29 DE Code § 5903. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter I. Definitions and Exclusions|§ 5903. Classified service and exemptions.

§ 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 others elected by popular vote and persons appointed to fill vacancies in elective offices. (2) Officers and employees of the Senate and House of Representatives of the General Assembly. (3) Election officers. (4) Heads of state agencies, members of boards and commissions and the chief administrator employed by each board or commission. (5) One principal assistant or deputy and 1 private secretary for each head of a state agency. (6) Officers and employees in the office of the Governor. (7) Assistant Public Defenders, Deputy Attorneys General, and state detectives appointed by the State Attorney General. (8) Physicians or lawyers acting primarily in a professional capacity and not in an administrative capacity, except those physicians or lawyers employed by the State on a full-time basis. (9) Persons employed as consultants in a professional or scientific capacity to conduct a temporary and special inquiry, investigation, examination or service on behalf of the General Assembly or a committee thereof, or by authority of the Governor or by authority of a head of a state department, agency, board or commission. (10) Patient or inmate help in charitable, penal, correctional and other state institutions. (11) Personnel in the military service of the State. (12) All employees of each state school district, special school district and charter schools, all employees of the Department of Education and all employees who teach in state institutions pursuant to unit allocations as set forth in § 1703 of Title 14. (13) All employees of the University of Delaware and of Delaware State University. (14) Trustees of the University of Delaware and Delaware State University. (15) Persons engaged in public work conducted jointly with the federal government, with other states or their political subdivisions or with political subdivisions in this State, except certain covered employees of the Department of Agriculture as defined by § 304 of Title 3. (16) All judges or other members of the state judiciary, referees, jurors and others appointed by the judiciary, but excluding all other employees of the Court of Common Pleas, with the exception of the Court Administrator, Deputy Court Administrator, Judicial Case Management Administrator, Judicial Operations Managers, Chief of Court Security, Chief Electronic Court Reporter, Investigative Supervisor, Controller, Management Analysts, Human Resource Specialist, Court Security Officer Supervisor, Court Security Officers I and II, and 1 judicial secretary for each judge, and the Justice of the Peace Court system with the exception of the Court Administrator, Operations Managers, Judicial Operations Managers, Investigative Supervisor, Controller, Fiscal Administrative Officer, Family Services Program Support Administrator, Management Analysts, Judicial Secretary, Administrative Specialists, Chiefs of Court Security and Human Resource Specialists. The staff attorney and law clerk positions in the Court of Common Pleas and the Justices of the Peace Courts shall be exempt positions and shall be excluded from classified service. Any incumbent occupying a position that is “classified” by the Secretary in compliance with this section shall be considered qualified without further testing, and shall be continued in the position without loss of compensation. Future hirees into any classified position in the Justice of the Peace Courts vacated subsequent to July 15, 1976, will be made in accordance with this chapter. (17) a. Casual seasonal employees may be employed by the State on a temporary basis in order to assist agencies in the following situations:  1. Casual assistance. — employee is needed on a sporadic or on-call basis where hours cannot be predetermined and vary greatly from week to week. Such employees may be used as needed. 2. Seasonal assistance. — employee is needed for peak operating seasons not to exceed 9 months. 3. Institutional assistance. — employee is needed to provide optimum staffing levels for clients or to maintain security in an institution. Such employees may be used as needed. 4. Part-time assistance. — employee works less than 30 hours per week on a consistent basis. Such employees may be used as needed. 5. Project assistance. — employee performs duties related to a specific project that has defined objectives and an established time period of completion that does not exceed 1 year. 6. Primary incumbent replacement. — employee is needed to fulfill the job responsibilities of the primary incumbent who is unable to perform such responsibilities for an extended period of time. Such employees may be used for a maximum of 9 months or the length of time the incumbent is unable to perform the job responsibility, whichever is less. 7. Intern. — employee is a college student enrolled in an academic program and working to gain job related experience. Such employees may be used for a maximum of 9 months. 8. Co-op student. — employee is a high school or college student enrolled in an academic program who is working to gain job related experience. Such employees may work part time during the school year and full time during times when school is not in session and may be used as needed. 9. Summer/School break assistance. — employee is hired for a specific time period and uses this employment as an introduction to government and its services. Such employees may be used for a maximum of 9 months. b. The term durational is not applicable to any classification of employee employed by the State of Delaware. c. Agencies that experience circumstances that require the use of casual seasonal employees that are not defined in subsection (a) of this section must submit a request to the Secretary, the Director of the Office of Management and Budget and the Controller General for approval. Upon completion of 1 year of work from casual seasonal employee, the Secretary, the Director of the Office of Management and Budget and the Controller General must review the agency need for such casual seasonal employment. (18) Members and employees of the Delaware State Police. (19) All employees of the Delaware Technical and Community College. (20) All members and employees of the Legislative Council, except that the exclusion granted by this subdivision shall not extend beyond and shall terminate on June 30, 1970. (21) One position within the Division of State Banking Commission, Department of State in addition to those listed in paragraph (5) of this section. (22) Employees appointed to exceptional employment positions pursuant to § 5904A of this title during the trial work period. (23) Positions designated as exempt by either the determination by the Secretary, the Director of the Office of Management and Budget and Controller General or via budget epilogue language. Any classified employee leaving the classified service to accept a position under paragraph (4), (5), (6) or (23) of this section shall automatically be granted an extended leave of absence. Upon completion of such appointment, the Secretary shall place the employee in a classified position for which the employee meets minimum qualifications in the same or a lower pay grade as the position that the employee held when leaving the classified service. The salary shall be paid at no less than the equivalent pay grade and percentage of the pay grade midpoint from which the employee took this leave of absence. (24) One position within the Division of Public Health, Department of Health and Social Services, for a dental director. (25) One position within the Division of Social Services, Department of Health and Social Services, for a chief physician.29 Del. C. 1953, §  5903;  55 Del. Laws, c. 443, §  1;  56 Del. Laws, c. 184;  57 Del. Laws, c. 110;  59 Del. Laws, c. 348, §  6;  59;  59 Del. Laws, c. 555, §  1;  60 Del. Laws, c. 539, §  7;  60 Del. Laws, c. 624, §  1;  61 Del. Laws, c. 461, §  1;  63 Del. Laws, c. 142, §  46;  64 Del. Laws, c. 291;  64 Del. Laws, c. 439, §  3;  65 Del. Laws, c. 87, §  39;  66 Del. Laws, c. 182, §  1;  67 Del. Laws, c. 281, §  74;  67 Del. Laws, c. 339, §  1;  68 Del. Laws, c. 169, §  1;  69 Del. Laws, c. 49, §  1;  69 Del. Laws, c. 67, §  2;  70 Del. Laws, c. 111, §  2;  70 Del. Laws, c. 425, §  25;  73 Del. Laws, c. 181, §§  1, 2;  73 Del. Laws, c. 310, §§  6, 18;  74 Del. Laws, c. 68, §  40;  74 Del. Laws, c. 164, §  1;  74 Del. Laws, c. 309, §  31;  75 Del. Laws, c. 88, §§  20(6), 21(13), 25(2), 26(2);  76 Del. Laws, c. 280, §  424;  77 Del. Laws, c. 333, §  1;  79 Del. Laws, c. 71, §  1;  79 Del. Laws, c. 339, §  1;  81 Del. Laws, c. 66, §  29;  82 Del. Laws, c. 148, § 1;