  1;