CHAPTER 175

AN ACT TO AMEND CHAPTER 3, TITLE 3, DELAWARE CODE, RELATING TO BUREAU OF MARKETS BY PROVIDING FOR TENURE FOR CERTAIN EMPLOYEES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 3, Title 3, Delaware Code, amended by designating § 301 through § 304 as SUB-CHAPTER I--BUREAU OF MARKETS.

Section 2. Chapter 3, Title 3, Delaware Code, is amended by adding thereto a new sub-chapter to read:

SUBCHAPTER II. TENURE OF OFFICE

§ 311. Definitions

As used in this sub-chapter:

"Covered employee" means--

(a) The Director of Markets.

(b) Such employees as may be designated by the Board who are federal certificate clerks, federally licensed grain inspectors or other federally licensed inspectors and graders and who are permanent state employees, working under rules, regulations and supervision of the federal government, and for whose services the state is reimbursed by the federal government.

§ 312. Appointment; probation; permanent appointment

(a) A covered employee shall be appointed by the Board only after having qualified for appointment through competitive examinations conducted by the Board.

(b) The initial appointment shall be probationary for six months, during which time it may be terminated at any time for cause at the sole discretion of the Board.

(c) At the expiration of the probationary period, unless terminated at that time, the appointment shall become permanent.

§ 313. Permanent appointee; removal; charges; hearing

A permanent appointee shall hold office during good behavior. He shall not be removed, discharged, or reduced in pay or position except for insubordination, inefficiency, incapacity or conduct unbecoming an employee of the State of Delaware. Before being removed, he shall be furnished a written statement of the reasons for any contemplated removal, discharge or reduction, and shall be given thirty days in which to make written answer thereto. No such removal, discharge, or reduction shall be made until the charge or charges have been examined and found true in fact jointly by the Board and the United States Department of Agriculture at a hearing upon reasonable notice to the person charged, at which time he may be represented by counsel, offer testimony of witnesses and any other evidence in his own behalf.

§ 314. Appeal

Any permanent covered employee who has been dismissed by the Board and whose license has not been revoked by the United States Department of Agriculture shall, within fifteen days after dismissal, have the right to appeal to the Governor who shall have the power to uphold the dismissal, reinstate the employee or return the case to the Board for rehearing.

Section 3. The present Director, two senior clerks and federal licensed employees of the Bureau of Markets having served six months prior to the effective date of this Act shall be considered as permanent employees upon this Act becoming law.

Approved December 17, 1963.