reglab/housing_qa huggingface dataset:
29 DE Code § 5938. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5938. Collective bargaining.

§ 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 under Chapter 13 of Title 19. (b) 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 any collective bargaining agreement or the authority and duty of this State or any agency thereof to engage in collective bargaining with the exclusive bargaining representative under Chapter 13 of Title 19. (c) The rules adopted or amended by the Board under the following sections shall apply to any employee in the classified service represented by an exclusive bargaining representative or covered by a collective bargaining agreement under Chapter 13 of Title 19, except in the case of collective bargaining agreements reached pursuant to § 1311A of Title 19: §§ 5915 through 5921, 5933, 5935, and 5937 of this title. (d) The rules adopted or amended by the Board under the following sections shall not apply to any employee in the classified service represented by an exclusive bargaining representative to the extent the subject thereof is covered in whole or in part by a collective bargaining agreement under Chapter 13 of Title 19: §§ 5922 through 5925 of this title, except where transfer is between agencies or where change is made in classification or pay grade; §§ 5926 through 5928 of this title, except where an employee laid off by 1 agency is reemployed by another; and §§ 5929 through 5932, 5934, and 5936 of this title. (e) The Secretary or the Secretary's designee and the Board shall meet with the exclusive bargaining representative at reasonable times to negotiate in good faith with respect to any rule to be adopted or amended under §§ 5915 through 5921, 5933, 5935, and 5937 of this title and, to the extent the subject thereof is not covered in whole or in part by a collective bargaining agreement under Chapter 13 of Title 19, §§ 5922 through 5932, 5934, and 5936 of this title. 29 Del. C. 1953, §  5938;  56 Del. Laws, c. 376, §  7;  69 Del. Laws, c. 436, §  9;  76 Del. Laws, c. 178, §  5;  81 Del. Laws, c. 66, §  47;  82 Del. Laws, c. 26, § 3;
29 DE Code § 5940. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter III. Rules|§ 5940. Review dates.

§ 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 review date for employees hired during any fiscal year shall be December 31 of the subsequent fiscal year, except for fiscal year 1990. For fiscal year 1990, the review date for employees hired before January 1, 1990, shall be January 1, 1990, and for those hired after January 1, 1990, the review date shall be July 1, 1990. 62 Del. Laws, c. 277, §  11;  67 Del. Laws, c. 47, §  12(k);  70 Del. Laws, c. 118, §  32;
29 DE Code § 5941. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter IV. Enforcement and Appeals|§ 5941. Duties of state officers and employees.

§ 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 which the Secretary or the Board may request for any purpose of this chapter. The Secretary, with the approval of the Board, may institute and maintain any action or proceeding at law or in equity that the Secretary considers necessary or appropriate to secure compliance with this chapter and the rules, regulations and orders thereunder. 29 Del. C. 1953, §  5941;  55 Del. Laws, c. 443, §  1;  69 Del. Laws, c. 436, §  9;  70 Del. Laws, c. 186, §  1;  81 Del. Laws, c. 66, §  48;
29 DE Code § 5941A. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter IV. Enforcement and Appeals|§ 5941A. Requirement of registration with Selective Service System.

§ 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;
29 DE Code § 5942. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter IV. Enforcement and Appeals|§ 5942. Certification of payrolls; audits.

§ 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 bears the certification or electronic approval of the appropriate state officer that the persons named therein are being paid in accordance with this chapter and the rules, regulations and orders thereunder. (b) The Director of the Office of Management and Budget shall conduct such post audits of state payrolls and such other investigations as deemed necessary to ensure that this chapter and the rules, regulations and orders thereunder are being observed. Any violations shall be called immediately to the attention of the appropriate agency head and to the Auditor of Accounts and Secretary of Finance. Thereafter, no payment shall be made to any employee whose salary rate has been questioned until the rate has been adjusted to the satisfaction of the Director of the Office of Management and Budget. 29 Del. C. 1953, §  5942;  55 Del. Laws, c. 443, §  1;  70 Del. Laws, c. 509, §§  2, 3;  75 Del. Laws, c. 88, §§  20(6), 36;
29 DE Code § 5944. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter IV. Enforcement and Appeals|§ 5944. Oaths, testimony and the production of records.

§ 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 person who shall fail to appear in response to a subpoena or to answer any question or produce any books or papers relevant to any such investigation or hearing may be compelled to do so by order of the Superior Court. 29 Del. C. 1953, §  5944;  55 Del. Laws, c. 443, §  1;  69 Del. Laws, c. 436, §  9;  81 Del. Laws, c. 66, §  50;
29 DE Code § 5945. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter IV. Enforcement and Appeals|§ 5945. Refusal of employee to testify.

§ 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 to testify or answer any question relating to the affairs or government of the State or the conduct of any state officer or employee on the ground that the employee's testimony or answers would tend to incriminate the employee or shall refuse to waive immunity from prosecution on account of any matter about which the employee may be asked to testify at any such hearing or inquiry, the employee shall forfeit the employee's office or position and shall not be eligible thereafter for appointment to any position in the state service. 29 Del. C. 1953, §  5945;  55 Del. Laws, c. 443, §  1;  70 Del. Laws, c. 186, §  1;
29 DE Code § 5946. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter IV. Enforcement and Appeals|§ 5946. Prohibited acts.

§ 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 impartial execution of this chapter and the rules thereunder. (b) No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or on account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the classified service. (c) No employee of the Board, examiner or other person shall defeat, deceive or obstruct any person in the right to examination, eligibility, certification or appointment under this chapter or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service. 29 Del. C. 1953, §  5946;  55 Del. Laws, c. 443, §  1;  69 Del. Laws, c. 436, §  9;  70 Del. Laws, c. 186, §  1;
29 DE Code § 5947. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter IV. Enforcement and Appeals|§ 5947. Penalties; jurisdiction.

§ 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 shall, for a period of 5 years, be ineligible for appointment to, or employment in, a position in the state service, and if the person is an officer or employee of the State shall forfeit the person's office or position. (c) The Superior Court shall have exclusive jurisdiction of violations of this chapter. 29 Del. C. 1953, §  5947;  55 Del. Laws, c. 443, §  1;  70 Del. Laws, c. 186, §  1;
29 DE Code § 5948. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter IV. Enforcement and Appeals|§ 5948. Records of Board.

§ 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 inspection as may be prescribed by the Secretary. Reports concerning character, personal history and health of employees or applicants for employment shall be held confidential except when a majority of the Board shall find it to be in the public interest that the same shall be open to public inspection. 29 Del. C. 1953, §  5948;  55 Del. Laws, c. 443, §  1;  69 Del. Laws, c. 436, §  9;  81 Del. Laws, c. 66, §  51;
29 DE Code § 5949. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter IV. Enforcement and Appeals|§ 5949. Appeals.

§ 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 employee may appeal to the Board for review thereof. Upon such review, both the appealing employee and the appointing authority whose action is reviewed shall have the right to be heard publicly and to present evidentiary facts. At the hearing, technical rules of evidence shall not apply. The rules shall require that the Board take final action on an appeal within 90 calendar days of submission to the Board. Upon approval of all parties, the 90 days may be extended an additional 30 calendar days. (b) If the Board upholds the decision of the appointing authority, the employee shall have a right of appeal to the Superior Court on the question of whether the appointing authority acted in accordance with law. The burden of proof of any such appeal to the Board or Superior Court is on the employee. If the Board finds against the appointing authority, the appointing authority shall have a right of appeal to the Superior Court on the question of whether the appointing authority acted in accordance with law. The burden of proof of any such appeal to the Superior Court is on the appointing authority. All appeals to the Superior Court shall be by the filing of a notice of appeal with the Court within 30 days of the employee being notified of the final action of the Board. (c) Whenever subsection (a) or (b) of this section conflicts with any collective bargaining agreement, or whenever any collective bargaining agreement is exclusive with respect to matters which are the subject thereof, the collective bargaining agreement shall apply and shall be followed. (d) If the Board finds that the action complained of was taken by the appointing authority for any political, religious or racial reason, or is not supported by the facts as having been for cause, the employee shall be reinstated to the former position or a position of like status and pay without loss of pay for the period of suspension. 29 Del. C. 1953, §  5949;  55 Del. Laws, c. 443, §  1;  56 Del. Laws, c. 376, §  9;  69 Del. Laws, c. 436, §§  8, 9;  70 Del. Laws, c. 186, §  1;
29 DE Code § 5950. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter V. Miscellaneous|§ 5950. Employee recognition.

§ 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 programs shall be approved by the Secretary of the Department of Human Resources prior to implementation. (b) The first full week in May shall be designated Public Service Recognition Week. Employee recognition programs shall not, however, be confined to this week. 67 Del. Laws, c. 444, §  1;  75 Del. Laws, c. 88, §  20(6);  81 Del. Laws, c. 66, §  52;
29 DE Code § 5951. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter V. Miscellaneous|§ 5951. Services to political subdivisions and excluded agencies.

§ 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 chapter, or with any municipality or other political subdivision of this State to furnish services and facilities of the Board to such agency, municipality or political subdivision in the administration of its personnel according to merit principles. Any such agreement shall provide for the reimbursement to the State of the reasonable cost of the services and facilities furnished, as determined by the Secretary. All excluded agencies and all municipalities and political subdivisions of the State are authorized to enter into such agreements. 29 Del. C. 1953, §  5951;  55 Del. Laws, c. 443, §  1;  69 Del. Laws, c. 436, §  9;  81 Del. Laws, c. 66, §  53;
29 DE Code § 5952. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter V. Miscellaneous|§ 5952. Federal merit system standards.

§ 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 continued eligibility of this State for grants-in-aid under any federal law or program. 29 Del. C. 1953, §  5952;  55 Del. Laws, c. 443, §  1;  69 Del. Laws, c. 436, §  9;
29 DE Code § 5953. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter V. Miscellaneous|§ 5953. Discrimination prohibited.

§ 5953. Discrimination prohibited. (a) For purposes of this section:  (1) “Protective hairstyle” includes braids, locks, and twists. (2) “Race” includes traits historically associated with race, including hair texture and a protective hairstyle. (b) A person may not be appointed or promoted to, or demoted or dismissed from, any position in the classified service, or be in any way favored or discriminated against with respect to employment in the classified service, because of political or religious opinions or affiliations, sexual orientation, gender identity, sex, or race. 29 Del. C. 1953, §  5953;  55 Del. Laws, c. 443, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 90, §  22;  79 Del. Laws, c. 47, §  25;  83 Del. Laws, c. 13, § 23;
29 DE Code § 5954. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter V. Miscellaneous|§ 5954. Political activity; penalty.

§ 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 the classified service, or an increase in pay or other advantage in employment in any such position, for the purpose of influencing the vote or political action of any person, or for any consideration. (b) No employee in the classified service shall engage in any political activity or solicit any political contribution, assessment or subscription during the employee's hours of employment or while engaged in the business of the State. (c) No person shall induce, directly or indirectly, any employee in the classified service to make a contribution, assessment or subscription to a political party under the representation, actual or implied, that such assessment, subscription or contribution will have any effect on the employee's employment with the State. (d) Any officer or employee in the classified service who violates any of the provisions of this section shall forfeit such office or position, and for 1 year shall be ineligible for any office or position in the state service. 29 Del. C. 1953, §  5954;  55 Del. Laws, c. 443, §  1;  70 Del. Laws, c. 186, §  1;
29 DE Code § 5955. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 59. Merit System of Personnel Administration|Subchapter V. Miscellaneous|§ 5955. Federal Fair Labor Standards Act; application to state personnel practices and merit system rules.

§ 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 to state personnel practices and shall supersede the rules adopted by the Merit Employee Relations Board pursuant to this chapter, but only to the extent such state law or merit rules are in conflict with the Fair Labor Standards Act [29 U.S.C. § 201 et seq.]. This supersession of state law and the merit system rules shall continue in effect only so long as, and only to the extent that, the provisions of the federal Fair Labor Standards Act [29 U.S.C. 201 et seq.], by their own terms or by judicial interpretation, are deemed to apply to state government personnel practices. To the extent necessary for state compliance with the Fair Labor Standards Act, the Secretary shall have the authority to implement this section, including, but not limited to, the authority to determine where conflicts exist between state law or merit rules and the federal act, and to resolve such conflicts by appropriate rulings and regulations. 65 Del. Laws, c. 215, §  1;  69 Del. Laws, c. 436, §  9;  75 Del. Laws, c. 88, §  20(6);  81 Del. Laws, c. 66, §  54;
29 DE Code § 6301. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 63. Budget Commission and Appropriations|Subchapter I. General Provisions|§ 6301. Definitions.

§ 6301. Definitions. As used in this chapter:  (1) “Agency” includes every board, department, bureau, commission, person or group of persons or other authority created and now existing or hereafter to be created to execute, supervise, control and/or administer governmental functions under the laws of this State or to perform such other duties as may be prescribed or to whom any moneys are appropriated under any budget appropriation act or supplemental appropriation act or any other act which authorizes and requires any department to collect and/or use any taxes, fees, licenses, permits or other receipts for services or otherwise for the performance of any function of or related to or supported in whole or in part by the laws of this State, and/or created to administer any laws providing for the collection of taxes, fees, permits, licenses or other forms of receipts from any sources whatsoever for the use of the State or any agency of the State, except the judiciary and the courts of the State. (2) “Anticipated expenditure” includes any items included in the budget which are estimated or proposed to be expended by any agency at any future time. (3) “Budget” includes the complete financial plan of the State as evidenced by all appropriations and allowances made and estimates of revenue approved by the General Assembly, including, in addition to the general budget of appropriations adopted by the General Assembly and approved by the Governor, all other appropriations and allowances authorized by law which have been or shall be made to any agency of this State which is supported in whole or in part out of the revenues, taxes, licenses, fees, permits, fines and from other sources including any agency which is empowered by statute to collect and expend revenues by the use of special funds by whatever name known whether or not specifically appropriated by the General Assembly, and includes the budgets and the revenues and expenditures of all agencies to which moneys are appropriated by supplementary appropriations or otherwise. (4) “Expenditures” includes any outlay of public moneys by authority of any law of this State and includes the expenditure of any appropriation authorized by the General Assembly of the State. (5) “Grant-in-aid” includes an appropriation of the public money from the General Fund for a public purpose to any county, municipality, corporation, private agency or person.42 Del. Laws, c. 204, §§  7, 10;  29 Del. C. 1953, §  6301;  54 Del. Laws, c. 39, §  2;  63 Del. Laws, c. 196, §  1;
29 DE Code § 6302. (2021)
2021 Delaware Code|Title 29 - State Government|Chapter 63. Budget Commission and Appropriations|Subchapter I. General Provisions|§ 6302. Composition of the Budget Commission.

§ 6302. Composition of the Budget Commission. There shall be a Budget Commission which shall consist of the Governor, the Lieutenant Governor, the Secretary of State, the State Treasurer and the Secretary of Finance. 42 Del. Laws, c. 204, §  2;  43 Del. Laws, c. 284;  29 Del. C. 1953, §  6311;  54 Del. Laws, c. 39, §  5;  57 Del. Laws, c. 582, §  4;  59 Del. Laws, c. 378, §  9;  65 Del. Laws, c. 219, §  1;