reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter IV. Registration of Lobbyists › § 5837. Lobbying restrictions for a former member of the General Assembly.

§ 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 violates this section shall be guilty of an unclassified misdemeanor.
79 Del. Laws, c. 427, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter IV. Registration of Lobbyists › § 5838. When registration, report or authorization is considered as filed; access to records.

§ 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 subchapter is unavailable at the time filing is required, on the date it is mailed if sent by registered or certified mail.
(b) The lobbyist docket maintained by the Commission and any reports, authorizations or other documents filed with the Commission pursuant to this subchapter shall be made available at reasonable hours for public inspection and copying pursuant to Chapter 100 of this title.
69 Del. Laws, c. 467, §  28;  78 Del. Laws, c. 401, §§  1, 5;  79 Del. Laws, c. 427, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 58. LAWS REGULATING THE CONDUCT OF OFFICERS AND EMPLOYEES OF THE STATE › Subchapter IV. Registration of Lobbyists › § 5839. Violation and penalties.

§ 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 subchapter shall be guilty of a misdemeanor.
(c) Any person who fails to file an authorization or report, as required by this subchapter shall be deemed to have voluntarily cancelled registration as a lobbyist and shall be prohibited from reregistering or acting as a lobbyist until all delinquent authorizations and/or reports have been filed. Any person who fails to timely file a report pursuant to § 5835 of this title shall pay a late fee of $25 for the first day and $10 for each subsequent day the report is delinquent. The maximum late filing fee shall be $100. The Commission may waive the late filing fee if the Commission determines that the circumstances make imposition of the fee inappropriate. The fee(s) is payable through the Public Integrity Reporting System database maintained by the Commission. All revenue generated by the late filing fees shall be deposited in an appropriated special fund account for the Commission. These funds shall be used to fund all costs necessary to defray the expenses of administration of § 5835 of this title.
(d) The Commission may refer to the Commission Counsel for investigation and/or refer any suspected violation of this subchapter to the Attorney General for investigation and prosecution. The Speaker of the House, the presiding officer of the Senate, the Legislative Council or any member of the General Assembly shall refer, or any other person may refer, any suspected violation of this subchapter to the Commission and/or the Attorney General of the State.
(e) The Superior Court shall have exclusive jurisdiction over all offenses under this subchapter.
69 Del. Laws, c. 467, §  28;  70 Del. Laws, c. 186, §  1;  78 Del. Laws, c. 401, §  1;  79 Del. Laws, c. 350, §  1;  79 Del. Laws, c. 427, §  1;
2023 Delaware Code › Title 29 - State Government › Chapter 59. MERIT SYSTEM OF PERSONNEL ADMINISTRATION › Subchapter I. Definitions and Exclusions › § 5901. Definitions.

§ 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) “Board” means the Merit Employee Relations Board created by this chapter.
(3) “Board member” means a member of the Board.
(4) “Classified service” or “state service” shall have the meaning as set forth in § 5903 of this title.
(5) “Merit comparable positions” means those positions which for salary determination purposes, are assigned, pursuant to the State Budget Act, classification titles and/or pay grades that are comparable to the titles and/or pay grades of similar positions in the classified service.
(6) “Rules” means those rules adopted by the Board pursuant to this chapter.
(7) “Secretary” means the Secretary of the Department of Human Resources.
(b) The definitions of terms appearing in § 1302 of Title 19 apply to this chapter.
29 Del. C. 1953, §  5901;  55 Del. Laws, c. 443, §  1;  56 Del. Laws, c. 376, §  1;  68 Del. Laws, c. 215, §  1;  69 Del. Laws, c. 436, §  9;  75 Del. Laws, c. 88, §  20(6);  81 Del. Laws, c. 66, §  28;  81 Del. Laws, c. 425, § 21;
2023 Delaware Code › Title 29 - State Government › Chapter 59. MERIT SYSTEM OF PERSONNEL ADMINISTRATION › Subchapter I. Definitions and Exclusions › § 5902. General purpose.

§ 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 employees to organize under Chapter 13 of Title 19.
29 Del. C. 1953, §  5902;  55 Del. Laws, c. 443, §  1;  56 Del. Laws, c. 376, §  2;
2023 Delaware Code › Title 29 - State Government › Chapter 59. MERIT SYSTEM OF PERSONNEL ADMINISTRATION › Subchapter I. Definitions and Exclusions › § 5904. Classification of exempt employees.

§ 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 classified service, shall have such position classified by the Secretary and an appropriate title and pay grade assigned thereto, in accordance with this chapter and the rules and regulations promulgated under this chapter. Any such employee shall be continued in such employee's newly assigned position without an examination requirement, unless subsequently separated from such position as provided by law.
29 Del. C. 1953, §  5904;  57 Del. Laws, c. 582, §  2A;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 88, §  20(6);  81 Del. Laws, c. 66, §  30;
2023 Delaware Code › Title 29 - State Government › Chapter 59. MERIT SYSTEM OF PERSONNEL ADMINISTRATION › Subchapter I. Definitions and Exclusions › § 5904A. Exceptional employment.

§ 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 without competitive recruitment and without listing on a referral list. Employment through the Selective Placement Program is limited to 12 months. Each appointee in the Selective Placement Program who successfully completes a trial work period, or passes a competitive examination, may be considered for permanent employment or probationary employment in the classified service. An appointment through the Agency Aide Program is of indefinite duration. Before any appointment is made, the Director of Talent Management or the Director's designee shall advise the applicant of the availability of benefits counseling resources, which offer information or guidance on the effect of employment on public benefits including income from the Social Security Administration.
74 Del. Laws, c. 164, §  3;  75 Del. Laws, c. 88, §  20(6);  75 Del. Laws, c. 350, §  85;  76 Del. Laws, c. 124, §  1;  81 Del. Laws, c. 66, §  31;  84 Del. Laws, c. 89, § 1;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;